Terms & Conditions
Welcome to CleverPick11 (Name of the website) (hereinafter referred to as the “Website”, “We”, “Us”, “Our”), owned and operated by Clever Pick Technologies (hereinafter referred to as “the Company”) with its registered office located at Prestige Palladium Bayan, Level 5, 129-140, Greams Road, Thousand Lights, Chennai - 600 006.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE,
Our Website provides an online platform/venue to its users to form combinations of teams for various sports and participate in online contests as elaborated further in this document. It is in no way an online provider for gambling and lottery activities. We do not provide any service for online gambling and lottery but the services are provided only for entertainment and amusement purpose.
IN USING THIS WEBSITE, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY DOWNLOADING AND USING THIS WEBSITE AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
b. “CleverPick11 (Name of the Website)” means the online platform via which users can form their team combinations for different matches of different sports and enter into contests by payment of participation fees;
c. "User/You/Your” means an individual who registers/creates an account on our Website in order to enter contests and avail other services provided therein;
d. “Services” means an online facility of providing platform for entering contests for users;
e. “Account” shall mean the accounts created by the Users on our Website in order to use the Services provided by our Website and requires information such as name, address, contact number etc.
f. "Content" means text, graphics, images, music, software, audio, video, information or other materials.
g. "User Content" means all content that a user submits or transmits to us through email, feedback or on our Website.
h. “Our Website Content” shall mean all the Content that our Website makes available through the Services, including any Content licensed from a third party.
i. "Collective Content" means User Content and our Website Content.
j. “SNS” shall mean Social Networking Site such as Facebook, twitter etc.
a. The official language of these terms shall be English.
b. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
a. You may download, use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
b. Our Website reserves the right to terminate your membership and refuse to provide you with access to the Website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
c. By using our Website and its services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
d. You must not be a competitor of our Website or use our Service for reasons that are in competition with us or otherwise to replicate some or all of the Service for any reason.
e. Our Website may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
f. Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms.
a. It is mandatory for the users to create an account on our Website in order to use our services.
b. In order to create an account and register with us you shall either create an account with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or Google accounts (each such account, a “Third-Party Account”).
c. If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and we disclaim any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.
d. In order to create an account directly with us:-
I. You must provide us with certain personal information such as username, email address, etc.
II. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Website account access credentials. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
III. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
e. When creating an Account, don’t:
I. Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
II. Use a username that is the name of another person with the intent to impersonate that person;
III. Use a username that is subject to rights of another person without Websiteropriate authorization; or
IV. Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
V. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us through the contact details given on the Website.
VI. You may not transfer or sell your Website account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
VII. Our Services are not available to temporarily or indefinitely suspended Users. Our Website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our Website reserves the right to refuse service to anyone, for any reason, at any time.
VIII. One individual/entity can own only one account in his/her/its name.
I. Our Website provides you with an online platform wherein you can participate in different contests after creating your combination of players, playing a match.
II. The website provides contest participation facilities for various sports.
III. The users win money based on their ranking in the contest.
IV. Prize money will be distributed as mentioned in the contest.
6. CONDITIONS OF PARTICIPATION AND UNFAIR CONDUCT:
By entering a Contest, user agrees to be bound by these Terms and the decisions of the website. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
· Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by the website to enter a contest and/or claim a prize/winning.;
· Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
· Colluding with any other user(s) or engaging in any type of syndicate play;
· Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
· Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
· Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
· Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
· Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to the website Users, sending unwarranted email content either to selected Users or in bulk); or
· Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of this policy, the website reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
7. REGISTRATION FOR A CONTEST:
I. In order to register for the Contest(s), Participants are required to accurately provide the following information:
i. Full Name
ii. Team Name(s)
iii. E-mail address
v. State of Residence
vii. Date of birth
II. Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
III. Once the Participants have entered the above information, and clicked on the "register" tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
8. CONTEST PARTICIPATION AND PRIZES:
I. As part of its services, the website may make available the contest(s) on the website platform.
II. Individual users wishing to participate in the such contest ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life players involved in the real-life matches (as applicable), series or tournament (each a "Sport Event") to which the fantasy game relates. The website offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams.
