YOU SHOULD CAREFULLY READ, UNDERSTOOD AND REVIEW THESE TERMS AND CONDITIONS FOR SERVICE BEFORE REGISTERING SIGNING UP ON THIS PLATFORM
Introduction: - Hyike (hereinafter to be referred as “SERVICE PROVIDER”, “WE”, “OUR” or “US”) is a sole proprietorship firm having its registered office situated at Jaipur, Rajasthan which is offering Services through its web portal, websites, mobile applications and other portals (hereinafter to be referred as “Platform”). Service Provider is neither affiliated nor associated with any private or government Sports leagues and tournaments until and unless stated by said organization. By registering at this Platform You hereby irrevocable agree with these Terms and Conditions of Service.
Interpretation and Definitions: -
User Account Creation & Operation To use our Services, you will need to register with us on the Platform. By completing the online registration process on the Platform, you confirm your acceptance of the Terms. Any information provided by You to Us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. You acknowledge that we may, at any time, required to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the Website.
Representation and Warranties: - The Users hereby represents and warrants to Service Provider as under: It is a natural Person, as per any Applicable Law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is a resident or from where User uses the Platform; or (b) it is a juristic Person, as per any Applicable Law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principal office or from where User uses the Platform. The users is competent to execute Contract as per Indian Contract Act. The users represent that it is legal to play games on this Platform in the jurisdiction from where user are accessing Games. The Users represent and warrant that he is aware that residents of Assam, Odisha, Nagaland and Telangana are not allowed to participate in the Games offered on this Platform. The Users account is for its personal use only. He shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, Users represent, warrant, and agree that he is authorized to use the Platform and will abide by the Contract. The execution and delivery of this Contract and the performance of its obligations hereunder does not and will not (i) contravene any applicable law, statue or regulation or any judgment or decree to which the Users is subject, (ii) conflict or result in any breach of any of the terms of or constitute default of any covenants, conditions and stipulation under any existing Contract to which Users is a party. The Users represent that it shall use a legally earn money for using this Platform. The Users has not submitted or stated any untruly information in this Platform. The representations above shall be deemed to be repeated and confirmed by Users at the time of fulfilment and performance of its obligations.
NO WARRANTY Service Provider disclaim all warranties, express or implied, written or oral. Users acknowledge that the Services provided by Service Provider may not be uninterrupted or error free. You also acknowledges that the services provided by us can be in any event be brought to an abrupt end in any event whatsoever by any of reason whatsoever. Users sole and exclusive remedy in the event of interruption to the Services or loss of use and/ or access to Platform, shall be to use all reasonable endeavors to restore the Services as soon as reasonable possible. Without prejudice to any other provision of this Contract, Service Provider do not warrant that :- Its Platform and services will be provided uninterrupted or free from errors or that any identified defect will be corrected; or Is free from any virus or other malicious, destructive or corrupting code, program or macro.
Entry Fee and Prizes: -
You hereby agree that for the purpose of participating in contest on this Platform you shall be need to pay entry fee out of available coins in your account, which shall vary event to event. Users understand and agree that winning prize for each contest shall vary contest to contest, which shall be informed to the Users at the time of Joining of contest and prize can be in a form of gifts, intangible interaction on Video Call with any personality etc.
Consideration or Service Charge: -
The Users understand and agree that in consideration of providing Services We charge service charges in form of commission or fee for Games, which may vary depending on the Contest and are subject to change from time to time. You understood that We never participate in any of the event and only provide our Services through this Platform.
