Terms of Use of CricPlay Mobile Application and Website – www.cricplay.com

This Terms of Use is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000. This agreement does not require any physical, electronic or digital signature (“Terms of Use”).

This Terms of Use is a legally binding document between you, the user (“You” or “User”) and Times Internet Limited (“TIL”), having its registered office at 10, Darya Ganj, New Delhi-110002 and its corporate office at Plot No 391, Udyog Vihar Phase 3, Gurgaon – 122016.

These Terms of Use will govern the relationship between you and TIL, with respect to your access and use of the CricPlay mobile application (“Mobile Application”) including gaming services (“CricPlay Services”), Your participation in the contests, promotions and games conducted by TIL on the Mobile Application (“Contest”) and the website – www.cricplay.com (“Website”). If any terms of this agreement conflict with any other document/electronic record, the terms and conditions of this agreement shall prevail, until further change / modifications are notified by TIL.

Mobile Application and Website are collectively referred to as the “App”. Any reference to App shall also mean reference to the CricPlay Services and the Contest.

These Terms of Use have to be read in conjunction with the Privacy Policy of the App (“Privacy Policy”) and CricPlay Rules.

IMPORTANT NOTICE:

 

TIL RESERVES THE RIGHT TO WITHDRAW OR DISCONTINUE AND/OR TERMINATE THE APP/ CRICPLAY SERVICES/CONTEST AT ANY STAGE WITHOUT PRIOR NOTICE AND WITHOUT ANY LIABILITY WHATSOEVER TO YOU

1.        REGISTRATION AND ACCEPTANCE OF THE TERMS OF USE

  1. By downloading, installing, registering, and/or using the App in any manner, you agree to these Terms of Use. In order avail the features of the App, You must first download and install the App from the Google Play Store on Your mobile device. After downloading the App, You need to register yourself on the App by submitting a username, and Your mobile number. TIL may verify your mobile number through mobile OTP verification or any other method of its choosing. You shall not use as user name, a name which offensive, vulgar, obscene. Upon successful registration, a user account will be created for You which will be accessible through the App (“CricPlay Account”).        Once You have registered, you cannot change your username or mobile number associated with a CricPlay Account.

  1. TIL may permit You to register on the App by logging into Your third-party website user ID and password (such as Facebook or Google). In such an event, the terms and conditions of such third party website may also be applicable on You in addition to these Terms of Use.

  1. You must be eighteen (18) years or older to sign up, register, access and use the App. Any user who has been suspended or removed by TIL from downloading, registering or using the App for any reason whatsoever is prohibited from downloading, registering and using the App again. You shall not have more than one active registration on the App. You are prohibited from selling, trading, or otherwise transferring Your CricPlay Account to another person. In order to complete the registration process and to use the App, You may be asked to disclose certain personal information to TIL.

  1. You shall ensure that the information provided by You during the registration process is complete, accurate and up-to-date. All information submitted to the App becomes the property of TIL. Use of another user's/persons Information for registering and availing the services of the App is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TIL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TIL has the right to suspend or terminate Your CricPlay Account and refuse any and all current or future use of the App.

 

  1. You will be responsible for maintaining the confidentiality and security of Your CricPlay Account information. You are fully responsible for all activities that occur under Your CricPlay Account. You agree to (a) immediately notify TIL of any unauthorized use of Your CricPlay Account or any other breach of security, and (b) ensure that You exit from Your CricPlay Account at the end of each session. TIL cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by TIL or any other user of the App due to authorized or unauthorized use of CricPlay Account as a result of Your failure in keeping Your CricPlay Account Information secure and confidential.

  1. Subject to the Terms of Use, You may access, view and otherwise use the App (including, without limitation any services provided on or through the App) for your personal (non-commercial), lawful use only. You must not use the App and any services provided through it in a manner which is prohibited by Terms of Use or applicable law.

  1. TIL in its sole discretion may suspend or terminate and/or block You from accessing all or any part the App and/or any service provided therein if You breach or are suspected to be in breach of this Terms of Use or any applicable law or if You are found to be misusing the App or are engaged in illegal or fraudulent use of App in any manner.  Suspension or termination of Your CricPlay Account may result in loss or destruction of any information/data associated with such account.

