TERMS & CONDITIONS

1. Big Bash Club

Big Bash Club is the flagship brand of Rationalzeal Technologies Private Limited ("Company"). Through its website (www. BigBashclub.com) (“Website”) and its mobile applications (“Application”), both the Website and the Application collectively referred to as "Platform/s", Company is in the business of developing and operating Platforms and is known by its brand name “Big Bash Club” offering online card games, other games.

2. Eligible User/User/ Guest

"Eligible User”, “User”, “Participant”, ‘Player”, “Customer”, “Guest” shall mean an individual who:
1. Is legally above 18 years of age.
2. Currently residing in India.
3. Is having a Facebook or a Google account.
4. Is having a valid PAN card, Aadhaar card and a valid Indian mobile number.
"Eligible User”, “User”, “Participant”, ‘Player”, “Customer”, “Guest” shall and can be used interchangeably.
Company may, as per the extant laws prevailing in certain Indian states, bar individuals in those states from participating in the Contest(s). Currently, individuals in the Indian states of Telangana, Odisha, Assam, Sikkim, Tamilnadu, Meghalaya, Nagaland, and Andhra Pradesh may not participate in real money games, as the laws of these states bar persons from participating in games of skill where participants are required to pay to participate in such online games.
Only those Guests who has successfully registered on the Platforms in accordance with the procedure outlined as per this policy shall be eligible to participate in the games and win prizes.

3. Usage of Platforms

Any Guest accessing our Platforms for participating in the various Contest(s) and Game(s), available on the platform (“Contest(s)”) (“Company Services” and/or “Services”) shall be bound by this document (“Terms and Conditions”), and all other rules, regulations and terms of use referred to herein or provided by the Company in relation to any of the Company Services.
Without any obligation of prior intimation to the Guest, Company has the right to modify these Terms and Conditions, rules, regulations, terms of usage and privacy policy referred to herein, by posting the same on the Platforms. Guests are advised to review the Terms and Conditions periodically. The updated version of these Terms and Conditions shall supersede the previous version of the Terms and Conditions and take effect immediately upon posting and may be notified via notification to the Mobile app, email, or SMS/ Whatsapp to their mobile phone.
By merely accessing the Platforms, the Guest will deemed to have acknowledged and consented to the acceptance of such Terms and Conditions, rules, regulations and terms of usage and privacy policy referred to herein or provided by the Company in relation to any of the Company Services, as may be amended from time to time.
The Company may, without any obligation, at its sole discretion, notify the Guest of any change or modification in these Terms and Conditions, rules, regulations, by the Company, by sending a notification to the mobile app, an email to the Guest's registered email address or SMS/ Whatsapp to their mobile phone. Guest has the right to opt-out of agreeing to these Terms and Conditions or any future updated version of the Terms and Conditions, and therefore also a right to opt-out from using the Platforms. If Guest is not comfortable with any of the Terms or does not wish to be bound by the same, then the Guest is at liberty to refrain from using the Platforms and or the Company Services. However, please be aware that Guest’s continued use of the Company Services post the updated Terms and Conditions would mean deemed acceptance of these Terms and Conditions and its associated policies mentioned here, including any modification thereof.
Certain Services being provided on Platforms may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are at variance with the additional conditions set down, the additional conditions shall prevail.
Company may, at its sole and absolute discretion:
1. Restrict, suspend, or terminate any Guest's access to all or any part of the Platforms or any or all of the Company Services.
2. Change, suspend, or discontinue all or any part of the Platforms and/or the Company Services.
3. Reject, move, or remove any material that may be submitted by any Guest.
4. Move or remove any content that is available on Platforms.
5. Deactivate or delete any Guest's account and all related information and files on the account.
6. Establish general practices and limits concerning use of the Platforms.
In the event any Guest breaches, or has illegally or improperly uses the Platform or the Company Services or the Company reasonably believes that such Guest has breached these Terms and Conditions, or, the Company may, at its sole and absolute discretion, and without any notice to the Guest, restrict, suspend or terminate such Guest's access to all or any part of Platforms, deactivate or delete the Guest's account and all related information on the account, delete any content posted by the Guest on the Platforms and further, take appropriate steps as it deems necessary.
The Company may charge its Guest, a platform fee in respect of any Company Services. The Company shall, without delay, repay such platform fee in the event of suspension or removal of the Guest's account or such Company Services on account of any negligence or deficiency on the part of the Company, but not if such suspension or removal is affected due to:
1. any breach by the Guest of any of these Terms and Conditions; or
2. any circumstances beyond the reasonable control of the Company.
Guest expresses consent to receiving communications such as announcements, administrative messages, and advertisements from the Company or any of its partners, licensors, or associates.

