General

These are the FanFight Website Terms and Conditions of Use (Terms) of WCFN TECHNOLOGIES PVT LTD (FanFight, fanfight.com, Our, We, Us). The Website means fanfight.com. The Website is owned and operated by Us. You and Your means the person using, browsing or otherwise accessing any content or data on the Website, including any subdomains of the Website, or related top-level domains including fanfight.com, mobile sites, apps, APIs and widgets (together, Our websites and mobile applications). You acknowledge and agree that by using, browsing or otherwise accessing Our websites and mobile applications, You agree to be bound by these terms and conditions of use (Terms), and our Privacy Policy. You agree to ensure that any person who accesses Our websites and mobile applications on Your behalf abides by these Terms. You acknowledge that We provide use and access to Our websites and mobile applications to You subject to these Terms.

We reserve the right to change any of the Terms or other Conditions for using Our websites and mobile applications at any time by publishing new terms or conditions on the Website. Your use of Our websites and mobile applications constitutes Your acceptance of those terms and conditions. Should You object to any of Our terms and conditions of use or other notices on Our websites and mobile applications Your sole option is to immediately cease Your use of Our websites and mobile applications.

You also acknowledge and agree that by using Our websites and mobile applications, You agree to be bound by the “Rules, Scoring and Payout” of each contest. A link to these can be found on the website.

Your use of information on our site including results, fixture lists, statistics, data and news posted on Our Website is at Your own risk. Other than as expressly set out in these Terms and to the extent permitted by law, We make no warranty as to the accuracy or reliability of the information contained on Our websites and mobile applications or in Our publications (including, but not limited to, any content or information generated on Our websites and mobile applications by or on behalf of Us, and any Third Party Content on Our websites and mobile applications). We and Our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from Our websites and mobile applications or publications.

Member Registration

If You wish to become a registered member of Our websites and mobile applications, You will need to apply for a member account (Account). Members are only permitted to open one account. FanFight reserves the right to close any duplicate accounts. All money held in duplicate account(s) will be forfeited. In order to apply for an Account, You must complete all details in accordance with the instructions on the Website.

Upon grant of the Account by Us, your Account will be created and You will be able to use Our websites and mobile applications and play the contest(s) with Us. We may refuse to grant an application for an Account made by any person without giving a reason for such refusal.

You continuously represent and warrant to Us that persons accessing Your Account are authorised to do so. You are not authorised to enter contests on Our websites and mobile applications or otherwise until you have been granted an Account.

You must be over 18 years of age and a resident of India to play on Our websites and mobile applications. FanFight 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 and 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. Only those Participants who have successfully registered on fanfight.com as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.

You will also be required to verify any credit card / bank account you use to deposit funds, and also any bank account you want to withdraw to.

By accepting these terms and conditions upon registration You give consent for fanfight.com to disclose your name, residential address and date of birth to a third party agency to assist in verifying your identity. The third party agency may prepare and provide fanfight.com with such an assessment and may use your personal information including the names, residential addresses and dates of birth for the purposes of preparing such an assessment.

Location Access

1. A user WILL NOT be able to login incase he/she does not provide us with the device's location.

2. The application checks for the GPS location, when not available, it falls back on the IP location.

3. The law of the land applies - if a user is in Delhi but travels to Telengana, he/she will not be able to play for their time in Telangana.

4. As a final check we also use the Bank Details as address proof during KYC approval. In case a user in Delhi uses our services but the account details are from Telangana - the KYC will not be approved, and we will refund any money deposited by the user on our platform (and not the winnings if any).

Security

Access to Your Account and to add to, delete or modify content on Your Account is password protected. You must memorise Your password or store Your password in a safe and secure place. You agree that You will not disclose Your password to anyone or allow any other person to access or use Your Account. You should check the "Transactions" tab of "Account" section of your FanFight account often to ensure there has been no unauthorised use of your account. If you suspect any unauthorised activity you must change your password immediately and contact contact@fanfightapp.com

