1. These Terms & Conditions (“Terms”) pertain to (i) use of our website www.Super4.in (“Website”), our applications (“Application”) or any products or services in connection with the Application/, Website/products (“Services”) or (ii) any modes of registrations or usage of productsincluding through SD cards, tablets or other storage/transmitting device (Website, Application, Services collectively known as the ‘Super4 Platform’ hereinafter) are between Techjeux Private Limited (“Company/We/Us/Our”) and its users (“User/You/Your”).2. Contract
2.1.These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
2.3.The Super4 Platform has formulated ‘Guidelines’ for game play features and rules through quick access tabs/pages across the Platform; these are linked in these Terms and are deemed to be part and parcel of the present Terms and vice-versa. The provisions of the Terms & Conditions shall apply mutatis mutandis to the Guidelines. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.3. Acceptance of Contract
3.1.Your use/access/browsing of the Super4 Platform (with or without payment/with or without registration/subscription) through any means shall signify your acceptance of the Terms and your agreement to be legally bound by the same.
4.1. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Super4 Platform. Persons who are minors, un-discharged insolvents etc. are not eligible to use the Super4 Platforms.
4.2. At present the Super4 Platform is available only those currently residing in India.Persons located in the States of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana (“Concerned States”) are not eligible to use the Super4 platform as the same is restrained or prohibited by the locals applicable in the said States.
4.3. User discretion is advised; any wrongful declaration; liability thereto or penalty, for violation of the applicable laws is solely of the user.
4.4. A User shall not register or operate more than one User profile on the Super4 Platform based on the information provided.
4.5. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification.
4.6. You shall be solely responsible to ensure you upload true and valid User login/register using your own updated credentials. You warrant that all the data provided by You is accurate and complete and acknowledge that if any Information to be fraudulent, impersonating another person or User or fake; the Company will enforce it’s right to terminate your profile account for such default
4.7. The Super4 Platform shall bear no responsibility or liability for any false information provided to it by Users.
4.8. The Super4 Platform will not differentiate between who is using the device to access the Application, Website or Services or products, so long as the log in/access credentials match with the User’s self-declared inputs.5. Game of Skill & Responsible Gaming
5.1. The Super4 Platform is strives to ensure responsible gaming in its game of skills offerings across the Platform. However, it recognises that such games may be addictive and
5.2. The Public Gambling Act, 1867 (“PGA”) provides an exception for games which involve element of skill and such games are considered to be legal. Fantasy Sports play have been globally recognised as ‘Games of Skill’ wherein the players have to make their own calculated strategies to pick the players for their teams based on several factors including evaluation of historical data of the players, the viability of the teams, the current conditions of the players etc.
5.3. There have been various judicial pronouncements with respect to the legality of fantasy sports leagues in India as the same are considered ‘Game of Skill’ and are currently permissible in India (in most States). For instance: (i) Rummy was recognised as a game of skill [AIR 1968 SC 825] (ii) Fantasy Cricket was recognised as a game of skill by the Punjab and Haryana High Court in 2017 and the Rajasthan High Court in 2020 and affirmed by the Supreme Court in Avinash Mehrotra vs. State of Rajasthan &Ors on 30.07.21. (iii) State of Kerela has permitted online Rummy as the same is considered a game of skill.
5.4. As on date, the Specific Laws in Jurisdictions of States of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana do not permit ‘Games of Skill’ in their territorial jurisdictions including fantasy sports.
5.5. The evolving legal position of the respective Concerned State regarding Games of Skill is under consideration by the Courts of India and the eligibility of users from the Concerned States is subject to final outcome of these legal challenges.6. Registration
6.1. In order to access the Services and to avail the use of the Application/products, You shall be required to register yourself with the Application/Services/products, and maintain an account with the Application/Services/products.
6.2. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, grade/class of the student, school name, payment information (credit/debit card details) if required, and any other information deemed necessary by the Application. With respect to the provision of information, the following may be noted:-
6.3. It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.
6.4. Each User based on information provided will be allotted one User Account/Profile.
6.5. Upon registration through any means whatsoever, the Company may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services.7. User Responsibilities
7.1. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (i) ensure that You successfully log out from Your account at the end of each session; and (ii) immediately notify the Company of any unauthorized use of Your account.
7.2. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
7.3. In case a User has any winnings on the Super4 Platform, they are advised to submit their PAN Number within 7 days from the date of any winning for tax compliances.
7.4. You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application at all times.
7.5.In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.