4. Intellectual Property

The name “Big Bash Club”, the Platforms which includes without limitation a combination of content created by the Company, its partners, affiliates, licensors, associates and/or Guest. The intellectual property rights in all software underlying the Platforms and material published on the Platforms, including (but not limited to) Game(s), Contest(s), software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, ("Intellectual Property Rights") is owned by the Company, its partners, licensors and/or associates. Guest 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 the Platforms either in whole or in part without express written license from the Company.
Guest and/or any other person may request permission to use any of the content by taking a written permission from the Company.
Guest is solely responsible for all content (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Platforms ("User's Content"). Each Guest represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the Guest's Content infringes any third-party rights. Guest further confirms and undertakes to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platforms.
Guest agrees to indemnify and hold harmless the Company, 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 the Platforms, by such guest or through the Guest's commissions or omissions.
Guest hereby grants to the Company and its affiliates, partners, licensors and associates a royalty-free, non-exclusive, sub-licensable license worldwide, irrevocable, right to use, reproduce, create derivative works of, distribute, publicly perform, transfer and/or publish Guests' Content for any of the following purposes:
1. Displaying Guests' Content on the Platform except personal identifiable information.
2. Storing Guests' Content in a remote database accessible by other Guest, for a charge.
3. Distributing Guests' Content, either electronically or via other media, to other Guests seeking to download or otherwise acquire it, and/or.
4. This license shall apply to the distribution and the storage of Guests' Content in any form, medium, or technology.

5. Third Party Sites, Services and Products

The Platform may contain links to other internet sites owned and operated by third parties. Guests' use of each of those sites is subject to the conditions, if any, posted by the sites. Company does not exercise control over any internet sites apart from its own website/s and cannot be held responsible for any content residing in any third-party internet site. Platform’s inclusion of third-party content or links to third-party internet sites is not an endorsement by the Company of such third-party internet site.
Guests' 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 Guest shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. Guest agrees that the Company 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/ third-party.
Platform contains content that is created by the Company as well as content provided by third parties. Company does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Guest in utilizing the Company Services provided on the Platform including while participating in any of the Contest(s) hosted on the Platform.

6. Privacy Policy

All information collected from Users, is subject to Company’s Privacy Policy which is available on Privacy_policy