Refund Policy

A transaction, once confirmed, is final and no cancellation is permissible. However, FanFight may, at its sole and absolute discretion, permit a Member to cancel a transaction and refund the amount paid: If the Member sends a written request to FanFight from the registered email Id to cancel such payment; or If the payment is made for participation in the paid version(s) of the Contest(s), the cancellation request must be received at least 2 days prior to the commencement of the round in respect of which the payment is made; FanFight shall not be liable to refund any amount thereafter. FanFight may, at its sole and absolute discretion, refund the amount to the Member after deducting applicable cancellation charges and taxes. However, if in a transaction performed by you on the FanFight Platform, money has been charged to your card or bank account and respective amount is not added in your FanFight account within 24 hours of the completion of the transaction, then you shall inform us by sending an e-mail to contact@fanfightapp.com from your registered e-mail address. Please include in the e-mail the following details – the mobile number, transaction value, transaction date and transaction id. FanFight will investigate the incident and, if it is found that money was indeed charged to your card or bank account without delivery of the balance in your FanFight account, then you will be refunded the money within 7 working days from the date of receipt of your e mail. All refunds will be credited to your FanFight account.

Deposits, Withdrawals and Member Account Funds

All deposits made to fanfight.com are immediately available in the Member’s FanFight Account, and can be accessed for entering contests. All deposits and refunds, if any, will be done through NEFT. Transactions may take up to 5 days to be completed. FanFight will process all withdrawal requests immediately, with funds arriving in your nominated bank account the next working day. This may on occasion take up to 5 working days. In order to request a withdrawal You must first complete FanFight’s Identity Verification, Credit Card Verification and Bank Account Verification processes, which also includes submission of PAN card details. The name mentioned on the Member’s verification documents should correspond with the name provided by the Member at the time of registration on fanfight.com, as well as the name and address existing in the records of the Member’s bank account as provided to FanFight. In the event that no bank account has been registered by the Member against such Member’s account with FanFight, or the Member has not verified his/her Member account with FanFight, to FanFight’s satisfaction and in accordance with these Terms and Conditions, FanFight shall provide such Member with a notification to the Member’s email address as on record with FanFight. There are four parts to the FanFight account: Total Balance, Deposited, Bonus & Withdrawable. When a member enters a contest, the entry fee is deducted from Bonus, Deposited and withdrawable balance , in that order depending on how much funds are available in each bucket. Members can withdraw from the withdrawable part of the account which only includes winnings that a member has made on fanfight.com. Members agree that once they confirm a transaction on fanfight.com, they shall be bound by and make payment for that transaction. The Member acknowledges that transactions on fanfight.com may take up to 24 hours to be processed. Any amount paid or transferred into the Member’s account may take up to 24 hours to reflect in the Member’s account balance. Similarly, money debited from the member's account may take up to 24 hours to reflect in the member's account. Members agree not to raise any complaint or claim against FanFight in respect of any delay, including any lost opportunity to join any Contest or round due to delay in crediting of transaction amount into any of the Member’s accounts. A transaction, once confirmed, is final and no cancellation is permissible. However, FanFight may, at its sole and absolute discretion, permit a Member to cancel a transaction and refund the amount paid: If the Member sends a written request to FanFight from the registered email Id to cancel such payment; or If the payment is made for participation in the paid version(s) of the Contest(s), the cancellation request must be received at least 2 days prior to the commencement of the round in respect of which the payment is made; FanFight shall not be liable to refund any amount thereafter. FanFight may, at its sole and absolute discretion, refund the amount to the Member after deducting applicable cancellation charges and taxes. At the time of the transaction, Members 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.

A. Selection and Verification of Winners and Conditions relating to the Prizes

Selection of Winners -

Winners will be decided on the basis of the scores of the Teams in a designated round of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular round shall be declared the Winner(s). In certain pre-specified Contests, FanFight 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 round 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. FanFight 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 fanfight.com, Contest, “Fantasy Rules”, etc.

Contacting Winners -

Winners shall be contacted by FanFight 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: Self attested Photocopy of the Member’s PAN card; Self attested Photocopy of a government-issued residence proof; Member’s bank account details and proof of the same. FanFight 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 FanFight. The Member 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. FanFight 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 fanfight.com. 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 FanFight, such Participant may contact FanFight 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 FanFight shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). FanFight shall not entertain any claims or requests for extension of time for submission of documents. FanFight shall scrutinise 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 grounds: Determination by FanFight 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; or Any other ground. Taxes Payable All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. 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.

