(1) These are the Wishgames11 Website Terms and Conditions of Use (‘Terms’) which form an agreement between Wishgames11 PRIVATE LIMITED (referred hereinafter as the ‘Company’, ‘Wishgames11’, ‘us’, ‘we’ or ‘our’) and you, the user (hereinafter referred as ‘you’, ‘your’, or ‘User’ or ‘Member’, as defined below) of the www.Wishgames11.com website (‘Website’) and the Wishgames11 mobile application (‘App’) including any sub-domains of the Website, or related top-level domains including www.Wishgames11.com, mobile sites, apps, APIs and widgets (hereinafter collectively referred as ‘Platforms’). These Platforms are owned and operated by Wishgames11 and offer online sports fantasy games / leagues.
(2) The User is any person using, browsing or otherwise accessing any content or data on the Platforms.
(4) We reserve the right to change any of the Terms for using our Platforms at any time by publishing new Terms on the Platforms. Your use of our Platforms constitutes your acceptance of those Terms. If you are not agreeable to any of our terms and conditions of use or other notices on our Platforms, your sole option is to immediately cease your use of our Platforms.
(5) Participation in any game or tournament on the Platforms or viewing of certain content may be subject to further terms and conditions as may be notified by us from time to time on the Website or otherwise. You should ensure that you have read and understood the rules and regulations of the games, contests, tournaments available through the Platforms, here on referred to as the “Leagues”. You agree to be bound by and abide by the rules and regulations of each of the Leagues as published and periodically changed by Wishgames11.
(6) Your use of information on our Platforms including results, fixture lists, statistics, data and news posted on our Platforms 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 Platforms or in our publications (including, but not limited to, any content or information generated on our Platforms by or on behalf of us, and any Third Party Content on our Platforms). 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 Platforms or publications.
(7) Wishgames11 is a technology company, which through its Platforms aims at providing technology to enable online fantasy sports league(s). Besides providing technology Platforms to enable online games of skill, Wishgames11 also creates software and technology to enable playing of online games of skill on multiple technology platforms.
(8) The Platforms are only intended for playing of such games of skill and for entertainment purposes only. By using the Platforms, you acknowledge and agree that you are participating in a game of skill. Wishgames11 shall not be responsible for any betting or gambling acts that may take place or are undertaken by Users outside the Platforms.
(9) Wishgames11 may charge an entry fees to Users for providing such Platforms and for participation in the Leagues hosted on the Platforms. Such entry fees shall be inclusive of contribution to prize money, platform fee and applicable GST.
(10) In order to access and play the League(s), or fully utilize the Platforms offered by Wishgames11, a User is required to register as a ‘Member’ on the Platforms. You are not authorised to enter any League(s) on our Platforms or otherwise, until you have been granted an Account (defined below).
(11) If you wish to become a registered Member of our Platforms, you will need to apply for a Member account (‘Account’). Each User is only permitted to open one Member account. Wishgames11 reserves the right to terminate or suspend any duplicate accounts.
(12) In order to apply for an Account, you must complete the form and provide certain details in accordance with the instructions on the Website. You can also register or log in through Facebook, Google or your personal e-mail address. You will also be required to provide your mobile number for verification purposes, and verify such mobile number using a one time passcode sent to your mobile number. Grant of membership shall be determined by Wishgames11 or its representatives, in their sole discretion. We may refuse to grant an application for an Account made by any person without giving a reason for such refusal. You agree and acknowledge that decision of Wishgames11 in this regard shall be final.
(13) You agree and acknowledge that if a Member Account is found to be inactive for a continuous period of 330 days, that is, the Member has not participated in any matches for such continuous period, then Wishgames11 reserves the right to terminate or suspend such Account. If the Account Balance of such inactive Account is less than INR 300, the Member shall have no right to redeem or demand the said Account Balance. For such inactive Accounts where the Account Balance is above INR 300, Wishgames11 will attempt to contact the Member through all available channels to organize withdrawal of the Winning & Deposit Account Balance, including verification of the bank account (if not already done), and then refund the Account Balance to the Member bank account as provided.
(14) Persons who wish to register an Account must have a valid e-mail address, mobile number, PAN card & bank account.