III. 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, as specified below.
The website reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond the website's reasonable control, including but not limited to the ones’ mentioned herein below:
i. Actual match start time is before the official deadline:
a. All sports other than Cricket-
the website reserves the right to adjust the deadline to a maximum of 10 minutes (maximum) 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.
b. Cricket –
the website 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.
In cases where official match time cannot be verified by website through reliable and/or publicly available sources, the website reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
ii. Actual match start time is after the official deadline:
the website 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.
IV. the website shall endeavour to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
V. Teams are awarded points on the basis of the real life, players (as applicable) performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners ("Winners"). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team's aggregate score at the end of the designated match(s) of the Contests.
VI. The Contest(s) across the website Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
i. "Fantasy Rules" available at https://www.cleverpick11.com/Rules-of-fairplay
ii. Other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s); and all Participants agree to abide by the same.
VII. Currently, there are paid versions of the Contest(s) made available on the website platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing the website's services and pre-determined participant's contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.
VIII. A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the website Services. However, unless the website specifies otherwise 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. In addition, it is expressly clarified that the website may, from time to time, restrict the maximum number of Teams that may be created by a single User account (for each format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by website in its sole discretion.
IX. Participant shall pay a pre-designated amount for participating in the contest(s) being created on the website platform.
I. In respect of any transactions entered into on the website, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
i. The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the website Services charged by the website and pre-determined participant’s contribution towards prize money pool.
II. The website reserves the right to charge a Platform Fee, which would be specified and notified by website on the Contest page, being created on website platform, prior to a User's joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and website shall issue an invoice for such debit to the User.
III. The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that website has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained.
IV. Any user availing website services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Account, (ii) Winnings Account. 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:
i. User's winnings in any Contest will reflect as credits to the User's Winnings Account.
ii. User’s remitting the amount the designated payment gateway shall be credited to User’s Unutlized Account’.
V. Each time a User participates in any contest on website, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.
VI. 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 ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions.
VII. Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.
VIII. A User shall be permitted to withdraw any amounts credited into such User's 'Unutilized' Account for any reason whatsoever by contacting website Customer Support. All amounts credited into a User's 'Unutilized' Account must be utilised within 335 days of credit. In case any unutilised amount lies in the 'Unutilized' Account after the completion of 335 days from the date of credit of such amount, website reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
IX. Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to website but shall occur automatically upon completion of 335 days from the date of credit of such amount in the User's Winnings Account. In either case, website shall effect an online transfer to the User's bank account on record with website within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Website shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User's bank account on record with website. 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 website 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 website, as well as the name and address existing in the records of the User's bank account as provided to website. In the event that no bank account has been registered by the User against such User's account with website, or the User has not verified his/her User account with website, to website's satisfaction and in accordance with these Terms and Conditions, website shall provide such User with a notification to the User's email address as on record with website 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, website shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide website with a valid bank account or valid identification documents (to website's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
X. Users agree that once they confirm a transaction on website, they shall be bound by and make payment for that transaction.
XI. The User acknowledges that subject to time taken for bank
reconciliations and such other external dependencies that website has on
third parties, any transactions on website Platform may take up to 24 hours
to be processed. Any amount paid or transferred into the User's
'Unutilized' Account or Winnings Account may take up to 24 hours to reflect
in the User's 'Unutilized' Account or Winnings Account balance. Similarly,
the utilization of the bonus points or money debited from 'Unutilized'
Account or Winnings Account may take up to 24 hours to reflect in the
User's 'Unutilized' Account or Winnings Account balance. Users agree not to
raise any complaint or claim against website in respect of any delay,
including any lost opportunity to join any Contest or match due to delay in
crediting of transaction amount into any of the User's accounts
A transaction, once confirmed, is final and no cancellation is permissible.
website may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
10. TABULATION OF FANTASY POINTS:
Website may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s). In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider comes to its attention, Website shall use best efforts to rectify such error prior to the distribution of prizes. However, Website hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against Website in this respect.