  1. You expressly agree that TIL does not have any fiduciary duty or relation with You in any manner whatsoever.

2. Intellectual Property Rights

  1. The App, its selection and arrangement, including but not limited to all text, graphics, user interfaces, data, videos, comments, written posts, software, graphics, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the App is owned and controlled by TIL or its licensors. The design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

  1. TIL reserves the right to change or modify the Content from time to time at its sole discretion. The trademarks, logos and service marks displayed on the App including but not limited “CricPlay” ("TIL Marks") are the property of TIL or its group companies.  The App may also contain, display third party trademark(s), logo(s), content(s) (“Third Party Marks”) under a valid license or in accordance with applicable law. The intellectual rights to such Third Party Marks shall belong to their respective owners. You are not permitted to use TIL Marks or Third Party Marks. Unless otherwise indicated, TIL or its group companies owns all intellectual property rights to and into the trademark "CricPlay", and the App, including, without limitation, any and all rights, title and interest in and to copyright, trade mark, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

  1. Subject to this Terms of Use, TIL hereby grants You a limited, non-exclusive, non-sub licensable and non-transferable license, limited to the territory of India, to use the App and the Content solely for purposes of using the App and services provided therein. You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from TIL or thirty party owners of such Content.

  1. Third Party Sites, Services and Products

  1. App may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. TIL does not exercise control over any Internet sites apart from App and cannot be held responsible for any content residing in any third party Internet site. Inclusion of third-party content or links to third-party Internet sites in the App is not an endorsement by TIL of such third-party Internet site.

  1. Users' correspondence, transactions or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services of such third party. User agrees that TIL will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

  1. App contains content that is created by TIL and may content provided by third parties. TIL does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing, using  CricPlay Services and while participating in any of the Contest hosted on App.

  1. Indemnity

  1. You agree to indemnify, defend and hold harmless TIL, its holding company, subsidiary companies , associate companies, group companies, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of this Terms of Use; or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the App or participation in the CricPlay Services and/or Contest which is made available through the App or winning/claiming of the prize; (iii) Your violation of any rights of another, including any intellectual property rights; (iv) Your violation of any applicable laws.

  1. Notwithstanding anything to contrary in this Terms of Use, in no event shall TIL, its holding company, subsidiaries or associate or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You or anyone claiming through You in respect of any subject matter of this Terms of Use or CricPlay Services or Contest under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not TIL has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access of the App/Content. TIL's entire and aggregate liability to You under and in relation to these Terms and Conditions or otherwise shall not exceed the amount of INR 1000.

  1. General

  1. TIL reserves the right to change or modify this Terms of Use from time to time at its sole discretion and without any prior intimation to You. You are requested to carefully read these Terms of Use from time to time before using the App. It shall be Your responsibility to check these Terms of Use periodically for changes. TIL may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the App. If no such separate consent is sought, Your continued use of the App, following such changes, will constitute Your acceptance of those changes.

  1. You agree that TIL may, in its sole discretion and without prior notice, terminate Your CricPlay Account, and block Your future access to the App, if TIL determines that You have violated these Terms of Use. You also agree that any violation by You of these Terms of Use) will cause irreparable harm to TIL, for which monetary damages may be inadequate, and You consent to TIL obtaining any injunctive or equitable relief that TIL deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TIL may have at law or in equity.

  1. You may be required to provide certain personal information and TIL may collect certain personal information in relation with Your use of the App. Your provision of, and TIL collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Privacy Policy.

  1. You agree not to access (or attempt to access) the App or any of the services provided by the App by any means other than through the interfaces that are provided by TIL. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or in any way reproduce or circumvent the navigational structure or presentation of the App, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.

  1. TIL may allow You to publish, upload, transmit, submit, share any information or content created by You using the App which may include, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the App (collectively referred to as “User Content”). You hereby grant TIL and its holding, subsidiaries, group and associate companies, a worldwide, non-exclusive, perpetual, royalty-free, sub licensable and transferable license use, edit, modify, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit any User Content, which You submit through the App for any purpose whatsoever. You represent and warrant that the User Content submitted by You on the App shall not be in breach of this Terms of Use and/or applicable law. You shall be the originator of the User Content and shall remain responsible for the User Content at all times.

  1. You shall not (and shall not permit any third party to) on or through the App, either (i) take any action or (b) host, display, upload, modify, publish, transmit, update or share any information, including without limitation any User Content which:

  1. You agree that You are solely responsible to TIL and to any third party for any breach of Your obligations under these Terms of Use or other agreements and for the consequences (including any loss or damage which TIL or its group companies or its affiliates may suffer) for any such breach.

  1. You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use the offering/benefits provided through App. You may incur access or data fees from third parties in connection with your access and/or use of App. You are responsible for all such fees. You may need to install updates that TIL or any third party introduce from time to time to use the App, including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions.

  1. All notices with respect to these Terms of Use from TIL will be served to You by email or by general push notification on the App or such other mode of communication as may be chosen by TIL in its sole discretion. Any notice provided to TIL pursuant to these Terms of Use should be sent to TIL Grievance Officer at Vishal Gangwar (help@cricplay.com).

