Terms of Service
Terms of Service – NOSTRAGAMUS.IN
- 'The Platform' website (www.NOSTRAGAMUS.IN) (“Website”) and the tablet/mobile application named 'The Platform' (“App”) — which include all of the text, images, audio, code and other material such as graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc. (collectively, the “Content”) - and all of the features, Games (defined below) and other services they display and provide are owned and operated by Gambit Sports Private Limited. ("Company"), a private limited company, incorporated in India under the provisions of the Companies Act, 1956 and having its registered office at G-307, Third Floor, Purva Skywood, Haralur Road, HSR Extension, Bangalore, Karnataka - 560102.
- “Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body;
- “Force Majeure” shall mean an act of God, war, civil disturbance, strike, lockout, act of terrorism, flood, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of any party, including, without limitation, unavailability of any communication system including internet, which has the effect of wholly or partially suspending the obligations hereunder, of the party concerned during the continuance and to the extent of such prevention, interruption or hindrance; and
- “Minimum Age” shall mean any person aged 18 (Eighteen) years and above.
Rules of the Game(s)
- Through the Platform, the Company offers Users the opportunity to participate in sports-based online fantasy games (“Games”).
- Users wishing to participate in the Games ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life sports-persons involved in real-life sports match/matches, series or tournament (each a “Sporting Event”) to which the Game relates. Each Participant shall form his/her Team in accordance with the conditions and limitations imposed in the Game Guides.
- You shall solely be responsible for maintaining the necessary computer equipment’s and internet connections that may be required to access, use and transact on the Platform for the purpose of participating in the Games.
Game of Skill
- You acknowledge, agree and confirm that the Games described in Clause 3 above are games of skill as the success of the Participants in such Games depends predominantly on their relative knowledge of inter alia the following information/data, and the manner in which You interpret and utilise such information/data while participating in a Game:
- the game of cricket, or any other sport on which the event may be based on;
- statistics and sports-persons’ past records and performances; and
- the average performance of real-life sports-persons in a particular territory, under certain conditions and/or in certain formats.
- The Game(s) also requires the Participants to field well-balanced sides in each Team, with limited resources and, in some cases, make substitutions at appropriate times to gain the maximum points, details of which are provided in the Game Guides.
- By participating in such Game(s), You acknowledge and agree that You are participating in a game of skill.
Representations and Warranties as regards eligibility of the User
- By participating in any Game on the Platform, You represent and warrant that:
- You are a resident of India;
- At the time of accessing the Platform and/or entering into a Game, You are physically located in India in a jurisdiction in which participation in the Game is not prohibited by any Applicable Law;
- You are not an employee of the Company; and if You are an employee of the Company, You shall access and use the Platform and/or participate in a Game ONLY for the sole purpose of testing the Users’ experience of the Game and/or any functionality of the Platform, and shall not be offered/entitled to win any prize(s);
- If you do not meet the eligibility requirements of this Clause, then You are not authorized to use the Platform;
- You shall not, at any point of time, access and/use the Platform to carry out any activity of money laundering; and
- The Company may require You to provide documentary proof that You are eligible to access and use the Platform and participate in the Games pursuant to Clause 5.2, prior to You receiving a prize. This may include identity and address proof documents and other bank account related details. The time period within which You are required to provide such documents, after the declaration of the Winners, shall also be communicated at the time of such declaration. To the extent the Company requests You to do so, and You fail to do so within a specified time as communicated in the official communication from the Company, or if the Company otherwise determines that You do not meet the eligibility requirements of this Clause 5, or that any information provided by You is false/ inaccurate, in addition to any rights that the Company may have in law or equity, the Company reserves the right to terminate Your Account in terms of Clause 20 below, and withhold or revoke the awarding of any prizes associated with such Account. In such a situation, the prizes will be forfeited, and not distributed to any other Users. Such a breach of the representations under Clause 5.2 may, in the case of Paid Format of the Game, also result in You forfeiting all the Virtual Currency remaining in Your Account as on such date.