7. Guest’s Conduct

Guest and/or any other person visiting the Platform agree to abide by these Terms and Conditions and all other rules, regulations, and terms of use of the Platforms. In the event Guest does not abide by these Terms and Conditions and all other rules, regulations and terms of use, the Company may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
1. Restricting, suspending, or terminating any Guest's access to all or any part of Company Services, Platform.
2. Deactivating or deleting the Guest's account and all related information and files on the account. Subject to the then applicable policy or at company’s discretion any amount remaining unused in the Guest's deposit account, winnings account and/or bonus account on the date of deactivation or deletion may also be forfeited on account of Guest having resorted to unfair/unscrupulous and or illegal means during gameplay or any other action on the platform.
Guest agrees to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by the Company). Guest further agrees to update and keep updated their registration information, wherever the same is editable.
Guest shall not register or operate more than one user account with the Platform.
Guest agrees that they can receive any communication from the Company by marking e-mails or sending SMS from the Company as part of their "safe senders" list. Company shall not be held liable if any e-mail/SMS remains unread by a Guest as a result of such e-mail getting delivered to the User's junk or spam folder, or in the case of error on the email or SMS sending platform(s).
Guest is responsible for maintaining the confidentiality of their accounts and passwords. Guest agrees to immediately notify the Company of any unauthorized use of their passwords or accounts or any other breach of security. In any of such cases, the Company won’t be responsible for any of the losses incurred by the Guest.
Guest agrees to exit/log-out of their accounts/ App/ Website at the end of each session. Company shall not be responsible for any loss or damage that may result if the Guest fails to comply with these requirements.
Guest agrees not to cheat or to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party or their own software designed to modify or interfere with Company Services and/or Company/ user experience or assist in such activity.
Guest also agrees 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 the Platforms or Company Services.
Guest agrees that without Company’s explicit written consent, they shall not modify or cause to be modified any files or software that are part of Company Services.
Guest agrees 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 Company Services or any other person's use or enjoyment of Company Services.
No Guest shall attempt to gain unauthorised access to any of the other Guest accounts, Servers or networks connected to Company Services by any means other than the interface provided by the Company through the Platforms, 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 Company Services.
Without limiting the foregoing, Guest agrees not to use the Platform for any of the following:
1. To engage in any obscene, offensive, indecent, racial, sexist, communal, anti-national, objectionable, defamatory, or abusive action or communication.
2. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals.
3. To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content.
4. 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, Platform, any software, hardware, or telecommunications equipment.
5. To advertise, offer or sell any goods or services for any commercial purpose on the Platform without the explicit written consent of the Company.
6. To download any file, recompile or disassemble or otherwise affect our products that the User knows or reasonably should know cannot be legally obtained in such manner.
7. 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.
8. To restrict or inhibit any other Guest/ Guests from using and enjoying our sites.
9. To collect or store personal information about other Guest/ Guests.
10. To interfere with or disrupt the Platform, servers, or networks.
11. To impersonate any person or entity, including, but not limited to, a representative of the Company, or falsely state or otherwise misrepresent Guest's affiliation with a person or entity.
12. To forge headers or manipulate identifiers or other data to disguise the origin of any content transmitted through the Platform or to manipulate their or other Guest's presence on Platform(s).
13. To take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
If a Guest a user name, or display name on social media login that is used to login to Big Bash Club, in Company’s considered opinion is obscene, indecent, abusive or that might subject Company 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, Company reserves the right, without prior notice to the Guest, to restrict usage of such names, which in Company’s opinion fall within any of the said categories and/or change such Guest’s user name/ display name or delete such user name/ display name and posts from the Platform, deny such Guest access to the Platform, or any combination of these options.
Unauthorized access to the Platform is a breach of these Terms and Conditions, and a violation of the law. Guest agrees not to access the Platform by any means other than through the interface that is provided by the Company for use in accessing the Platforms. Guest agrees 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 the Platform is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Company’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Guest’s use of the Platform.
Persons below the age of eighteen (18) years are not allowed to participate on any of the Contest(s), Game(s) (by whatever name called) on the Platforms. Every person will have to confirm being 18 years or above of age at the time of getting access into the Platforms. Any wrong information provided by the said person including the age shall constitute material breach by the said person and shall be liable for actions that may be taken by the Company including those permitted under the applicable law. The company may also report the same to competent authorities.

8. Conditions of Participation:

By entering any Game(s)/ Contest(s) available on the Platform, the Guest agrees to be bound by these Terms and Conditions as well as the decisions of the Company. Subject to the Terms and Conditions stipulated herein below, the Company, at its sole discretion, may disqualify any Guest from any Game(s)/ Contest(s), refuse to award benefits or prizes and require the return of any prizes, if the Guest is found to have engaged in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Game(s)/ Contest(s) or is in any way detrimental to other Guests which includes, but is not limited to the terms of the Guest/ User Conduct mentioned above and the following:
Falsifying their 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 the Company to enter a Contest(s) and/or claim a prize/winning, money withdrawal.
Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to load their Platform Account, enter a Game{s)/ Contest(s) or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely and wholly lie with the User.
Colluding with any other Guest/ Guests, User/ Users or engaging in any type of syndicate play.
Any violation of Games(s)Contest(s) rules or the Terms and Conditions of Use or the Terms and Conditions.
Accumulating money, points or prizes through unauthorized methods such as automated bots, or other automated means or using it for any other purpose.
Tampering with the administration of a Contest(s) or trying to in any way tamper with the computer programs or any security measure associated with a Contest(s).
Obtaining other Guest’s information without their express consent and/or knowledge and/or spamming other Guests (Spamming may include but shall not be limited to send unsolicited email(s)/ messages to other Guests, sending bulk email(s)/ messages to other Guests, sending unwarranted email content either to selected Guests or in bulk); or.
Abusing the company’s website/ platform in any way (‘unparliamentary language, profanity, slangs or disrespectful words’ are some of the examples of Abuse).
It is clarified that in case a Guest is found to be in violation of this policy, Company reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of winning/ prize money if any.