(15) You must be over 18 years of age and a resident of India to access and/or use our Platforms and create an Account with us. We reserve the right to request proof of age at any stage to verify that minors are not using the Platforms and we may exclude a person from accessing or using the Platforms, if proof of age is not provided or if Wishgames11 suspects that a person doing so is under the age of 18 years. Parents should monitor their children's online activities and consider using parental control tools available from online services that help provide a child an amicable online environment. These tools can also prevent children from disclosing any personal information without parental permission.
(16) You agree to provide true, accurate, current and complete information at the time of registration and at all other times. You agree to update and keep updated all information provided for the purposes of registration.
(17) Upon grant of the Account by us, your Account will be created and you will be able to use our Platforms and play the League(s). You agree and acknowledge that such Account can be terminated by us by giving notice to you, for any reason deemed fit by Wishgames11.
(18) You represent and warrant to us that, throughout the course of your membership with us, or use of our Platforms, you will not permit other persons to access or use your Account. If you permit other persons to access or use your Account, you do so at your own sole risk. You further agree and accept that you shall not access or use the Platforms through the account of another Member.
(19) You may 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.
(21) You acknowledge that your participation in any League(s) available on the Platforms is purely voluntary and at your sole discretion and risk.
(22) Wishgames11 may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the League(s). Currently, individuals residing in the Indian states of Assam, Odisha and Telangana are not allowed to participate in the paid version of the League(s) as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter. Further to the same, we also do not offer the paid version of the League(s) to residents of Sikkim and Nagaland.
(23) There may be applicable penalties imposed on such User by the respective State Governments or the Central Government of India as the case maybe.
(24) Wishgames11 does not accept membership requests from persons residing in the aforesaid Indian states. Users agree and acknowledge that if a User residing in such Indian state becomes a Member by giving false information, the liability shall be solely on the User and Wishgames11 reserves the right to terminate such Account without any notice and such Member shall not have any right to redeem or demand the Account balance of such Account.
(25) You agree and accept that Wishgames11 shall not be liable or responsible for the breach of applicable state laws by any User. Users from all Indian states have to always ensure that they are complying with the applicable state laws and we will attempt to post any changes that we seem appropriate to better educate the Users. You agree and acknowledge that our decision in this regard will be final and binding, and no consideration whatsoever will be extended to the User.
(26) You agree and acknowledge that we may monitor or use certain technologies and monitoring of activities including logging of your IP address to ascertain and verify your geographical location.
(27) Access to your Account and to add to, delete or modify any 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. We are not responsible if your Account is accessed or opened by other persons using your password. You shall be held solely responsible and liable for all of your activities on the Platforms made from your Account.
(28) You understand that it is your obligation to protect the information you have provided on the Platforms including, but not limited, to usernames, passwords, email addresses, contact details, bank account information etc. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your Account on the Platforms being exposed or misused by any other person or any other harm or loss being suffered by you.
(29) You should routinely check the "Account Balance" section of your Account to ensure that there has been no unauthorised use of your Account. If you suspect any unauthorised activity you must change your password immediately and contact [email protected]
(30) There are multiple formats of League(s) available to choose from on the Platforms. An illustrative list of such formats is set out below:
(a) Based on criteria for team selection
(a) Based on criteria for team selection
(b) Based on payout criteria
(c) Based on Entry Limit
(d) Based on number of opponents
(e) Based on who created the League(s)
(31) On the Platforms, you can select a team of players who score points based on their real life performance in matches.
(32) Once you have selected a team for a League, each League entrant selects a League entry amount for which they would like to enter their team. The League entry fee comprises of the amount contributed towards the prize pool money which is required to be paid to the winner of the contest as well as the platform fee payable to Wishgames11 for access to the Wishgames11 Platform. For participating in any League, you will have to contribute a pre-specified contribution towards the prize money pool of such League, which will be passed on to the winner(s) of the League after the completion of the League as per the terms and conditions of such League. The amount to be paid-in by you towards the prize money pool would also be debited from your Account Balance maintained with Wishgames11.
(33) Wishgames11 reserves the right to charge a Platform Fee. The Platform Fee (inclusive of applicable tax thereon) will be debited from your Account Balance and Wishgames11 shall issue an invoice for such debit to you.