- You may establish, maintain, use and control only one Account on the Platform. In the event the Company determines that You have opened, maintained, used or controlled more than one Account, in addition to any other rights that the Company may have, the Company reserves the right to suspend or terminate any or all of Your Accounts (defined below) and terminate, withhold or revoke the awarding of any prizes. Such a breach may, in the case of Paid Format of the Game, also result in You forfeiting all the Virtual Currency remaining in Your Account as on such date.
- The Company employees may use the Platform and/or participate in the Game(s) ONLY for the purpose of testing the User experience and functionalities of the Platform. Subject to this, the employees of the Company are not eligible to participate in any Games and shall in no event be entitled to any prize. Such employees shall not disclose any information or part thereof that is confidential in nature, or which they are privy to in their capacity of being an employee of the Company (including any information relating to the Company, its business, its employees, the Game(s) and any underlying software or algorithm, the Platform or other media on which the Games and information relating to the Games would be hosted) to any third party, including their relatives and friends, whether during the term of their employment with the Company or at any time thereafter, except to the extent necessary to discharge their duties as an employee of the Company.
- Consultants of the Company may play the Games without limitation, but only if: (i) their arrangement with the Company does not permit them to have any access to non-public Platform data or any other data not made available to all Users on the Platform; and (ii) they do not receive any other advantages in their use of the Platform.
- Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners related to the real-life sports teams, may participate in any Game(s) ONLY if: (i) the Game(s) are not corresponding to a Sporting Event in which the real-life sports team(s) that they are associated with, are participating, as this could provide them with an unfair advantage over other Participants; and (ii) they do not undertake any action which may influence the Sporting Event or the outcome thereof in any manner. Umpires, tournament/league employees, franchise team officials, and other individuals, who through an ownership interest or game-related employment, can influence any real-life Sporting Event, are likewise ineligible to participate in any Game corresponding to such real-life Sporting Event.
Creation of User Account and its Operation
To enjoy our games, you would require registering with us on our website. After you have clicked on ‘Register’, you will have to create your own login name and password along with additional information that may not be mandatory. For account verification, you may be required to give more personal information, when you may opt to play games for cash.
For security purposes, you may be required to verify the authenticity of your given information that may require additional proofs and documents, failing to which, we reserve the solemn right to suspend or terminate your user account and registration to play online. You should know that we are not obligated to cross check or verify your information and, thus, will not take any responsibility for any consequence or outcome that may result from you providing false, incorrect, incomplete, concealed or irrelevant information. Therefore, it is required that you provide complete and authentic information to the best of your knowledge to enjoy our online games.
Your Password; Your Responsibility
After you have registered on our website, it is your sole responsibility to make sure that you do not share your passwords with anybody, be it your friends, family members, third party, etc. We are not responsible if your user account is logged in or accessed by anybody by using your password.
It is possible that you may face disruptions, including, but not limited to errors, disconnection or inferences in communication in the Internet services, software or hardware that you have used to avail our services. Therefore, it should be clear that 'The Platform' is not responsible for such factors in the disruption in the services and you take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of services for any such reasons.
It is strictly forbidden for anyone to use our software for commercial use. The software is only meant for personal entertainment to play games. You are required to use your account only for playing games and should not attempt to manipulate, decode, modify, disassemble, decompile, reverse or re-engineer our software in any manner. Any attempt to use of artificial intelligence that include without limitation, ‘robots’, in connection to our games and software is forbidden strictly. All the actions that you perform must be executed by you, only through user interface that is accessible on our website.
Fair Play Policy
We take the fair play of Online Games on 'The Platform' very seriously. In order to prevent any form of fraud or un-fair play in our games or on our site - all user actions including - deposits / identity verification / games / individual hands are monitored to ensure a safe, legal and fair environment for all our users.
'The Platform' can be played with your circle of friends, but as a social game, not a team effort. Every single game must be a fair individual effort. Hence, as part of the Fair Play Policy and to prevent any form of Fraud & in game Collusion all user actions are monitored and recorded as mentioned above.
Any detection of breach of our Fair Play policy, such as and not limited to, fraudulent deposits under a stolen identity or collusion in gameplay, shall result in swift and serious action taken by 'The Platform' against the suspected user, as detailed in the section below entitled Breach and Consequences.
1.1.2 Formation of teams and collusion between you and any other user(s) for participating in Games organized on the Website or any other form of cheating is strictly prohibited.