9. Registration for a Contest or Contests

In order to register for any Game(s)/ Contest(s), participants are required to accurately provide the information and acceptance to the terms and conditions of the Game(s)/ Contest(s), if requested by the Company which may include without limitations the following:
1. Full Name.
2. E-mail address.
3. Mobile Number.
4. Aadhaar details.
5. PAN details.
6. Bank Account details.
7. UPI details.
8. Password.
9. State of Residence.
10. Gender.
11. Date of birth.
12. Acceptance of Terms and Conditions of the Game(s)/ Contest(s).
In the event a Participant indicates or is found to be, while entering an address/ playing, that he/she is in/ or is a resident of either Telangana, Odisha, Assam, Sikkim, Tamilnadu, Meghalaya, Nagaland, or Andhra Pradesh, such Participant will not be permitted to proceed to sign up for any Game(s)/ Contest(s) in the paid version of the Contest(s).
Upon participants entering the above information and clicked on the "enter/register/submit" tab, and such participants are above the age of 18 years, they are sent a message on their phone numbers confirming their registration.

10. Contest(s), Participation and Prizes

As part of its services, Company may make available the Contest(s) on the Platform.

For Paid versions of the Contest(s) made available on Platform, Guest may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page, which will be deducted from the users account in the Platform. The ‘pre-designated amount’ means and includes pre-determined platform fee (inclusive of applicable taxes) for accessing Company Services and pre-determined participant’s contribution towards prize money pool. The Participant with the highest aggregate points at the end of the Contest(s) 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.
Each Contest has a limited number of user slots available wherein in Guests can enter after paying the requisite amount in the specified time, Company does not guarantee a fixed slot in any Contest available on the Platform.
Guest shall pay a pre-designated amount for participating in the Contest(s) being created on the Platforms. Guests from Telangana, Odisha, Assam, Sikkim, Tamilnadu, Meghalaya, Nagaland, and Andhra Pradesh will not be permitted to proceed to sign up for the match or Contest(s) and may not participate in any paid version of the Contest(s).
In a two Guests and above public Contest, where all the Guests/ Participants enter the Contest with the exact same teams, in such event, contest prize money shall be equally divided amongst all Guests/ Participants and the amount shall be deposited in the winning account of all participants, or as decided by the Company. In the event a Guest/ Participant is found to be violating this policy, the Company reserves the right to initiate appropriate action against such Guest/ Participant as it deems fit, which shall also include forfeiture of the winning amount and/or recovery of prize money if any and forfeiture of any balance in the Platform Accounts and deactivating or deleting the Guest's account.

11. Game of Skill

The Game(s)/ Contest(s) described above (across the Company Services) are games of skill as success of Guests/ Participants depends primarily on their superior knowledge of the games, statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format, 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 these Game(s)/ Contest(s), each Guest/ Participant acknowledges and agrees that he/she is participating in a 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.

12. SPECIAL TERMS FOR “Poker”, Private Poker

Company provides Poker to its users (‘Poker’), the additional terms for which are detailed hereunder:
1. Poker, Private Poker is a combination of variants of Poker and the standard rules of the game apply to Poker.
2. Guest can only participate in a single player Game(s) Contest(s) (not a team event), as applicable, with other Guests without any restriction on participation, unless specified otherwise in the rules or these terms.
3. Guest with link of Private Table or Private Table ID can access Private Table created by any other Guest.
4. Poker is presently accessible to residents outside of the restricted states of Telangana, Odisha, Assam, Sikkim, Tamilnadu, Meghalaya, Nagaland, and Andhra Pradesh. If specified by applicable law or court order, we reserve the right to amend the restricted States for poker or any other Game(s), Contest(s).
5. Chip–Dumping, Running Automatic players (Bots), Collusion use of External Player Assistance tool/ HUDs or any other Fraudulent behaviour is prohibited.
6. The Guest hereby acknowledges and agrees that if the Company has the right to believe or suspect that the Guest have in the past or are using fraudulent means which are in violation of the terms of use herein, the Company shall have the right to debar the Guest, suspend Guest’s account, prohibit Guest’s access to the Platform and, withdraw any payments due to the Guest, withholding any prizes the Guest may have won. The Company reserves the right to initiate appropriate action against such Guest as it deems fit, which shall also include forfeiture of the winning amount and/or recovery of prize money if any and forfeiture of any balance in the Platform Accounts and deactivating or deleting the Guest's account.
7. The Guest can also create a Private Table, which can be accessed via a secret code/ link, that the creator of the Private Table shall share with people who they want to play with. The creator is responsible for the secrecy of the code and anyone using the code will be allowed to play at the said table subject to Poker rules. The Guest can also access Private Table created by others by either using the secret code or link for the said Private Table.