Miscellaneous -

The decision of FanFight 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 and 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, FanFight shall disqualify such Participant and forfeit any prize won by such Participant. Further FanFight may, at its sole and absolute discretion, suspend or terminate such Participant’s account with fanfight.com. Any amount remaining unused in the Member’s Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the Member by an online transfer to the Member’s bank account on record with FanFight, subject to the processing fee (if any) applicable on such transfers as set out herein. If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), FanFight shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, FanFight may, at its sole and absolute discretion, suspend or terminate such Participant’s account. To the extent permitted by law, FanFight 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. FanFight may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against FanFight or question its right to modify such prizes being offered, prior to closure of the Contest. FanFight will not bear any responsibility for the transportation or packaging of prizes to the respective winners. FanFight shall not be held liable for any loss or damage caused to any prizes at the time of such transportation. The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes. The Winners shall bear all transaction charges levied for delivery of cash prizes. All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.

Restrictions on use of Our websites and mobile applications

In accessing or using Our websites and mobile applications you agree that you will not: use any automated device, software, process or means to access, retrieve, scrape, or index Our websites and mobile applications or any content on Our websites and mobile applications without Our express prior written consent; use any device, software, process or means to interfere or attempt to interfere with the proper working of Our websites and mobile applications; undertake any action that will impose a burden or make excessive traffic demands on Our infrastructure that we deem, in Our sole discretion to be unreasonable or disproportionate site usage; use or index any content or data on Our websites and mobile applications for purposes of competing with Us in any manner that we have not specifically authorised; transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not; use Our websites and mobile applications or any content from Our websites and mobile applications in any manner which is, in Our sole discretion, not reasonable and / or not for the purpose it is made available; violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right; pose as any person or entity or attempt to solicit money, passwords or personal information from any person; act in violation of any Term or condition of use of Our websites and mobile applications reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Our websites and mobile applications or any content on Our websites and mobile applications, except as expressly authorised by us; or transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature. We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of Our websites and mobile applications, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Intellectual property

Unless indicated otherwise, all intellectual property in Our websites and mobile applications is owned or licensed by Us. Subject to these Terms, You agree that You will not infringe Our intellectual property as contained in Our websites and mobile applications and will not modify, copy, republish, frame, distribute or communicate any part of Our websites and mobile applications or any information contained in it or otherwise use Our websites and mobile applications in a way which will infringe Our intellectual property or other rights.

Use of Information

You agree that content You provide to Us in the course of accessing or using Our websites and mobile applications, will be available to Us to use in any manner We think fit subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree, and continuously represent and warrant each time You access Your Account and Our websites and mobile applications that You will not upload or otherwise provide any content which: is inaccurate, misleading, deceptive, incomplete, defamatory, fraudulent, unlawful, tortious or confidential; infringes the intellectual or other proprietary interests of third parties; contains spam, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of Our websites and mobile applications or any other computer software, hardware or other electronic equipment, information which in any way impinges on another member's use or enjoyment of Our websites and mobile applications or otherwise breaches or encourages other members to breach these Terms; violates any law, statute or regulation; and/or forges information to disguise the origin of any Content.

Third Party Content

Our websites and mobile applications contain content provided to Us by other parties (Third Party Content). This includes the information relating to sport, fantasy sport, player news and player stats. We are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent Our views. You rely on Third Party Content completely at Your own risk.

Privacy

You agree to comply with Our privacy policy, guidelines and statements as may be applicable from time to time, which are incorporated into these Terms, and can be found at Privacy Policy.

General Contest Details

On the website You can select a team of Players who score points based on their real life performance in matches. Once You have selected a team for a contest, each contest entrant selects a contest entry amount (contest/prize amount) for which they would like to enter their team. Each team entered for a particular game with a particular contest entry amount (contest/prize amount) competes against the other teams submitted for that particular game with that particular entry amount. Once points have been determined, the money in the pool for that particular contest (after deduction of a FanFight fee) is distributed to the winning contest entrants as per the prize structure detailed in the rules and scoring section of that particular contest. Multi-person leagues will proceed if entries reach certain percentage of the contest size, which will be declared for every contest. The total prize pool will adjust as per the number of actual entries in the contest. Once the contest starts, the revised prize allocation is available within the contest live view.

Rules and Scoring

The Contest(s) in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by: 1) “Rules" available on the website2) 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.

Abandoned, Postponed & Cancelled Fixtures

Where any of the fixtures within a contest are cancelled, postponed or abandoned without an official result all contest entries are considered void and the entry amounts are returned to the members. There is no prize/winnings payouts for these voided contests.