(34) Leagues will proceed if entries reach certain percentage of the League size, declared beforehand. The total prize pool contributed by entrants or Wishgames11 will adjust as per the number of actual entries in the League. Wishgames11 may also, at its discretion, guarantee prize pool and League(s) for large tournaments irrespective of the number of entries. Wishgames11 reserves the right to re-size League(s). For guaranteed Leagues, they will only be re-sized to allow for a larger prize pool with more Members.
(35) Live scoring for all Wishgames11 League(s) entered are available in the "Live" section of the Platforms. Member scores are updated regularly with a final score update approximately 2 hours after the completion of a League.
(36) Wishgames11 uses third 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 Member’s League entry has been affected will not be considered.
(37) Wishgames11 agrees and acknowledges that it has no rights or title on the prize money contributed by you. Wishgames11 is only a platform for collection of the prize money and holds the same in trust for the winner of a League. The collection of such prize money is only for the purpose of distribution to the winner of each Contest. Wishgames11 at its own discretion can also contribute to such prize money pool from its own resources.
(38) Members agree to abide by the gaming rules specified on the Platforms in respect of the League(s) in addition to these Terms.
(39) If, for any reason, a League is not capable of operating as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of Wishgames11, which corrupt or affect the administration, security, integrity or proper conduct of a contest, Wishgames11 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.
(40) For latest games, leagues, format, guidelines and rules, please check the FAQ Page regularly.
(41) A transaction, once confirmed, is final and no cancellation is permissible. However, Wishgames11 may, at its sole and absolute discretion, permit a Member to cancel a transaction and refund the amount paid:
(42) Wishgames11 shall not be liable to refund any amount thereafter. Wishgames11 may, at its sole and absolute discretion, refund the amount to the Member after deducting applicable cancellation charges and taxes. A request for cancellation of any transaction would be processed within 2 weeks.
(43) Where any of the fixtures within a League are cancelled or abandoned without an official result, all League entries are considered void and the entry amounts shall be duly refunded to Members. There are no prize/winnings payouts for these voided contests.
(44) If, in a transaction performed by you on the Platforms, money has been charged to your card or bank account and respective amount is not added in your Wishgames11 Account within 24 hours of the completion of the transaction, then you shall inform us by sending an e-mail to [email protected] from your registered e-mail address. Please include the following details in the e-mail – your mobile number, transaction value, transaction date and transaction ID. Wishgames11 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 Wishgames11 Account, then you will be refunded the money within 7 business days from the date of receipt of your e-mail. All refunds will be credited to your Wishgames11 Account.
(45) There are four parts to the Account Balance in your Wishgames11 Account - Total Balance, Deposit Balance, Bonus Balance & Withdrawable(Winning) Balance.
(46) Any Bonus – Referral or Deposit Bonus will expire in 14 days from the date of credit to the Member’s Account.
(47) All deposits and refunds, if any, will be done through NEFT. Transactions may take up to 5 business days to be completed. Such deposits made to the Website, www.Wishgames11.com will become available immediately thereafter in the Member’s Wishgames11 Account, and can be accessed for entering League(s) and games.
(48) Wishgames11 will process all withdrawal requests immediately, with funds arriving in your nominated bank account on the next working day. This may on occasion take up to 5 business days. In order to request a withdrawal, you must first complete Wishgames11’s identity verification, and bank account verification, which will also require submission of your PAN card and bank account details.
(49) When a Member enters a League, the entry fee is deducted from the Deposit & Bonus Balance, should there be funds available. If funds are unavailable, it is deducted from the Withdrawable Balance of the Account. The acceptance of these terms and conditions has the effect of giving authority to Wishgames11 to withdraw from the Withdrawable Balance.
(50) You agree that once you confirm a transaction on the Platforms, you shall be bound by and make payment for that transaction.
(51) Member acknowledges that transactions on the Platforms 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 Balance may take up to 24 hours to reflect in the Member’s Account. Members agree not to raise any complaint or claim against Wishgames11 in respect of any such delay, including any lost opportunity to join any League or round due to delay in crediting of transaction amount into the Member’s Account.