13. Payment Terms

In respect of any transaction entered into, on the Platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms.
Subject to these Terms and Conditions, all amounts collected from the Guest are held in a Deposit Account maintained by the Company in accordance with provisions of these Terms and Conditions. The winning of the Guest is held in the Winning Account, which can be withdrawn by the User. Various accounts, as per the terms and conditions, the payouts can be made to (a) Users (towards their withdrawals), (b) Company (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount).
Additionally, Bonus Account will be detailed at the time of launch and its use will be explained as and when the same is launched.
The Deposit and the Winning Accounts can be used as per the terms and conditions of the platform or the Game(s)/ Contest(s). There is no withdrawal allowed from the Deposit Account and the Bonus Account.
Guest may participate in a Contest wherein the Guest 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 Company 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 and deduction of its commission.
The company may allow a predefined percentage of amount to be consumed from the Bonus Account for participation in Game(s) or Contest(s). This may vary for different Game(s) and Contest(s).
Any Guest availing Company services are provided with Deposit/ Winning Account for the processing and reconciliation of payments: Further the Company reserves the right to create sub-accounts within the User account for processing and reconciliation of payments as and when required subject to the Terms and Conditions.
It is clarified that in no instance the transfer of any amounts from Bonus Account in the Guest's accounts to any other category of account held by the Guest or any third-party account, including a bank account held by a third party.
Guest's winnings in any cash Contest(s)/ Game(s) will reflect in the Winning Account.
Guest’s remitting the any amount via the designated payment gateway shall be credited to Guest’s Deposit Account.
Each time a Guest participates in any Contest on Platform, the pre-designated amount shall be debited to the Guest’s account. In debiting amounts from the Guest’s accounts towards the pre-designated amount of such Guest shall be debited from the Guest’s Deposit Account, and/ or Winning Account, and/ or from the Bonus Account, subject to the Terms & Conditions of the Game(s)/ Contest(s).
In case there is any amount remaining to be paid by the Guest in relation to such Guest’s participation in any Game(s) or Contest(s), the Guest will be directed to the designated payment gateway to give effect to such a payment. In case any amount added by the Guest through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the Guest’s Deposit Account and will be available for use in participation in any or Contest(s) or in accordance with these Terms and Conditions.
Guest shall be permitted to withdraw amounts as per defined amounts, credited into such User's Winning Account subject to an administrative/ processing fee as applicable. Company has a right to forfeit any amount remaining unutilized in the various Accounts of Guest/ User, who has remained inactive for more than 365 (Three hundred and sixty-five) days consecutively.
The Company reserves the right to charge a Platform Fee/ Rake. The Platform Fee (inclusive of applicable tax thereon) will be debited from the Guest’s account. The Platform fee charged from User for different Game(s)/ Contest(s) is different. Currently, the Platform fee is 10% for Poker and 2% for private Poker Table (waived till 31-Dec-2022 for all users/ Guests who register on the platform till 30-Sep-2022).
The Guest acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Company has on third parties, any transactions on Platform may take up to 24 hours or more to be processed. Any amount paid into the Guest's Deposit Account or withdrawn from Winning Account may take up to 24 hours to reflect in the Guest's Deposit Account or the account to which the money is withdrawn into. A transaction, once confirmed, is final and no cancellation is permissible.
Company may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the Guest. At the time of the transaction, Guests 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.
In case of real money based Game(s), Contest(s), where the minimum number of participants is pre-requisite to initiate a game, and the minimum number is not completed, then in that case the rank cannot be determined because of less than minimum participants required to determine the ranking and Company shall refund the User’s entry fee within 72 hours of the time of participation.
Guest/ Participant are required to provide proper and complete details at the time of registration or whenever these details are submitted. Company shall not be responsible for communications errors, commissions or omissions including those by the Guest, due to which the results may not be communicated to the Winner.
In the event that a Guest has been declared a Winner on Platforms but has not received any communication from the Company, such Guest may contact the Company within a period of 10 Days from the declaration of such results.