11. SELECTION AND VERIFICATION OF WINNERS AND CONDITIONS RELATING TO THE PRIZES:
I. Selection of Winners:
Winners will be decided on the basis of the scores of the Teams in a
designated match (which may last anywhere between one day and an entire
tournament) of the Contest(s). The Participant(s) owning the Team(s) with
the highest aggregate score in a particular match shall be declared the
Winner(s). In certain pre-specified Contests, website may declare more than
one Winner and distribute prizes to such Winners in increasing order of
their Team's aggregate score at the end of the designated match of the
Contest. The contemplated number of Winners and the prize due to each
Winner in such Contest shall be as specified on the Contest page prior to
the commencement of the Contest. Participants creating Teams on behalf of
any other Participant or person shall be disqualified. In the event of a
tie, the winning Participants shall be declared Winners and the prize shall
be equally divided among such Participants.
Website shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the Website, Contest, "Fantasy Rules", etc
II. CONTACTING WINNERS:
Winners shall be contacted by website or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
i. Photo of the User;
ii. Photocopy of a government-issued residence proof;
iii. User's bank account details and proof of the same.
Website shall not permit a Winner to withdraw his/her prize(s)/accumulated
winnings unless the above-mentioned documents have been received and
verified within the time-period stipulated by Website. The User represents
and warrants that the documents provided in the course of the verification
process are true copies of the original documents to which they relate.
Participants are required to provide proper and complete details at the time of registration. Website shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.
The list of Winners shall be posted on a separate web-page on the Website. The winners will also be intimated by e-mail.
In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from Website, such Participant may contact Website within the time specified on the webpage.
III. Verification Process:
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by Website shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Website shall not entertain any claims or requests for extension of time for submission of documents. Website shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following matches:
i. Determination by website that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
ii. Participant does not fulfill the Eligibility Criteria as specified in this agreement; or
iii. Any other match
IV. TAXES PAYABLE:
The website shall deduct such an amount from the winnings as necessary as per the prevailing laws. The tax amount shall be deducted prior to transfer of winnings to the account of the winner.
12. DEPOSIT AND WITHDRAWAL OF MONEY
I. Users are required to pay an entry fee for participating in a match. The entry fee for the match is quoted on the website along with the name of contest.
i. Debit/Credit card,
III. After a match is finished and the points as applicable are updated the winners will be determined as per the combination of players selected by them.
IV. The entry fee is non-refundable and non-cancellable.
V. Users expressly agree and acknowledge that we may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our Website.
VI. We reserve the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. We may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our website assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
VII. Users agree that they will hold our Website harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
13. FRADULENT AND DECLINED TRANSACTIONS
I. Our Website reserves the right to recover the appropriate costs and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
II. We as Service Providers shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder.
14. YOU AGREE AND WARRANT
The user agrees and warrans the following:
I. In case you are not satisfied with your ranking or points as shown on the website then you may upload evidences pointing towards any cheating done during the match such as screenshots, video footage, etc). We shall look into the matter and shall at our sole discretion, after carefully analysing the situation convey our decision to the participants and which decision shall be final and binding on the players.
II. We reserve the right to take penal actions against any user who raises false claims and wastes our time.
III. If the website finds out any error in the ranking and distribution of prize money then the website shall have the right to witdraw the winning funds from the account of the wrongful winner and transfer the same to the rightful winner. However the website shall take utmost caution in reviwing and analysing all the evidences submitted by the players.
IV. If we find out that you have been playing through multiple accounts then we shall have the right to terminate and suspend all your accounts which might even include banning you from the use of our website and sieze all the winning amount deposited in your account.