7.6. Your use of the Super4 Platform is solely for Your personal and non-commercial use.
7.7. You are prohibited from using any unfair means to manipulate/influence the Super4 Platform that may constitute as violation of any Guidelines and these Terms.
7.8. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited.
7.9. Users consent to receiving communications such as announcements, administrative messages and advertisements from Super4 Platform or any of its partners, licensor's or associates.
7.10. No User shall be permitted to perform any of the following prohibited activities while availing using the Super4 Platform:
8.1. The Super4 Platform is committed to providing easy and seamless fantasy game play to its Users and therefore has placed Guidelines for Game Plays in prominent, quick access spaces across the Super4 Platform.
8.2. These are updated from time to time to improve the Super4 Platform for its User. The Users are advised to check the Guideline links/tabs for latest versions.
8.3. These Guidelines as stated under Contracts clause; form essential part of the Terms:
|GUIDELINE||PURPOSE||LINK on Super4 Platform|
|i) Refund Policy||The Refund Policy for Users for all payments made under the Super4 Platform||https://super4.in/privacy-policy.php|
|ii) How to Play Cricket||Game Play for fantasy cricket including (i) conditions for team selection
(ii) Points scored for team selection
|iii)How to Play Create Scoreboard||Source for daily team updates, news about players & probable playing eleven which will help you to create your team.||https://super4.in/how-to-create-scoreboard.php|
|vi) How to Play Quizee||Game Play format for time-boundquizing including (i) general rules of play
(ii) Points scoring system
9.1. The Super4 Platform has paid Contests in which the Users may participate by paying a pre-designated amount as provided on the relevant Contest page. This ‘pre-designated amount’ shall be inclusive of the following:-
9.1.1. Pre-determined Platform Fee towards providing the services of operating the Fantasy Sports platform;
9.1.2. The User’s pre-determined contribution towards the prize pool.
9.2. The Users with the highest aggregate points at the end of the contest shall be eligible to win a pre-designated prize which is disbursed out of prize pool, as stated on the relevant Contest(s) page.
9.3. At present, the Super4 Platform offers the following contests formats for its Users (1) Open Contest where Users can participate in a Contest with other Users without any restriction on participation and (2) Invite-Only contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. A user can enter into a maximum of 500 contest (including both Open contests and Invite-Only contests) per match. Any participation in a contest more than 500 shall be automatically prohibited. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s). Users by participating in a Contest(s) hereby authorize Super4 Platform to appoint a third party/ Trustee/Escrow Agent to manage users funds on users behalf.
9.4. Unless otherwisespecified in relation to any Contest ("“Multiple Entry Contest"”), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest
9.5. Only those Participants who have successfully registered on the Super4 Platform as well as registered prior to each contest in accordance with these Terms shall be eligible to participate in the Contest and win pre-designated prizes.
9.6. While configuring each team, a User can make as many changes as they like. But only until the start of the match. ‘Start of the match’ for purposes of the Super4 Platform is not synchronised with the conventional realworld sport startings.Depending upon the circumstances of each match, the participants can edit their teams till the official match start time as declared by the officials of the Sport Event or adjusted deadline. Super 4 Platform reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond its reasonable control, including but not limited to the following:
9.6.1. Actual match start time is before the official deadline:
22.214.171.124. In case of Cricket, the Super4 Platform reserves the right to adjust the deadline by a Maximum of 10 minutes or 3 overs bowled, whichever is less, before the official match start time. Where official match time cannot be verified by Super4 Platform through reliable and/or publicly available sources, it reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
126.96.36.199. In case of other sports, Super 4 Platform eserves the right to adjust the deadline to a maximum of 10 minutes post actual match start time. In case the actual match start time is more than 10 minutes of official deadline, the contest will be abandoned.
9.6.2. Actual match start time is after the official deadline: The Super4 Platform reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weather, non-appearance of teams, technical/equipment glitches causing delays etc.
9.7 The Super4 Platform for ease and reference of its users lists available players and provides rankings for the same as per its own algorithms; these are no way dependent, related or interlinked with any rankings released by sporting federations such as ICC.10. Winners& Prize Distribution
10.1. To win a contest, a User has to earn the highest points by using his knowledge & skills to enter the runs after every Overs Duration as follows:
|Overs Duration||Scoreboard Starts From|
10.2. At the end of each Overs Duration, the closer a Scoreboard is to the actual score, the smaller the difference and the more points you will earn.To know how the app calculates scores based on each ball and movement, check out our Fantasy Points System. You can view it by clicking on the Home tab -> Select the top left button with your name and picture, and choose “Fantasy Points System” from the menu that pops up.