Covenants of Users: - The Users hereby covenants to Service Provider as under: The Users agree to use user account with us, solely for the purpose of playing games on the platform and for transactions which you may have to carry out in connection with availing the Services thereon. Use or attempted use of User account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonus or balance in the user account. The user shall not use the Platform, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Contract or under Applicable Law. The Users shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties. The Users agree to abide by the terms of the each contest in which he participate. The Users hereby agrees that he himself will play in all Games in which he has registered/joined and not use any form of external assistance to play. He shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Platform or use any third-party software that intercepts, mines or otherwise collects information from or through the Websites or through any Services. Any attempt to employ any such external assistance is strictly prohibited. In case You indulge in such activity we shall be entitled to initiate appropriate Criminal Proceedings against You. You shall not upload, distribute or publish through the Platform, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to us or that aids in providing the services offered by us. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Websites or not. Additionally, you shall not impersonate another person or user, attempt to get a password, other user account information, or other private information from a user, or harvest email addresses or other information. You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, Content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Portal. Any form of fraudulent activity including, attempting to use or using any other person's credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to your user account is strictly prohibited. You understand that this Contract has been executed by You electronically and it is validated through One Time Password sent on mobile number of Users. You shall not post any material or comment, on any media available for public access, which in our sole discretion, is defamatory or detrimental to our business interests, notwithstanding the fact that such media is not owned or controlled by us. In addition to any other action that we may take pursuant to the provision hereof, we reserve the right to remove any and all material or comments posted by you and restrict your access to any media available for public access that is either controlled or moderate by us; when in our sole opinion, any such material or comments posted by you is defamatory or detrimental to our business interests. You will not attempt to or engage in any activity that may: reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Us to You in writing or is required by the Applicable Law; use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof; collect information about Users for any illegal or unlawful purpose; create any Account by automated means or under false or fraudulent pretences for using the Platform; transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform; use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other Users’ use and enjoyment of the Platform; carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any User of the Platform; forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform; and/or obtain any materials or information through any means not intentionally made available, in the opinion of Service Provider, through the Platform. You understand that it is your responsibility to protect the information you provide on the Websites including but not limited to your Username, Email address, Contact Details and Mobile number. We will not ask for your user account login details which is only to be entered at the time of login. At no other time should you provide your user account information to any user logged in on the Platform or elsewhere. You undertake that you will not allow/login and then allow, any other person to play from your user account using your username. You specifically understand and agree that we will not incur any liability for information provided by you to anyone which may result in your user account on the Websites being exposed or misused by any other person. You understand and agrees that in case of prize in form of intangible interaction on Video Call with any personality, We shall not be responsible for ignorance or rude behavior of said personality. You agree to not indulge in any libelous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, or harassing act while interaction with other Users or personality. The Users hereby agree to abide by the Terms and Condition of payment gateway for initiating and completing transaction upon this Platform. The Users hereby irrevocable agree that while using this Platform, the Users shall always abide by all the laws enforced in India including but not limited to Prevention of Money Laundering Act, 2002. Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Services. By participating in the Contest, each Participant acknowledges and agrees that he is participating in a game of skill. Any password issued by Service Provider to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Service Provider of any unauthorized use of their passwords or accounts or any other breach of security. We at our sole discretion, may disqualify You from a Contest, refuse to award benefits or prizes and require the return of any prizes, if You engages in unacceptable conduct, which We deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users.
Withdrawal and Forfeiture of Coins: - You can withdrawal amount by redeeming coins available into Your Account in this Platform strictly as per the terms of this Contract. After purchasing coins You can withdrawal real money by redemption of available coins only after participating in at least one contest. In case You do not participate in any contest, after purchasing coins, no coin shall be redeemable. While redeeming coins and withdrawing real money, You shall be oblige by all the Terms and Conditions of Payment Gateway. We shall not be liable for any error or issues on Payment Gateway either while purchasing or redeeming coins. You understand and agree that We are legally obliged to deduct tax at source (TDS) on winnings of more than 10,000/- in a single contest. In these cases, you will be required to furnish your Permanent Account Number (PAN) duly issued to you by the Income Tax authorities if you have not already done so. TDS at the rate of 30%, or such other rate as may be prescribed by law at the relevant time, will automatically be deducted from such winnings and the rest will be credited to your coins. Withdrawal of these winnings will only be permitted upon your providing your correct PAN details. These limits and rates are subject to change as per the prevailing rules and regulations. Our obligation in this regard is limited to deducting TDS as required by law and providing you an appropriate certificate of tax deduction. We neither advise you nor shall in any manner be responsible for your individual tax matters. We reserve the right to verify Your PAN from time to time and to cancel any prize wherein your PAN be found inconsistent in our verification process. You understand and agree that you shall promptly withdraw the wining amount by redeeming coins. You agree that in case You neither participate in any contest for 3 months nor redeem the coins available in your account for 3 months, then We shall forfeit the available coins and deactivate Your Account without giving any Notice or Notification in this regard. In case of violation of any of the terms of this Contract by You, We on our own discretion without giving any Notice or Notification may forfeit all the available coins in Your Account. You hereby agree that in case of forfeiture of coins, the said coins shall became the absolute property of Service Provider.