1.3 Anti-SPAMMING: Sending SPAM emails or any other form of unsolicited communication for obtaining registrations on the Website to benefit from any promotional program of 'The Platform' or for any other purpose is strictly prohibited.
1.4 Multiple IDs: Your registration on the Website is restricted to a single user account which will be used by you to avail of the Services provided on the Website. You are prohibited from creating or using multiple user IDs for registering on the Website.
1.5 You may not create a login name or password or upload, distribute, transmit, publish or post content through or on the Website or through any service or facility including any messaging facility provided by the Website which :
1.5.2 Contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
1.5.3 Is otherwise objectionable or undesirable (whether or not unlawful);
1.5.4 Would constitute incitement to commit a criminal offence;
1.5.5 violates the rights of any person;
1.5.6 Is aimed at soliciting donations or other form of help;
1.5.7 violates the intellectual property of any person and / or any legally formed entity;
1.5.8 Disparage in any manner 'The Platform' or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
1.5.9 Promotes a competing service or product; or
1.5.10 violates any applicable laws.
1.7 You shall not host, or intercept, emulate or redirect proprietary communication protocols, if any, used by the Website regardless of the method used, including protocol emulation, reverse engineering, modify the Website or any files that are part of the Website.
1.8 You shall not frame the Website. You may not impose editorial comments, commercial material or any information on the Website, alter or modify Content on the Website, or remove, obliterate or obstruct any proprietary notices or labels.
1.9 You shall not use Services on the Website for commercial purposes including but not limited to use in a cyber cafe as a computer gaming center, network play over the Internet or through gaming networks or connection to an unauthorized server that copies the gaming experience on the Website.
1.10 You shall not upload, distribute or publish through the Website, 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 'The Platform'. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Website 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.
1.11 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 Website.
1.12 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 Real Money cards, mobile phones for depositing to your user account is strictly prohibited.
1.13 Accessing or attempting to access the Services through someone else’s user account is strictly prohibited.
1.14 Winnings, bonuses, bonus codes and prizes are unique to the player and are non-transferable. In the event you attempt to transfer any winnings, bonuses or prizes, or share special bonus codes the benefits of the same shall be forfeited.
1.15 If you are an officer, director, employee, consultant or agent of 'The Platform' or a relative of such persons ("Associated Person"), you are not permitted to play either directly or indirectly, any Real Money Games on the Website, other than in the course of your engagement with 'The Platform'. For these purposes, the term 'relative' shall include spouse and financially dependent parents and, children.
1.16 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.
Prizes and Taxation
- Within a reasonable time period after each Sporting Event corresponding to the Game ends, the Winners for the Game are announced, but remain subject to final verification by the Company. The Company may, in its sole discretion, award cash or non-cash prizes, to the Winners of each Game. The details of the prizes that may be won by the Participants, together with the prize structure for each Game, will be finalised and displayed on the Platform prior to the start of the corresponding Sporting Event.
- Prize calculations for a Game are based on the results as of the time when final scoring is tabulated by the Company after the end of a Sporting Event. Once Winners are initially announced by the Company, the scoring results will not be changed in light of adjustments made in the official scoreboards, though We reserve the right to make adjustments based on errors or irregularities in the transmission of information to Us from Our stats provider or in Our calculation of results. In determining the Winners, the Company shall not modify or manipulate the points awarded to any Participant in any manner whatsoever.
- No request for substitution or transfer of a prize shall be entertained by the Company. Where the Winner requests the Company to transfer the cash prizes to his bank account, the same will be disbursed ONLY to Winners who are account holders with a bank in India via an electronic funds transfer. The Company shall NEITHER physically mail the cheque containing the prize money to the Winner’s postal address NOR shall the Company hand over cash to the Winner through any other means.All taxes associated with the receipt or use of any prize are the sole responsibility of the Winner. In the event that the awarding of any prizes to Winners of the Game is challenged by any Authority, the Company reserves the right, in its sole discretion, to determine whether or not to award or adjust such prizes, which shall be in compliance with the Applicable Law.
- In all disputes arising out of the determination of the Winner(s) of the Game(s), the Company is the sole judge and its actions are final and binding on all the Participants.