  1. You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. TIL's rights and/or obligations under the Terms of Use are freely assignable or otherwise transferable by TIL to any third parties without the requirement of seeking Your prior consent.

  1. If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. TIL may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

  1. Any failure or delay by TIL to enforce or exercise any provision of this Terms of Use, or any related right, shall not constitute a waiver by TIL of that provision or right. The exercise of one or more of a TIL’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to TIL under these Terms of Use or in law or at equity. Any waiver by TIL shall only be made in writing and executed by a duly authorized officer of TIL.

  1. You and TIL are independent parties, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and TIL. You and TIL have entered this Terms of Use on principal to principal basis.

  1. If performance of any service or obligation under these Terms of Use are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, any failure, breach or crash of the App, any electronic miscommunications, utility or communication failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions, any technical malfunctions, interruption or delay or breach of the telephone network, mobile devices or networks, computer online system, computer equipment, software, program malfunctions or other failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of TIL or any third parties performing such services as sub-contractor to TIL (each, a "Force Majeure Event"), then TIL shall be excused from such performance. In such an event TIL and its group companies shall not be liable for any loss, damage caused to You or any third party due to such non-performance by TIL.

  1. Disclaimers

  1. THE APP, CONTENT AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY TIL IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TIL MAKES NO WARRANTY THAT (I) THE APP/CONTENT WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE CONTEST/APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THE APP WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP/CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE APP/CONTENT WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE APP/CONTENT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIL OR THROUGH THE CONTENT/APP OR FROM USE OF THE APP/CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIL AND ITS GROUP COMPANIES WILL HAVE NO LIABILITY RELATED TO THE APP /CONTENT /USER CONTENT AND / OR THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. TIL ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF CONTEST/APP /ANY CONTENT AND / OR THIRD-PARTY CONTENT.

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIL SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (1) FAILED, RETURNED OR MISDIRECTED NOTIFICATIONS BASED ON INACCURATE INFORMATION PROVIDED BY YOU THROUGH THE APP; (2) ENTRIES AND/OR RESPONSES MADE BY YOU USING THE APP  OR  FOR ANY LOSS OR DAMAGE TO YOU DUE TO ANY COMPUTER OR TECHNICAL ERROR OF ANY KIND; (3) ANY ELECTRONIC MISCOMMUNICATIONS, UTILITY OR COMMUNICATION FAILURES, TECHNICAL HARDWARE OR APP CRASH OR SOFTWARE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR FAILED INCOMPLETE, GARBLED OR DELAYED COMPUTER OR MOBILE OR TELECOMMUNICATION TRANSMISSIONS WHICH MAY LIMIT AN YOUR ABILITY TO USE THE APP AND/OR TO PARTICIPATE IN THE CONTEST MADE AVAILABLE THROUGH THE APP; (4) ANY TECHNICAL MALFUNCTIONS OF ANY MOBILE DEVICE, COMPUTER SYSTEMS OR NETWORK, TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER EQUIPMENT, SOFTWARE, PROGRAM MALFUNCTIONS OR OTHER FAILURES, DELAYED COMPUTER TRANSACTIONS OR NETWORK CONNECTIONS THAT ARE HUMAN, MECHANICAL OR TECHNICAL IN NATURE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANT'S OR ANY OTHER PERSON'S COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM DOWNLOADING THE APP OR OTHERWISE IN CONNECTION WITH THIS CONTEST.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TIL WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF CONTENT/APP, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. TIL DOES NOT WARRANT THAT ANY INFORMATION ON CONTEST/APP IS CORRECT. TIL NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. TIL SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE CONTENT/APP OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE CONTEST/APP, OR OTHERWISE ARISING OUT OF THE USE OF THE CONTENT/APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, TIL SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE CONTEST/APP FOR ANY REASON WHATSOEVER AND AT ANY TIME INCLUDING THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND TIL 'S CONTROL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA SUBMITTED OR OTHERWISE PROVIDED THROUGH THE CONTEST/APP IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR THE SAME. TIL ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES

  1. Governing Law and Dispute Resolution

  1. This Terms of Use shall be governed by, subject to and construed in accordance with the laws of India.

  1. All or any disputes arising out of or touching upon or in relation to this Terms of Use including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled amicably by mutual discussion failing which the same shall be settled through arbitration. The arbitration shall be governed by the Arbitration & Conciliation Act, 1996 (India) or any statutory amendments/modifications thereto for the time being in force. The arbitration proceedings shall be held at New Delhi by a Sole Arbitrator who shall be appointed by TIL and whose decision shall be final and binding upon the Parties. Subject to the arbitration clause, the courts at Delhi alone shall have the jurisdiction.