THIRD PARTY SITES, SERVICES, AND PRODUCTS
There may be various links to other Internet sites owned and operated by third parties on Our Platform which may contain different conditions for users' use of the site. We do not hold any control or responsibilities for internet sites apart from our Platform, and thus, it shall not be held responsible for any content posted on any third-party Internet site. Further, the involvement of Service Provider with any of the third-party content or links to third-party Internet sites is not related to any sort of endorsement by Service Provider of such third-party Internet site. We are neither associated with nor responsible for the correspondence, transactions, and all other related activities between the user and third parties including payment providers and verification service providers on Platform. The users' involvement with third parties is entirely dependent on the terms and conditions, policies and services terms of these third parties and the users are solely responsible for reviewing the policies, terms and conditions, and the service terms of these third parties before transacting or availing any of the services. Accepting this Terms and Conditions users agree that We are not responsible for any sort of damage or loss faced by the users due to any sort of transactions, correspondence and all related activities with any of the third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor. We comprises a group of content created and posted by either Service Provider as well as various third parties. Service Provider does not hold responsible for the accuracy, integrity or the quality of the content created and posted by any of the third parties and such content may not be relied upon by the Users in terms of using the Fun Features provided by the platform or taking part in any of the contests hosted on the platform.
NDEMNITY Users hereby undertakes to indemnify at all times and hold harmless Service Provider, its officers, directors, employees, Facility Providers, Participating Banks, Payment Gateways against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs, awards, damages, losses and/or expenses however arising as a result of. any breach of any applicable law, rules and regulations. any breach or non-performance by the Users of any of the provisions of this Contract, breach of confidentiality, Intellectual property rights, chargeback and refunds; any act, neglect, omission, misrepresentation, misconduct, fraud or default of Users.
You are also responsible for any breach of Your obligations under the Contract and/or for the consequences of any such breach. The Users hereby agrees to indemnify and hold Service Provider harmless at all times from any loss, claim, prejudice, damage, costs, taxes, duties, penalties, interest thereon or expenses of any kind, including reasonable attorney's fees and legal costs to which Service Provider may be subjected to, due to any act and action of the Users or any of its employees, directors, etc.
GENERAL CONDITIONS: - In a rare event wherein Service Provider identifies the need of any governmental, statutory or regulatory compliances or approvals for organizing any Contest(s) or the company identifies any on-going Contest(s) breaching the legal guidelines or being prohibited by the legal authorities, then, Service Provider hold all the rights to cancel or withdraw such Contest(s) without any prior notice to the participants or the winners. The individuals using the services provided by Service Provider agree not to make any claims related to such cancellation or withdrawal in any manner. You hereby agree that Service Provider can cancel any contest on its Platform at any point of time for whatsoever reason without giving any prior notice or notification. You shall not claim any damages in this regard from Service Provider.
Waiver: - You agree that by registering and creating account on Our Platform You expletively waive all of Yours right to challenge any terms of this Contract later on for whatsoever reason.