- All prizes shall be subject to deduction of tax at source (“TDS”) as per the provisions of the Income Tax Act, 1961. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other tax/ cess/ surcharge under the Applicable Law, including but not limited to, gift tax, etc. in respect of the prizes.
Fair Play Deposit and Withdrawal policy
Depositing and withdrawing without playing any or a reasonable amount of games is a violation of our fair play deposit and withdrawal policy. Consecutive deposits and withdrawals are considered as money laundering actions, which is not permitted on 'The Platform'. Any user found committing such an action is in violation of our fair play deposit and withdrawal policy and further to investigation is subject to a penalty fee. Any user deemed to be a fraud user for any reason, for example, found depositing or withdrawing from/to a fraudulent account, is subject to legal action from 'The Platform' management including and not limited to the confiscation of the user's balance and locking of the user's account.
Players can withdraw funds only if they play cash games equivalent to the deposits they have made at 'The Platform'. 'The Platform' reserves the right to confiscate the funds if any user is caught depositing money and placing a withdrawal request without playing games equivalent to the deposit amount. In any such case the user will have to provide their bank statement clearly showing the deposit made at 'The Platform'.
Additionally in all such cases, the withdrawal amount will only be refunded back to your 'The Platform' account and will not be processed to your bank account.
Any user identified for engaging in such activities more than once shall have their accounts locked and any available funds in that account confiscated.
You may withdraw your winnings by means of either an electronic bank to bank transfer/NEFT or an account payee cheque for the amount of your winnings.
You agree that all withdrawals you make are governed by the following conditions:
- You can choose to withdraw money from your user account at any time, subject to bonus/prize money withdrawal restrictions, by notifying us of your withdrawal request.
- Bonuses and promotional winnings are subject to withdrawal restrictions and can only be withdrawn when you have made at least one cash deposit on www.NOSTRAGAMUS.IN and thereafter played the mimimum number of cash games required to be eligible for bonus & promotional winnings
- We shall process a withdrawal request via NEFT- Electronic Transfer/Cheque after PAN and withdrawal verification has been successfully completed. We shall always attempt to process the withdrawal through the mode of transfer selected by you, however, we reserve the right to modify the mode of withdrawal as per our discretion. Additionally we reserve the right to reverse the amount to the payment/Deposit mode used to add cash on 'The Platform'
- All withdrawals on 'The Platform' are currently free of charge. However, in the future if there are any charges levied for the withdrawal, we reserve the right to inform you in advance about those charges and charge the applicable fee
- In case your cheque is not presented in the bank for clearance within 30 days of dispatch, we will deem the cheque to have been lost and reserve the right to cancel the cheque with necessary instructions to our bank to stop payment of that cheque. This may result in dishonor of that cheque in which case we shall not be liable for the cheque amount to you. If you request to reissue the cheque it will result in deduction of applicable processing charges (As charged by the bank) from the amount of the cheque on reissuance.
- With our best efforts we will process all withdrawal requests within 24 hours of your request, and the bank may take another 48 hours to deposit the money into your account. There could be delays due to the time required for verification and completing the withdrawal transaction, this includes National and Bank Holidays or disruptions of service. We shall not be liable to pay you any form of compensation for the reason of delays in remitting payments to you from your user account.
Breach and Consequences
If we have evidence of breach of our Terms of Service through our investigations or reasonable belief that your continued access to our website is deleterious or detrimental to the interests of 'The Platform' or our users or the general public, then we reserve our sole discretion to take one or all of the actions mentioned below:
- Cause permanent suspension of your user account on our website
- Forfeit the amount of cash balance left in your account
- Demand and order damages for breach of 'The Platform' Terms of Service and take required civil actions to recover damages
- Initiate steps of prosecution for damages and violation that is equivalent to offences in law
- Cause restriction to access our games to users who are suspected in cases of cheating or colluding
- Bar you from playing or registering at 'The Platform' in the future, as we reserve full discretion to restrict you from playing our online games
The action taken by us will be solely due to your breach of our Terms of Service; the action shall be final and decisive that will be binding on you. Any action taken by us will be without prejudice to our other rights and remedies that are mentioned and available in law or equity.