10.3. At the end of the contest, the player with the highest points will be declared the winner. A user can make multiple Scoreboards for each match.
10.4. Prior to the commencement 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. Winners are decided on the basis of the scores of the Teams in a designated contest. The Users owning the Team with the highest score in a particular Contest shall be declared the Winner. In certain pre-defined Contests, there may be more than one Winner and prizes shall be distributed to such Winners in increasing order of their Team's score at the end of the Contest.
10.5. For the sake of fair play, the Employees, Directors, affiliates, partners, licensors of Super4 Platform along with their immediate relatives and family members will not be eligible to participate in any Contest(s)/ Pools.
10.6. In the event of a tie, the winning Participants shall be declared Winners and the prize shall be equally divided among such Participants.
10.7. Super4 Platform shall not be liable to pay any prize if it is discovered that the Users have not abided by these Terms and Conditions.
10.8. Subject to payment terms, Winnings will only be disbursed to the User after they have complied with the necessary disclosures including verification of bank account.
10.9. Winners shall be contacted through 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.
10.10. The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
10.11. 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.11. Scope Of Usage
11.1. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly.
11.2. In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application
11.3. We reserve the right to
12.1. In respect of any transactions entered into on the Super4 Platform, including making a payment to participate in the paid versions of Pools(s), Users agree to be bound by the following payment terms:
12.2. All Users are provided with two categories of accounts for the processing and reconciliation of payments: (i) DepositAccount, (ii) EarningsAccount. It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:
12.3. Each time a User participates in any Super 4 contest, the pre-designated amount shall be debited in the Deposit account. In disbursing cum deducting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the Deposit Account and thereafter, any remaining amount of participation fee shall be debited from the Earnings Account.
12.4. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s DepositAccount and will be available for use in participation in any match(s) or Contest(s).
12.5. All Users shall be required to remit the required amount to Super4 Platform through the designated payment gateway. The payment made shall be credited to the User’s Deposit accounts and each time a User enters a Contest, the applicable amount towards shall be debited from the User’s Deposit account. In debiting amounts from the User’s accounts towards the participation fee of such user in any round or Pools(s), Super4 Platform shall first debit the User’s Deposit Account.In case there is any amount remaining to be paid by the User in relation to such User’s participation in any round(s) or Pools(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of participation fee, the amount in excess shall be transferred to the User’s Deposit account and will be available for use in participation in any round(s) or Pools(s) or for withdrawal in accordance with these Terms and Conditions. Debits from theAccount to enable a user’s participation in a Pool shall be made in order of the date of credit of amounts in the Account, and accordingly amounts credited into Account earlier in time shall be debited first.
12.6. All amounts credited into a User's Deposit & Earnings Account must be utilised within 335 days of credit. In case any unutilised amount lies in the Account after the completion of 335 days from the date of credit of such amount, Super4 Platform reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
12.7. Withdrawal of any amount standing to the User's credit in the Earning Account may be made by way of a request to Super 4 which shall effect an online transfer to the User's bank account on record within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Earning Account. Super 4 may not charge any processing fee for the online transfer of such amount from the Earnings Account to the User's bank account on record with Super 4.
12.8.Users are required to note that they will be required to provide valid photo identification and address proof documents for proof of identity in order for Super 4 to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration, as well as the name and address existing in the records of the User's bank account as provided. In the event a User has one or more of the following lapses(i) that no bank account has been registered by the User against such User's account (ii) the User has not verified his/her User account to the satisfaction of Super 4 and in accordance with these Terms and Conditions (iii) the User fails to register a bank account with his/her User Account (iv) verify his/her User Account;Super 4 shall not be liable to transfer anywinnings to the User due to lack of tax compliance by the User.
12.9. Super4 Platform.com may charge any processing fee for the online transfer of such amount from the Account to the User’s bank account on record with Super4 Platform. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for Super4 Platform to process the withdrawal request. The name mentioned on the User’s photo identification document should correspond with the name provided by the User at the time of registration on Super4 Platform, as well as the name and address existing in the records of the User’s bank account as provided to Super4 Platform. If no bank account has been registered by the User against such User’s account with Super4 Platform, or the User has not verified his/her User account with Super4 Platform or, to Super4 Platform’s satisfaction and in accordance with these Terms and Conditions, Super4 Platform shall provide such User with a notification to the User’s email address as on record with Super4 Platform at least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, Super4 Platform shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide Super4 Platform with a valid bank account or valid identification documents (to Super4 Platform’s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
12.10. Users agree that once they confirm a transaction on Super4 Platform, they shall be bound by and make payment for that transaction.