(52) You agree, understand and acknowledge that you will use your Account with us solely for the purpose of accessing or using the Platforms and for any other transactions with us which you may have to carry out with respect to your usage of such Platforms. You understand and acknowledge the fact that we are neither a bank nor a financial institution and that the purchases/balance standing to the credit in your account do not accumulate any interest.
(53) League Winners:
(54) You also understand and accept that your mere participation in League(s) available on the Platforms does not create any obligation on us to give you a prize. You winning a prize is entirely dependent on your skill as a player same as other players in the League(s) and subject to the rules of the League(s). The decision of Wishgames11 with respect to the awarding of prizes shall be final, binding and non-contestable.
(55) 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.
(56) If it is found that a Member playing the paid formats of the League(s) is under the age of eighteen (18), Wishgames11 shall be entitled, at its sole and absolute discretion, to disqualify such Member and forfeit his/her prize. Upon such forfeiture, such prize money will be carried forward to any other prize money pool as per the discretion of Wishgames11. Further, Wishgames11 may, at its sole and absolute discretion, suspend or terminate such Member’s Account.
(57) To the extent permitted by law, Wishgames11 makes no representations or warranties as to the quality, suitability; quantum or merchantability of any prizes and shall not be liable in respect of the same.
(58) Wishgames11 may, at its sole and absolute discretion, vary or modify the prizes being offered by it to winners. Members shall not raise any claim against Wishgames11 or question its right to modify such prizes being offered, prior to closure of the Contest.
(59) Wishgames11 will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Wishgames11 shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
(60) The winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
(61) The winners shall bear all transaction charges levied for delivery of cash prizes.
(62) 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.
(63) Contest settlement will happen within 24 hours of the conclusion of the final real-game fixture of a contest.
(64) We are committed to promoting fair play on our Platforms.
(65) Our compliance team will track game play of all players and strict action will be taken against any player(s) caught colluding. By agreeing to these Terms, you agree not to indulge in any unfair game practice that may provide undue advantage to you or any other player.
(66) We reserve the right to withhold any necessary action, as it deems fit, against players found indulging in unfair means. The action could include, inter alia, monetary penalties, temporary account suspension, redemption blocking and/or permanent account deactivation.
(67) Depositing and withdrawing without playing any or a reasonable amount of League(s) is a violation of our fair play deposit and withdrawal policy. Consecutive deposits and withdrawals are considered as money laundering actions, which is not permitted on the Platforms. Any Member found committing such an action is in violation of our fair play deposit and withdrawal policy and further to investigation is subject to a penalty fee.
(68) Any Member deemed to be a fraud Member for any reason, for example, found depositing or withdrawing from/to a fraudulent account, is subject to legal action from the Company’s management including but not limited to the confiscation of the Member's Account Balance and locking of the Member's Account.
(69) Members are also prohibited from opening multiple accounts on the Website. We reserve the right to block/deactivate any account(s) suspected of being a duplicate account.
(70) In accessing or using our Platforms you agree that you will not:
(71) If you choose to submit any content on the Platforms, you hereby warrant that no contribution shall:
(72) As it concerns the content uploaded by you, without prejudice to your obligation to otherwise comply with applicable laws during the course of using the Platforms, you agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Platforms.
(73) The Users admit that they may be exposed to content posted by other users which they may find offensive, obnoxious or indecent and that we may not be able to prevent such content being posted. Such content should be brought to our notice. We shall act upon the information as it deems acceptable. The decision taken by the management of the Company in this regard shall be final and binding on the User and you specifically agree that we shall not incur any liability under any circumstance whatsoever regarding the same.
(74) We reserve the right to prevent unauthorised access to or use of our Platforms, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
(75) In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal action against you as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating your use of the Platforms.
(76) You shall not purchase, sell, assign, trade, rent, loan, lease, license, grant a security interest in, or transfer your user account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platforms.
(77) Wishgames11 holds all rights tangible or intangible subsisting in the Platforms and all the services offered on the Website including but not limited to all League(s), materials published on the Website, underlying software, promotional materials, advertisements, written content, photographs, images, audio or video clips, all strategic and development plans, ideas, designs, financial information, business plans, data banks, information related to technology and process, the technology developed including the software and methodology of usage from here on referred to as ‘Intellectual Property’.