Governing law, dispute resolution and jurisdiction
The agreement mentioned in our Terms of Service shall be followed, governed, and interpreted by, and construed in accordance with the laws of India. All or any disputes, complaints, differences, etc, shall be subject to Arbitration under the law of Arbitration and Conciliation Act of 1996.
All the online content, materials and information on our website are collectively referred to as ‘Content’. It includes a wide range of online items like images, designs, multimedia clips, graphics, logos, information, text content, games, software, animation, marks, hyperlinks, and pictures. These content, whether or not belonging to us, are thus protected and secured by applicable intellectual property rights. In addition, we are free to record and use, in any manner whatsoever, all chat content, images, emails, recommendations sent by any member or user while playing games, as they form a part of the Content of 'The Platform'.
We would also like to inform you that our website may contain information about third parties and have hyperlinks to them. Therefore, we would like to inform you that we are not responsible in any manner about the implied warranty to the quality, integrity or accuracy of the content that belong to the third party websites. You may rely on the content of the third party that is posted on 'The Platform' solely at your judgement, risk, and liability. When you visit such content, you will be subject to applicable terms and conditions. We will like to declare that we do not control and are not responsible for any content belonging to third party websites, as the hyperlink does not always necessarily mean endorsement of other party website by us.
When you register with 'The Platform', you will receive notifications regarding special offers, updates, contests, account activity details and others through SMS, email and direct mail.
All the details of various promotions are available in the Promotions section on the website. Each promotion has its own terms and conditions, which are clearly explained in their individual pages. All the cash or deposit bonuses have additional terms and conditions, which may differ from each other in accordance with the applicable bonus plans. The Bonus offer may not be claimed in conjunction with any other bonus offers currently offered by 'The Platform'. Once you activate the bonus code, any previous bonus codes will expire automatically. You will only receive disbursements from the active bonus code.
All the games, contests, bonuses and cashback offers mentioned under the Promotions section may be discontinued or get cancelled without prior notice. 'The Platform' is not responsible or liable for such cancellation whatsoever, except the refund of applicable entry fee. The decision of 'The Platform' management is final and binding in case of any disputes.
In accordance to the extent which is permitted by law, and in the humble consideration for allowing you to take part in the activity of online games, you hereby agree with full knowledge to indemnify, defend and save and hold us harmless to the complete extent of all awards and benefits, disbursements, litigation cost and reasonable fee of the attorney that we may have to incur or suffer in connection therewith including any sort of direct or indirect or consequential losses that may refer to any loss of profit and reputation that can arise from any claim, suits, taxes, actions, cause of actions, damages, penalties, injuries, expenses, demands, interest and/or awards imposed, brought or asserted against us by any person who has a connection with:
- Access of your user account by using your username or password by any other person to use our games services with or without your authorization
- Instances of use, misuse or abuse of your user account on our 'The Platform' website in any way whatsoever
- Offensive, illegal or defamatory conduct, demeanour or acts carried out by any player that are intended to mislead, defame and threaten, or cause obscene, illegal or inaccurate actions, even if originating from another player who is using your own account
- Cause infringement of other parties’ intellectual property rights by publishing any content on 'The Platform' website
- Disruptions like technical failures, disconnections, defects, interruptions, system breakdowns, manipulations in data transmission, corruption of data or its loss, failure in communication lines, distributed and constant denial of service attacks, and virus or other unfavourable or adverse instances of technology in connection with your access to or the use of our services to play on the website
Governing Law and Jurisdiction
The firm understands that from time to time, the users will need to directly interface with a Nodal officer for purposes of resolving any queries or concern, including, but not limited to, transactional complaints, fraudulent usage, non access of account, issues with any existing policy, or a request for account shutdown. There is a direct point of contact for all these queries, whose name and contact details are as follows
Abiding with existing Privacy laws
The firm abides with the stringent privacy requirements as contained in the the Information Technology Act, 2000, the Information Technology (Intermediaries Guidelines) Rules, 2011 (“Intermediaries Guidelines”) and the Information Technology (Reasonable Security Practice and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Data Privacy Rules”), in both letter and spirit. The following pointers highlight the best practices of industry being followed by Gambit Sports Private Limited, while also making the user cognizant of the inherent risks and responsibilities.