12.11. The User acknowledges that transactions on Super4 Platform may take up to 24 hours to be processed. Users agree not to raise any complaint or claim against Super4 Platform in respect of any delay, including any lost opportunity to join any Pools or round due to delay in crediting of transaction amount into any of the User’s accounts.
12.12. In any case of failure of the withdrawal amount transaction done using instant bank transfer mode from Super4 Platform, due to users' bank or the source bank, in that case, the user's amount will be added back to users Super4 Platform wallet within 24 to 48hrs
12.13. Playing Bonus:
13.1. All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. The TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- i.e. 30%. TDS of 30% shall be deducted on Net Winnings (prize money amount- contest entry amount). In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Super4 in accordance with the then current prescribed TDS rate.
13.2. Winners will be provided TDS certificates electronically on the registered email associated with the User Account; in respect of such tax deductions unless otherwise specified by the user through written request through registered email to provide hard copy of TDS certificate.
13.3. Wherever the user has not submitted his PAN within 7 days from the date of winning, super4 are not liable to issue TDS certificate to the user for the amount of TDS deducted out of winnings.
13.4. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the prize money.14. Refund& Cancellation Policy
14.1. All transactions made by User on the Super4 Platform including deposits and withdrawals are final and no cancellations will be permissible.
14.2. The Super4 Platform reserves the right to cancel any pool(s)/ match(es) for any reason, with or without disclosure of the reason, and refund all transactions paid for such pools/matches by any and all users within 3 business days by the original mode of payment used by the User for such transaction.
14.3. The Super4 Platform strives for customer satisfaction and in furtherance of the Terms & Conditions Policy the following exceptional circumstances allow for refunds:
a. Only force majeure or
b.Payment Gateway failure
14.4. For any Payment Gateway failure; the User must submit a request for review within 3 days of such transaction along with relevant proof to firstname.lastname@example.org. The request shall be reviewed and resolution (if applicable) will be provided to the User within 2 weeks of raising the request.15. Refer and Earn Policy
15.1. The Refer and Earn Policy of the Super4 platform allows its Users to invite their friends to join the Super4 platform. On an ‘Existing User’ inviting their friend to join the Super4 platform using their unique referral code/link, the Existing User as well as their invited friend shall stand a chance to earn a ‘Signup Bonus’ as provided hereinunder
15.2. In order to obtain the benefit of the Refer and Earn Policy, a User is required to comply with the following conditions:-
15.2.1. A user must be an ‘Existing User’ on the Super4 Platform. For the purposes of these Terms, an 'Existing User' shall mean a user who presently operates an account with the Super4 Platform or operated an account with the Platform at any point of time. An Existing User shall not be permitted to create a new Account to take the benefit of the Refer and Earn Policy. Super4 will determine in its sole discretion whether an Invitee is an existing user of Super4 or not and take appropriate action.
15.2.2. The said Existing User must be eligible to participate in the contests hosted on the Super4 Platform.
15.2.3. The User has not made multiple accounts on the Super4 Platform
15.3. The Existing User at the time of registering on the Super4 Mobile Application will be provided with a unique referral link or code, which can be used by the Inviting User to invite their friends to the Super4 Platform. On receiving the link or code from the Inviting User, the Invitee may either click on the link, consequent to which such Invitee will be directed to a registration page and will be provided the option to download the Super4 Mobile Application on their mobile device and register their account on the platform; or download and install the Super4 Mobile Application on their device independently and register an account on the Super4 Platform using the unique referral code shared by the Inviting User.
15.4. On the Invitee successfully downloading and registering on the Super4 Mobile Application, the Inviting User shall be entitled to earn a ‘Signup Bonus’ equivalent to Rs.1,000/- and the Invitee User shall be entitled to earn a ‘Signup Bonus’ equivalent to Rs. 1,100/- subject to the Invitee User having verified his account and payment details on the Super4 Mobile Application.
15.5. The ‘Signup Bonus’ shall be credited to Earning Account of the Users and can be used only join contests on the Super4 Platform. No part of the Signup Bonus may be used to join private contests or be withdrawn or transferred to any other cash balance account held by the Users with Super4 or to any third party account or to any bank/payment instrument account. The Signup Bonus shall expire and be without effect at the end of 14 days from the date of credit of the Signup Bonus.
15.6. Super4 may substitute or change the Bonus Amount offered under this Policy at any time without notice.
15.7. This Policy cannot be clubbed with any other contests/promotions/programs that are running simultaneously and organised or conducted by Super4.