14. Taxes Payable

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% (inclusive of cess) 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 the Company in accordance with the then current prescribed TDS rate. Guest will be provided TDS certificates in respect of such tax deductions provided the PAN is duly submitted to the company by the Guest. The Guest 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.

15. Miscellaneous

The decision of Company with respect to the awarding of prizes shall be final, binding and non-contestable.
Guests playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Telangana, Odisha, Assam, Sikkim, Tamilnadu, Meghalaya, Nagaland, and Andhra Pradesh. If it is found that a Guest playing the paid formats of the Contest(s) is from any of the above mentioned states, Company shall disqualify such Guest and forfeit any prize won by such Guest. Further Company may, at its sole and absolute discretion, suspend or terminate such Guest’s account with Company.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Company shall be entitled, at its sole and absolute discretion, to disqualify such Guest and forfeit his/her prize. Further, Company may, at its sole and absolute discretion, suspend or terminate such Guest’s account.
To the extent permitted by law, Company 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.
Company may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Guests/ Participants shall not raise any claim against Company or question its right to modify such prizes being offered, prior to closure of the Contest.
All prizes are non-transferable and non-refundable. Non-Cash Prizes cannot be exchanged / redeemed for cash. Similarly, Cash Prizes cannot be exchanged gifts in kind. No cash claims can be made in lieu of prizes in kind.
Any amount remaining unused in the Bonus Account of Guest, who has remained inactive for more than 30 (thirty) days consecutively, shall be forfeited by the Company. Further, any amount remaining unutilized in the Deposit Account and/ or Winning Account of User, who has remained inactive for more than 365 (Three hundred and sixty five) days consecutively, shall be forfeited. However, the unutilized amount in the Deposit Account may be refunded back to the User to his bank account, if the Guest makes a request in writing within a period of another 365 (Three hundred and sixty five) days to the Guest Support team of Company and upon providing valid documents that the Company may require to establish credibility.

16. Publicity

Acceptance of a prize by the Guest/ Winner constitutes permission for Company, and its affiliates to use the Guest’s/ 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. Guest/ Winner further undertake that they will be available for promotional purposes as planned and desired by the Company without any charge. Promotional activities may include but not be limited to press events, internal meetings, and ceremonies/functions.

17. General Conditions

If it comes to the notice of the Company that any governmental, statutory, or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Company that conduct of any such Contest(s) is prohibited, then the Company shall withdraw and / or cancel such Contest(s) without prior notice to any Guest or Winners of any Contest(s). Guest agrees not to make any claim in respect of such cancellation or withdrawal of the Contest(s) in any manner. Employees, directors, affiliates, relatives, and family members of the Company will not be eligible to participate in any Contest(s). Employees, directors, affiliates, relatives, and family members of the Company can play games and contest with their personal money but not eligible for Mega prizes, if any. They can win games and money, just like normal Guests.