V. The Website and its service providers prohibit persons located in (including temporary visitors) or residents of certain territories (including territories where persons are required to play according to the regulations in such territory, using the appropriately designated, licensed game) from making deposits into their accounts or engage in the Games (the "Prohibited Jurisdictions"). For the avoidance of doubt, the foregoing apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction.
VI. Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Website and/or its service providers to identify your location and providing Website and/or its service providers with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps as we deem appropriate including, without limitation, seizing the funds in your User Account.
VII. If you have been banned from our website before, you may not use our services
VIII. The evidence (screenshot/videos) submitted by the user must be accurate and free from fraud.
IX. The ownership over the accounts created by the users on the website belongs to the website.
All right, title, and interest in and to the Website (excluding postings/content provided by the users) is and will remain the exclusive property of our Website and its licensors. The Website service is protected by copyright, trademark, and other laws. Nothing in these Terms gives you a right to use the name of the Website or Website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the Website or located on the Website.
The entry fees shall not be refunded in any case, thus users are advised to exercise their best prudence before depositing the entry fees.
a. Some of the features of this Website or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions/Content”), or (b) literary, artistic or other content, including but not limited to photos and videos. User Content includes all content submitted through your Account. By posting or publishing User Content to this Website or to the Services, you represent and warrant to us that (i) you have all necessary rights to distribute User Content via this Website or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the Websiteropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
b. All reviews, comments, feedback, submitted or offered to us on this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
c. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
e. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. With Respect to User Submissions, you acknowledge and agree that:
i. User Submissions are entirely voluntary;
ii. User Submissions do not establish a confidential relationship or obligate us to treat User Submissions as confidential or secret.
iii. We have no obligation, either express or implied, to develop or use User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of User Submissions.
f. We shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Website, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Website for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
g. It is possible that any of the user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
h. If you interact with other users through the Website, you agree that such conversation shall not be public and nothing shall be maintained in confidence. Thus you should exercise your prudence while interacting with other users through Website’s chatboard.
18. PROHIBITED USE:
a. You undertake not to abuse your use of the Website. You are prohibited from using the Website to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Website to advertise or perform any commercial solicitation.
b. You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
c. You shall not use any "deep-link", "page-scrape", "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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
d. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
e. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
f. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our Website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to us.
g. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
h. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
j. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
k. PERSONAL USE: The Service is intended solely for the User's personal use. The User is only allowed to play for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her User Account with the website for any purpose other than for the purposes allowed in this Agreement. You must provide full and truthful information in respect of all details and information provided by you to the website and you are obligated to update such details in the event of any change thereto.
19. INTELLECTUAL PROPERTY RIGHTS:
a. We, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our Website or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us or third party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our Website. You cannot modify, distribute or re-post anything on this Website for any purpose.
b. The Website names and logos and all related service and our slogans are the trademarks or service marks of our Website. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
c. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this Website is the property of our Website or its suppliers and protected by copyright laws of India. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our Website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of our company and is also protected by Copyright laws of India.
d. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
e. If you believe in good faith that any material used or displayed on or through our Website infringes your copyright, you (or your agent) may send us a notice at support@CleverPick11.Com requesting that the material be removed, or access to it blocked, please provide us with the following information:
i. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
ii. identification of the copyrighted work claimed to have been infringed;
iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Your contact information, including your address, telephone number and an email address; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
v. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
f. You should assume that everything that you see or read on this Website is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our Website or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our Website are subject to the trademark rights of our Website, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our Website which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this Website is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
g. Subject to your compliance with these Terms and without prejudice to any other terms set forth in these Terms, we grant you a limited, personal, non-exclusive, revocable, non-transferable and non-assignable / non-sublicensable license to access, download and use the Service on any authorized device you own and control, solely for your personal, non-commercial entertainment use. We reserve all rights in the Service not expressly granted to you in these Terms.
h. The Service is licensed, not sold, to you. You agree that we and our licensors own all right, title and interest in and to the Service, including all intellectual property rights therein, and that we retain ownership of the Service even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.