15.8. Super4 reserves the right to change/modify/or withdraw the Policy and/or change these terms and conditions without any prior notice of the same at its sole discretion.16. Intellectual Property Rights
16.1. Acknowledgement & Recognition of IPR and other Rights:
16.2. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained on the Super4 Platform are proprietary property of the Company (“Proprietary Information”).
16.3. No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on the Super4 Platform shall be or deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User.
16.4. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium.
16.5. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party.
16.6. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.17. Third Party Sites, Services and Products
17.1. Super4 Platform contains content that is created by Super4 Platform as well as content provided by third parties. Super4 Platform does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not rely upon by the Users in utilizing the Super4 Platform Services provided on Super4 Platform including while participating in any of the Pools hosted on Super4 Platform.
17.2. Super 4 Platform for indicative and information purposes displays the starting line-up of real world players to assist a User in in selecting his/her chosen fantasy team. While indicating a Player's inclusion in starting line-up is given by Super 4 Platform on the basis of information/data received through feed providers, publicly available information, Users are advised to do a thorough research of their own from official sources and/or other available sources of information. Super 4 Platform shall not take any liability, if a player earlier indicated as 'Playing' does not play or start for any reason whatsoever.
17.3. Super4 Platform does not exercise control over any Internet sites apart from its own and cannot be held responsible for any content residing in any third-party Internet site. Super4 Platform inclusion of third-party content or links to third-party Internet sites is not an endorsement by Super4 Platform of such third-party Internet site.
17.4. 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 before to transacting or availing of the services of such third party. User agrees that Super4 Platform 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.
17.5. The Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.18. Limitation of Liability& User Release
18.1. Users shall access the Super4 Platform Services provided on the Super4 Platform voluntarily and at their own risk. Super4 Platform shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during access to the Super4 Platform Services (including participation in the Pools(s)) or as a result of acceptance of any prize.
18.2. By entering the Super4 Platform and accessing the Super4 Platform Services provided therein, Users hereby release from and agree to indemnify Super4 Platform and/ or any of its directors, employees, partners, associates and licensor's, from and against all liability, cost, loss or expense arising out their access to the Super4 Platform Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
18.3. Super4 Platform accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
18.4. Users shall be solely responsible for any consequences which may arise due to their access of Super4 Platform Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Super4 Platform Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Super4 Platform and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Super4 Platform on account of such act on the part of the Users.
18.5. Users shall indemnify, defend, and hold Super4 Platform harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Super4 Platform or participation in any Pools. In no event shall Super4 Platform be liable to any User for acts or omissions arising out of or related to User’s engagement with the Super4 Platform or his/her participation in any Pool(s).
18.6. In consideration of Super4 Platform allowing Users to access the Super4 Platform Services hosted on the Super4 Platform, to the maximum extent permitted by law, the Users waive and release every right or claim, all actions, causes of actions (present or future) each of them has or may have against Super4 Platform, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Super4 Platform Services or related to the Pools or the prizes of the Pools.
18.7. The Company's products and / or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware . The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company's products and Services. The company reserves the right to upgrade the table/ type of compatible devices as required from time to time.
18.8. The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and Services.
18.9. You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
18.10. In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.19. Publicity
19.1. Acceptance of a prize by the Winner constitutes permission forSuper4 Platform, and its affiliates to use the Winner's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired bySuper4 Platform without any charge. The exact dates remain the sole discretion ofSuper4 Platform. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
19.2. The Company endeavours to uphold the ethical standards set forth by the I&B Ministry of India with regard to advertising.20. Violation/ Breach of Terms:
20.1. In the event any User breaches, or the Company reasonably believes that such User has breached these Terms, or has illegally or improperly used Super4 Platform may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of Super4 Platform Services, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on Super4 Platform and further, take technical and legal steps as it deems necessary.
20.2. If Super4 Platform charges its user a fees in respect to any Super4 Platform services, Super4 Platform shall without any delay repay such fees in the event of suspension or removal or the user account or Super4 Platform t services on account of any negligence or deficiency on the part of Super4 Platform but not if such suspension or removal is affected due to:
20.3. Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
20.4. The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
20.5. In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company's right to obtain such relief shall not limit its right to obtain other remedies.21. Dispute Resolution & Applicable Law
21.1. The Terms for the Super4 Platform shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
21.3. The dispute shall be referred to a Sole Arbitrator to be mutually appointed by the Company and the Suer. The Arbitration shall be conducted in terms of the Rules of the Delhi International Arbitration Centre. The seat and venue of the Arbitration will be Delhi.