Dispute and Dispute Resolution.
1. The courts of competent jurisdiction at NCT of Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Company Services provided by Company (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 Company, 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.
2. 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 (45) days of receipt of Notification, the dispute shall be settled by arbitration.
3. The place of arbitration shall be NCT of 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.
4. 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 fee 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.
5. Nothing contained in these Terms and Conditions shall prevent Company from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Company’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 Company to pursue any remedy for monetary damages through the arbitration described herein.
Release and Limitations of Liability.
1. Guest/ User shall access the Company Services provided on the Platform voluntarily and at their own risk. Company 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 Guest/ User or any other person or entity during the course of access to the Company Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
2. By entering the various Game(s)/ Contest(s) and accessing the Company Services provided therein, Guest/ User hereby release from and agree to indemnify Company, 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 Company 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.
3. Company 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.
4. Guest/ User shall be solely responsible for any consequences which may arise due to their access of Company Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Company Services, including provision of incorrect address or other personal details. Guest/ User also undertake to indemnify Company 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 Company on account of such act on the part of the Users.
5. Guest/ User shall indemnify, defend, and hold Company harmless from any third party/ entity/ organization claims arising from or related to such Guest's engagement with the Company or participation in any Game(s) or Contest(s). In no event shall the Company be liable to any Guest for acts or omissions arising out of or related to Guest's engagement with the Company or his/her participation in any Game(s) or Contest(s).
6. In consideration of Company allowing the Guest to access the Company Services, to the maximum extent permitted by law, the Guest waives and releases each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against the Company, 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 Company Services or related to the Game(s) or Contest(s) or the prizes of the Game(s) or Contest(s).
Disclaimers.
1. To the extent permitted under law, neither Company 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.
2. To the extent permitted under law, Company shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Company Services or sites, cancellation of Game(s) or Contest(s)/ Competition(s) and Prize(s). Company disclaims any responsibility for, and if an Guest pays for access to one of Company’s Services the Guest will not be entitled to a refund as a result of, any inaccessibility that is caused by Company’s maintenance on the servers or the technology that underlies our sites, failures of Company’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, Company does not provide any warranty as to the content on the Platform(s). Platform(s) content is distributed on an "as is, as available" basis.
3. Any material accessed, downloaded, or otherwise obtained through the Platform is done at the Guest's discretion, competence, acceptance and risk, and the Guest will be solely responsible for any potential damage to Guest's computer system or loss of data that results from Guest's download of any such material.
4. Company shall make best endeavour to ensure that the Platform(s) is error-free and secure, however, neither Company nor any of its partners, licensors or associates makes any warranty that:
  1. The Platform(s) will meet Guest/ Users' requirements.
  2. Platform(s) will be uninterrupted, timely, secure, or error free.
  3. The results that may be obtained from the use of Platform(s) will be accurate or reliable; and
  4. The quality of any Product(s), Company Services, information, or other material that Guest purchase or obtain through Platform(s) will meet Users' expectations.
5. In case Company discovers any error, including any error in the determination of Winners or in the transfer of amounts to a Guest's account, Company 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 Guest or deduction from the Guest's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Company agrees to notify the Guest of the error and of the exercise of the remedy/ remedies to rectify the same.
6. To the extent permitted under law, neither Company 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.
7. Any Company Service(s), Event(s), Game(s) or Contest(s) being hosted or provided, or intended to be hosted on the 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 Company Services, events or Contest(s) are hosted or provided.
8. To the extent permitted under law, in the event of suspension or closure of any Service(s), Event(s), Game(s) or Contest(s), Users (including participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
9. Guest’s/ User’s use of the Platform, or any content, available thereof is entirely at their own option and risk and. The Company shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties, or liabilities whatsoever arising out of or relating to the use of the Platform or any content thereof. To the maximum extent permitted by applicable law, the total liability of Company to the Guest for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the total winnings in your account.
Miscellaneous.
1. Company may be required under certain legislations, to notify Guest of certain events. Guest hereby acknowledges and consent that such notices will be effective upon the Company posting them on the Platforms or delivering them to the Guest through Notifications on the Big Bash App and/ or the email address (if available) provided by the Guest at the time of registration. If they do not provide the Company with accurate information, the Company cannot be held liable for failure to notify the Guest.
2. Company 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 Company’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 Event(s) to which a Game(s) or Contest(s) relates. In such circumstances, Company shall also be entitled to cancel any related Game(s) or Contest(s) and to process an appropriate refund for all participants.
3. Company’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.
4. Guest agrees 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 Company’s or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
5. These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the Guest/ User and the Company and govern your use of the Platform, superseding any prior agreements that any Guest/ User may have with the Company.
6. 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.
7. Company reserves the right to moderate, restrict or ban the use of the Platform, specifically to any Guest/ User, or generally, in accordance with Company’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
8. Company may, at its sole and absolute discretion, permanently close or temporarily suspend any Company Services (including any Contest(s)).
9. Company 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 Platforms, unless specified.