(78) Wishgames11 merely permits the User to use the Intellectual Property to play the League(s) and use other services offered. The User is strictly prohibited from using the Intellectual Property otherwise. The User is not being granted any rights whatsoever with respect to the Intellectual Property by allowing him to play League(s) and use other services on the Platforms.
(79) All other trademarks, copyrights or intellectual and proprietary rights which belong to any person or third party are the property of their respective owners.
(80) You retain all of your ownership rights in your content, but you hereby grant us a non- exclusive, royalty-free, worldwide, irrevocable and sub-licensable license to use, store and copy that content, create derivate works and to distribute and make it available to third parties.
(81) Additionally, we are free to use any ideas, concepts, know-how or techniques contained within such content you upload for any purpose, throughout the world. Our use of such content uploaded by you shall not require any further notice of attribution to you and such use shall be without requirement of any permission from or any payment to you or any other person or entity.
(82) You are solely responsible for securing and backing up your content. We have the right to remove any content or posting you make available on the Platforms if, in our opinion, your post does not comply with our content standards.
(83) We also have the right to disclose, and you consent to us disclosing, your identity to any third party who is claiming that any content posted by you or uploaded by you or any other User of the Website constitutes a violation of their intellectual property rights, proprietary rights or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other User of the Platforms.
(84) The views expressed by other Users on the Platforms do not represent our views or values. In no event do we assume any responsibility or liability whatsoever for any content uploaded by you and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such content uploaded by you.
(85) If you have any complaints relating to any third party content uploaded on the Platforms, then please contact [email protected] Your e-mail must bear your signature or a signed written complaint and should include the following information:
(86) The User shall not attempt to modify, decompile, reverse-engineer or disassemble the software used in relation to the Platforms in any way. The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the software and the League(s). All actions taken in relation to the League(s) by a User must be executed personally by the User through the user interface accessible by use of the software. Such action may include, but is not limited to, the examination of software programs running concurrently with the software of the Company on the User's computer.
(87) We shall take all reasonable measures, including taking down the objectionable third party content expeditiously.
(88) You agree and acknowledge that our responsibility in relation to objectionable third party content is limited to removing them post receipt of your objections in accordance with these Terms and we shall not be responsible or liable for any other damages or losses incurred by you of any nature whatsoever.
(89) Our Platforms contain content provided to us by other parties (‘Third Party Content’). This includes the information relating to sport, fantasy sport, and player news and player statistics.
(90) 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.
(91) Please beware of phishing attacks, spoofed emails and links from external third party sources but claiming to be from Wishgames11. We are not responsible for such emails/messages and/or any loss arising out of clicking on links contained in them.
(93) You understand and acknowledge that once a League has commenced, not being able to play due to slow internet connections, faulty hardware, internet connection failure, low computer configuration or for any other reason does not require us to a refund of the entry fee you may have paid for participation.
(94) In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service at our end, as a policy, we will cancel the League(s) and refund the entry amounts after proper verification and no service fee will be charged for such contests and you accept that we are not responsible to you in all such cases. For any Contest, we have the right to cancel and refund the entry fees. In no case, other than a server crash, are we accountable for any of the User’s disconnections from server. We are also not liable for any prospective winnings from any incomplete Contest.
(95) We do not hold any liability to any disconnection, lag, freeze or interference in network on the User’s computer or any other external networks.
(96) By registering, you are considered to have accepted and understood all the Terms. We recommend that you keep a copy of all transactions, gaming rules, cancellation and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms by you does not amount to surrendering our rights to act with respect to any prior, concurrent, subsequent or similar breaches.
(97) If any judicial or quasi-judicial body in India declares any of the provisions of these Terms to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. Any such inappropriate term or condition will be replaced with another term or condition that is valid and enforceable and is in most nearly with effect to the original invalid term.
(98) Wishgames11 disclaims any and all warranties, expressed or implied, in connection with the underlying software of the Platforms, the Website and the League(s), all of which are provided to the User "as is". Your access and use of the Platforms is at your sole risk. The Company explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, completeness, availability, security, compatibility and fitness for a particular purpose.
(99) Without limiting the foregoing, Wishgames11 does not represent or warrant:
(100) No person affiliated, or claiming affiliation with the Platform has authority to extend such warranties.