Users agree to defend, indemnify and hold harmless our Website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
a. We may, at any time and without notice, suspend, cancel, or terminate your right to use the Website (or any portion of the Website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
b. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
i. if we determine that you have breached, or are acting in breach of, this User Agreement;
ii. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
iii. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
iv. you do not respond to account verification requests;
v. to manage any risk of loss to us, a User, or any other person; or
vi. For other similar reasons.
c. If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by the Website.
d. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
e. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated. In such event, we shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation.
22. GOVERNING LAW AND JURISDICTION:
a. This Agreement shall be governed by and construed in accordance with the laws, without regard to its choice of law principles.
b. The parties consent to exclusive jurisdiction and venue in the courts sitting in Chennai, Tamil Nadu.
23. RESOLUTION OF DISPUTES:
a. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. The venue for arbitration shall be Chennai, Tamil nadu.
c. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
a. The Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the download and use of the Website.
b. We make no warranty that the Services or Website will meet your requirements or that the Services or your access to the Website will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or Website. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
c. The Website provides content from other Websites/Internet sites or resources and while our Website tries to ensure that material included on the Website is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
i. Your use of or your inability to use our Website, Services and tools;
ii. Delays or disruptions in our Website, Services, or tools;
iii. Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
iv. Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
v. The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
vi. A suspension or other action taken with respect to your account; and
d. To the fullest extent permitted under applicable law, our Website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.
e. The Content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
f. Our Website is in no means a provider of gambling services and we do not accept or place any wagers of any type. We do not endorse or encourage any illegal gambling and all the services provided by us are solely for the purpose of amusement and entertainment. Any use of the services provided on the Website in violation of state, provincial or local laws is strictly prohibited and the users who use the services in contravention of the same shall be liable to legal action if we incur any loss or damage due such unauthorized use of the information by the user.
a. We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at support@CleverPick11.com upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Website, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying Websiteropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
27. EXPRESS RELEASE:
You expressly hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of our Website. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
28. USER AGREEMENT AS DEFENCE:
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
a. Any notices must be given by postal mail to us at;
· Attn: Legal Department, Clever Pick Technologies
Prestige Palladium Bayan, Level 5, 129-140, Greams Road, Thousand Lights, Chennai - 600006
b. In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
30. OUR SERVICE AND GUARANTEES:
Our Website reserves the right to modify or terminate the Website’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our Website does not guarantee continuous, uninterrupted access to the Website, and operation of the Website may be interfered with by numerous factors outside our control.
31. LINKS TO OTHER WEBSITES/WEBSITES:
32. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
a. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
b. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
35. FORCE MAJEURE:
a. We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
i. Acts of god;
ii. Natural disasters;
vi. Shortage of supplies, equipment, and materials;
vii. Strikes and lockouts;
viii. Civil unrest;
ix. Computer hacking; or
x. Malicious damage.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our Website. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our Website. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this Website.
a. Our Website’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at support@CleverPick11.com or by clicking the unsubscribe link in our emails sent to you.
b. You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
c. By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
d. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Website, you give us permission to provide these records to you electronically instead of in paper form.
e. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our Website. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not Websitely to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
f. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at Support@CleverPick11.com
38. SPECIAL ADMONITIONS FOR INTERNATIONAL USE:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.
39. ENTIRE AGREEMENT:
The Agreement, in connection with the other obligations, policies and rules detailed in writing on the Website, constitute the entire agreement between you and the Website.
40. CONTACT US:
For any further clarification of out Terms and Conditions, please write to us at Support@CleverPick11.com
Our Permanent Address is Clever Pick Technologies, Prestige Palladium Bayan, Level 5, 129-140, Greams Road, Thousand Lights, Chennai - 600 006.
Our legal representatives can be contacted at Support@CleverPick11.com
Our Dispute Resolution team can be contacted atSupport@CleverPick11.com