21.4. 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.
21.5. The arbitration award will be final and binding on the Parties, and each Party will bear its costs of arbitration and equally share the fees of the arbitrator unless the arbitrary 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.
21.6. Nothing contained in these Terms and Conditions shall prevent the Company from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard the Super4 Platform’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 the Company to pursue any remedy for monetary damages through the arbitration described herein.22. Disclaimers
22.1. Super4 Platform and the Company have no association, affiliation or claims in any manner or capacity to be linked with the following directly or indirectly:
22.2. To the extent permitted under law, neither Super4 Platform nor its directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
22.3. To the extent permitted under law, Super4 Platform shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Super4 Platform Services or sites, cancellation of competition and prizes. Super4 Platform disclaims any responsibility for, and if a User pays for access to one of Super4 Platform Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Super4 Platform’s maintenance on the servers or the technology that underlies our sites, failures of Super4 Platform Services providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Super4 Platform does not provide any warranty as to the content on the Super4 Platform(s). Super4 Platform(s) content is distributed on an “as is, as available” basis.
22.4. Any material accessed, downloaded or otherwise obtained through Super4 Platform is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any Potential damage to User’s computer system or loss of data that results from a User’s download of any such material.
22.5. Super4 Platform shall make best endeavours to ensure that the Super4 Platform(s) is error-free and secure, however, neither Super4 Platform nor any of its partners, licensor's or associates makes any warranty that :
22.5.1. The Super4 Platform(s) will meet Users' requirements,
22.5.2. Super4 Platform(s) will be uninterrupted, timely, secure, or error free
22.5.3. The results that may be obtained from the use of Super4 Platform(s) will be accurate or reliable; and
22.5.4. The quality of any products, Super4 Platform Services, information, or other material that Users purchase or obtain through Super4 Platform.com(s) will meet Users' expectations.
22.6. In case Super4 Platform discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Super4 Platform reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Super4 Platform agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
22.7. To the extent permitted under law, neither Super4 Platform nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
22.8. Any Super4 Platform Services, events or Pool(s) being hosted or provided, or intended to be hosted or provided by Super4 Platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated without any prior notice, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Super4 Platform Services, events or Pool(s) are hosted or provided.
22.9. To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.23. General Provisions
23.1. 23.1. Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to email@example.com
23.2. Interpretation: The Super4 Platform reserves the right to determine, clarify the intent behind the terms and their inter-se hierarchy.
23.4. Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company's rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
23.5. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, 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 shall continue in full force and effect.
23.6. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
23.7. Force Majeur: Super4 Platform shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Super4 Platform’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials or any cancellation of any cricket match to which a Pools relates. In such circumstances, Super4 Platform shall also be entitled to cancel any related Pools(s) and to process an appropriate refund for all Participants at its discretion.
23.8. Relationship: You acknowledge that Your participation on the Super4 Platform, does not make confer any rights beyond that of a User including but not limited to You being considered as an employee or agency or partnership or joint venture or franchise of the Company.
23.9. The Company provides these Terms so that You are aware of the terms that apply to your use of the Super4 Platform. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.24.Feedback:
24.1. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard. While the Company has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel.
24.2. Any feedback You provide with respect to the Super4 Platform shall be deemed to be non-confidential. The Super4 Platform shall be free to use such information on an unrestricted basis.
24.3. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Super4 Platform may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.25. Customer Care
The Super4 Platform is committed to making fantasy sports easy and effortless for its Users. We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us a firstname.lastname@example.org. Changes to These Terms and Conditions
26.1. As the laws and Super4 Platform evolves, the Terms may need to evolve as well Users are advised to review this Policy regularly for any changes, as continued use is deemed approval of all changes. The Super4 Platform reserves the right, at its sole discretion, to modify or replace these Terms and all allied, ancillary, interlinked policies and guidelineswhenever required. The upload of the revised Terms on the Super4 Platform itself denotes communication and disclosure of the same.
26.2. Additionally, the Super4 Platform may, at its sole discretion may send a notification of the updated Terms to user through their User Account on the platform or their registered email address associated with the User account.
26.3. In case a User does not agree to the new terms, in whole or in part, the User may contact the Super4 Platform at email@example.com for the same else the User may choose to cease usage of Super4 Platform immediately. By continuing to access or use the Services offered by the Super4 Platform, after those revisions become effective, the user agrees to be bound by the revised terms.