(101) Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors in the content or the Platforms, network failures, internet failures, software and hardware failures, viruses and other system attacks, labor stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.
(102) To the maximum extent permitted by applicable law, you hereby agree that you shall have no remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
(103) The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behavior, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof. For the avoidance of doubt, nothing in these Terms shall limit or exclude liability for (i) death or personal injury caused by negligence; or (ii) fraud.
(104) To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Platforms, or any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or it shall be forever barred.
(105) You agree and acknowledge that Wishgames11 does not promise or ensure that you will be able to access your Account whenever you want. It is entirely possible that you may not be able to access your Account or the Platforms provided by Wishgames11 at times or for extended periods of time due to, but not limited to system maintenance and updates.
(106) You are aware that participation in the games of skill organized by us may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the League(s), you are voluntarily participating in the League(s) and assume all responsibility for it and risk resulting from your participation, including all risks of financial loss. Wishgames11 makes no guarantees, warranties, representations, or other promises relating to the League(s), and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the League(s).
(107) You agree to indemnify and hold Wishgames11, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the League(s). You acknowledge that you are solely responsible for any action that arises from your participation with the League(s), regardless of occurring before, during or after the period of the League(s).
(108) You will be solely responsible for any delay and/or damage to your computer systems or loss of data that results from installation of any software on your computer and we expressly disclaim liability for any such failure delay or failure.
(109) You agree to assume the entire risk as to the results and performance of any software and/or League(s) availed by you on the Platform. As such, result and performance among other things depends on your Internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of your hardware when you access, download or execute software or League(s) available on the Platform. We explicitly disclaim liability for any delay or failure to perform resulting from installation of any software on your computer.
(110) You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your Account on our Platforms; (iii) any loss incurred in transmitting information from you to our Platforms by the Internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications' lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Platforms; (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the Platforms.
(111) Wishgames11 reserves the right to change, modify or delete the Platforms, information, and Terms listed on the Platforms at any time without prior notice.
(112) You clearly understand and agree that Wishgames11 shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if Wishgames11 has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the Platforms, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable.
(113) You agree to indemnify us and each of our respective general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, vendors and business partners harmless from and against any and all claims, liabilities, obligations, losses, costs or debt, damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) breach of these Terms, in tort (including negligence), (ii) your use of the Platforms, including, but not limited to use of any content; (iii) your breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of your Account by any person, including a third party, whether or authorized or permitted by you; (v) your content; (vi) use by any other person accessing the Platforms using your username or password, whether or not with your authorization, (vii) the use by us of information provided by you through our Platforms. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and your use of the Platforms.
(114) There could be instances where Wishgames11 is not able to receive prompt updates about the change in applicable laws of your place of stay. Please ensure that any activities you engage on the Platforms are legal as per the applicable laws. You agree to indemnify and hold harmless, Wishgames11 or its Platforms, from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.
(115) We may change, suspend or discontinue any aspect of the Platforms at any time, including the availability of any Website’s feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or the Platforms, without notice or liability at any time in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose. However, under normal circumstances, we will only do so where there has been conduct that we believe violates these Terms or other rules and regulations or guidelines posted on the Platforms or conduct which we believe is harmful to other Users, to our businesses, or to other information providers.
(116) Upon any termination of this agreement, you shall immediately discontinue your use and access of the Platforms and destroy all materials obtained from it. You hereby agree and consent to the above and agree and acknowledge that we can, at our sole discretion, exercise our right in relation to any or all of the above, and that we shall not be liable in any manner of the same; and you agree, acknowledge and consent to the same.
(117) You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law and jurisdiction, confidentiality shall survive the efflux of time and the termination of these Terms.
(118) You can directly escalate to our management team by contacting [email protected]
(119) Subject to the clauses below, the courts of competent jurisdiction at Bangalore shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Website provided by Wishgames11 (including the League(s)), the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Users), 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.
(120) 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.
(121) The place of arbitration shall be Bangalore, 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 parties shall mutually appoint a sole arbitrator.
(122) 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.
(123) 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.
(124) Nothing contained in these Terms shall prevent Wishgames11 from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard its 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 courts of competent jurisdiction at Bangalore to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Wishgames11 to pursue any remedy for monetary damages through the arbitration described herein.