Termination Your access to the Platform may be terminated if: You voluntarily uninstall the Platform from Your device; You knowingly or unknowingly cause direct or indirect breach, as ascertained by Service Provider, of these Terms of Contract as a whole or in part;
We may have to terminate Your access to the Platform if: We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes, unlawful); The third-party Person, if any, with whom We offered the Platform to You has terminated its relationship with Us or ceased to offer the related services to Us or to You; The provision of Platform to You, is no longer commercially viable or feasible for Us; You are inactive on our Platform for a continue period of 3 months, or You are a repeat infringer of this Contract.
Notwithstanding anything contained herein, either Party shall be entitled to terminate this Contract forthwith, on the occurrence of any event beyond the control of either Party, (for example an amendment in applicable laws, regulation, guidelines etc.) which results in the Parties being unable to continue with the arrangement comprised herein. We may terminate this Contract at any time, with or without notice and may disable Your access to the Platform and/or bar You from any future use of the Platform. You may terminate this Contract at any time by terminating Your access to the Platform. However, certain obligations of Yours under this Contract shall continue to prevail even on such termination. When this Contract comes to an end, all of the legal rights, obligations and liabilities that You have benefited from, been subject to (or which have accrued over time whilst the Contract has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
Liquidated Damages and Legal Action:- You hereby agree that in case of violation of any terms of the Contract by You, We shall be entitled to claim a liquidated damages from You. In case violation results in breach of any Law, then We shall be entitled to take appropriate legal action including Criminal Action against You. In no case You shall ever claim any Liquidated Damages from Us.
All notices, demands, and other communications hereunder shall be in writing, and shall be deemed given to the Service when delivered by e-mail in a following manner : - Name: Hyike Email: _______________________
It is expressly agree that no other mode of communication except through e-mail shall be consider as valid mode of communication
Governing law, Jurisdiction and Dispute resolution This Contract shall be governed by and construed in accordance with Indian laws. Any claim, dispute or difference arising under or in connection with this Contract shall be settled by arbitration in accordance with the Arbitration & Conciliation Act, 1996, or any statutory amendment thereof and shall be referred to the sole arbitrator as mutually appointed by the Parties. The venue of the arbitration shall be Jaipur and the arbitration proceedings shall be conducted in English. If requested by any of the Parties, the arbitrator may hold the hearings, if any, through video conferencing and direct that all pleadings (statement of claims, applications, written submissions etc.) and notices/ summons be file/serve through e-mail or other electronic or instant messaging service means. Without prejudice to the arbitration provision herein, the competent courts in Jaipur shall have exclusive jurisdiction where applicable. This Contract shall be deemed to be executed in Jaipur, Rajasthan.
If and to the extent that either Partys performance of any of its obligations pursuant to this Contract is prevented, hindered or delayed by fire, flood, earthquake, elements of nature or acts of God, act of war, terrorism, riots, sabotage, civil disorders, pandemic outbreaks, rebellions, or revolutions, strike, acts or omission of utilities or of a government entities or any other cause beyond the reasonable control of such Party (each, a Force Majeure Event), and such non-performance could not have been prevented by reasonable precautions, then the non-performing Party shall be excused from any further performance of those obligations to the extent that such non-performance is due to the occurrence of the Force Majeure Event and for as long as such Force Majeure Event continues and such Party continues to use every commercially reasonable effort to recommence performance. The Party whose performance is prevented, hindered or delayed by a Force Majeure Event shall immediately notify the other Party of the occurrence of the Force Majeure Event and described in reasonable detail the nature of the Force Majeure Event and the specific actions it has undertaken to mitigate the effects of the Force Majeure Event. Assignment The Users hereby agrees that it shall not assign any of its rights, obligation, duties etc. arising under this Contract to any other person. The Users agree that Service Provider can assign any of its right under this Contract to anyone at any point of time without giving any prior notice to notification. Service Provider may allow third party to host contest on its Platform regarding You shall never raise any objection.
In the event any one or more provisions of this Contract shall, for any reason, be held to be invalid, illegal or unenforceable, the remaining provisions of this Contract shall be unaffected, and the invalid, illegal or unenforceable provision(s) shall be replaced by a mutually acceptable provision(s), which being valid, legal and enforceable, comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision(s)