Live & Final Scores

Live scoring for all FanFight contests entered are available in the "Live" section of fanfight.com. Player scores are updated immidiately with a final score update approximately 2 hours after the completion of a contest. FanFight uses 3rd party vendors for match schedule, in-play data and player/team profile. Any changes to the official player statistics or perceived errors after the point scores are made final will not be taken into account and claims that a contest participant’s entry has been affected will not be considered.

Prize Allocation & Payouts

FanFight uses uses third party vendors for match data and statistics. Any changes to these statistics or perceived errors after the point scores are made final will not be taken into account and claims that a contest participant’s entry has been affected will not be considered. Prizes are allocated as per the prize conditions set out in each contest. You can check payout breakup in each contest page. Multi-person leagues will proceed if entries reach certain percentage of the contest size, declared beforehand. The total prize pool will adjust as per the number of actual entries in the contest. Once the contest starts, the revised prize allocation is available within the contest live view. One exception to this is large tournaments. Prize pool and contest are usually guaranteed for large tournaments regardless of how many members enter. Live scoring for all FanFight contests entered are available in the “Live” section of fanfight.com. Player scores are updated immidiately with a final score update approximately 2 hours after the completion of a contest. In the case of two teams within a contest having a tied score, final payouts are calculated upon contest settlement.

Re-Sizing Contests

FanFight reserves the right to re-size contests. For guaranteed contests, they will only be re-sized to allow for a larger prize pool with more participants. For non-guaranteed contests, they will only be re-sized to allow the contest to go ahead with 50% of the required entries in the contest.

Tied Contest Entrant Scores

Where there are two or more winning entries on the same ranking, they share equally the prize payouts that would have applied to them had they been consecutively, and not equally, ranked.

Settlement of a Contest

Contest settlement will happen within 24 hours of the conclusion of the final real-game fixture of a contest.

Cancelled Matches

Where an actual real-life game fixture which forms part of a contest is cancelled all entries on any contest which involves that real-life game fixture will be cancelled and monies refunded to the relevant FanFight member accounts.

Uncontrollable Circumstances

If, for any reason, a contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of FanFight, which corrupt or affect the administration, security, integrity or proper conduct of a contest, FanFight reserves the right in its sole discretion to take any action that may be available, subject to any applicable laws, including cancelling all entries on the contest and refunding monies.

Management of Balances from Abandoned Accounts

FanFight shall consider an account abandoned after 5 consecutive years of no deposits, withdrawals or any contest activity. Once an account is deemed Abandoned, should there be a credit balance FanFight will attempt to contact the member through all available contact channels to organize withdrawal of the balance. Should all avenues be exhausted, such FanFight member(s) will stand to forfeit any balances.

Management of Balances from Frozen Accounts

Where and when permitted by Law, FanFight will contact members with Frozen FanFight Accounts to organize withdrawal/return of any credit balance in their FanFight account.

Complaints and Dispute Resolution

You can directly escalate to our management team by contacting contact@fanfightapp.com The courts of competent jurisdiction at Gurgaon shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Amusement Facilities provided by FanFight (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the member(s) (including Participants) or FanFight, 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 Gurgaon, 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 FanFight from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard FanFight’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 FanFight to pursue any remedy for monetary damages through the arbitration described herein.

Law and Jurisdiction

These Terms, and the agreement of which they form part, are governed by the laws of the Republic of India. The courts of competent jurisdiction at Gurgaon shall have exclusive jurisdiction. The place of arbitration shall be Gurgaon, India.

Limitation Of Liability

You agree that, to the maximum extent permitted by law, We are not liable to You or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with: the use of Our websites and mobile applications; any Content You upload or otherwise provide; the use by Us of information provided by You to Us through Our websites and mobile applications; being unable to access Our websites and mobile applications for whatever reason and however arising, including (without limitation) negligence; the failure of Our websites and mobile applications for whatever reason and however arising including (without limitation) negligence; the use of Your password by You or any third party to whom You have made the password available. We expressly limit, and You agree, Our liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the supply of the services again or the payment of the cost of having the services supplied again (the choice of which is to be at Our sole discretion). You indemnify Us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Us, arising from, or which is directly or indirectly, related to: Your breach or non-observance of any of these Terms; any Content You upload or otherwise provide; any breach or inaccuracy in any representations or warranties made to Us; and/or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.