Notout Eleven
Notout Eleven is the delegate brand of MAGIVIN SPORTS PRIVATE LIMITED through Notout Eleven, along with its sub-pages, and the Notout Eleven App, Notout Eleven operates two separate portals through which it offers cricket based, football based, online fantasy games. Notout Eleven as used herein shall be construed as a collective reference to Notout Eleven and the Notout Eleven App.
IT IS OBLIGATORY AND COMPULSORY ON 'THE USER' THAT THESE TERMS SHOULD BE READ BY 'THE USER' IN THEIR ENTIRETY BEFORE TO USER USE OF THE 'SERVICES'.
We counsel you to read our Terms of Service carefully and understand them well. All the clauses in the Terms of Service of Notout Eleven are delineated below and included in the medium of reference that can be accessed by clicking on the related links. You should make sure that you have read and understood our Agreement, including our Terms of Service, well before becoming a member of Notout Eleven. By registering on Notout Eleven, you agree to follow our Terms of Service, Privacy Policy and Game Rules. You are completely bound by our Agreement in any instance when you choose to use our Services or Games or software. We reserve the right to modify and amend our Terms of Service at any time. When we make any changes to our Terms of Service, we shall inform you about the revisions by sending you a notice at your email address registered with us. We shall also update such changes on our Website. We may make changes to our Terms of Service in order to review or change any of our Policies and Game Rules. If you do not agree to the changes made, you may cease your use of our Services of online Fantasy Cricket games by informing us that you have deleted your account. If you continue to use our Services after any amendments or changes, it shall be assumed that you have accepted the changes made in the Agreement and you agree to our new Terms.
Usage of Notout Eleven
Any person ("User") accessing Notout Eleven or the Notout Eleven App (' Notout Eleven platform') for participating in the various contests and games (including fantasy games and E-Sports), available on Notout Eleven platform ("Contest(s)") (' Notout Eleven Services') shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Notout Eleven in relation to any Notout Eleven Services. Notout Eleven shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Notout Eleven in relation to any Notout Eleven Services, at any time, by posting the same on Notout Eleven. Use of Notout Eleven constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Notout Eleven in relation to any Notout Eleven Services, as may be amended from time to time. Notout Eleven may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Notout Eleven, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Notout Eleven. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Notout Eleven.
Certain Notout Eleven Services being provided on Notout Eleven may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail Notout Eleven may, at its sole and absolute discretion: Restrict, suspend, or terminate any User's access to all or any part of Notout Eleven or Notout Eleven Platform Services;
Change, suspend, or discontinue all or any part of the Notout Eleven Platform Services.
Move or remove any content that is available on Notout Eleven Platform;
Deactivate or delete a User's account and all related information and files on the account.
Establish general practices and limits concerning use of Notout Eleven Platform;
Offer discounts to its users in form it deems fit ("Cash Bonus"). All such discounts shall be credited in a separate account called as Cash Bonus Account.
Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event; Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
In the event any User breaches, or Notout Eleven reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Notout Eleven or the Notout Eleven Services, Notout Eleven may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of Notout Eleven Contests or the Notout Eleven Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Notout Eleven and further, take technical and legal steps as it deems necessary.
If Notout Eleven charges its Users a platform fee in respect of any Notout Eleven Services, Notout Eleven shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Notout Eleven Services on account of any negligence or deficiency on the part of Notout Eleven, but not if such suspension or removal is effected due to: any breach or inadequate performance by the User of any of these Terms and Conditions; or any circumstances beyond the reasonable control of Notout Eleven.
Users consent to receiving communications such as announcements, administrative messages and advertisements from Notout Eleven or any of its partners, licensors or associates.
Online fantasy sports gaming is considered to be a legal practice around the world with certain states being an exception. Online fantasy sports gaming is entirely based on the concept of Game of Skills, wherein the users form their own teams and are allocated points on the basis of on-field performance of their chosen players.
Notout Eleven is completely legal as it offers services, Fun Features, Program(s) and Contest(s) related to fantasy cricket, fantasy football, fantasy kabaddi, fantasy volleyball, fantasy basketball & fantasy hockey. The services, contest(s) and program(s) related to online fantasy sports gaming offered by Notout Eleven enables its users to create their own team prior the match begins and then the teams are awarded points on the basis of the real-life performance of the players chosen by the users in the team. The individual whose team scores the highest aggregate of points is announced as the winner. The formation of team by the users of Notout Eleven is entirely dependent on the skills, knowledge and attention of the users which makes online fantasy sports gaming offered at Notout Eleven a game of skills and 100% legal.
Intellectual Property
Notout Eleven includes a combination of content created by Notout Eleven, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights" ) in all software underlying Notout Eleven and the Notout Eleven Platform and material published on Notout Eleven, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Notout Eleven, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Notout Eleven either in whole or in part without express written license from Notout Eleven.
Users may request permission to use any Notout Eleven content by writing in to Notout Eleven Support.
Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Notout Eleven ( "Users' Content" ). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Notout Eleven. Users agree to indemnify and hold harmless Notout Eleven, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Notout Eleven, by such User or through the User's commissions or omissions Users hereby grant to Notout Eleven and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:
Displaying Users' Content on Notout Eleven.
Distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
Storing Users' Content in a remote database accessible by end users, for a charge.
This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Notout Eleven belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Notout Eleven.
(“PGA, 1867”) is recognized as the primary legality driving the prevalence of gambling in India.
The PGA defines the act of “public gambling” and the keeping of a common gaming house as a criminal and punishable act in India. However, the online fantasy sports gaming is considered to be an exception under the PGA, wherein the provisions and punishments of PGA shall not be applicable to games played by the user using their skills and knowledge as primary tools.
Third Party Sites, Services and Products
Notout Eleven may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Notout Eleven does not exercise control over any Internet sites apart from Notout Eleven and cannot be held responsible for any content residing in any third-party Internet site. Notout Eleven's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Notout Eleven of such third-party Internet site.
Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Notout Eleven will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
Notout Eleven contains content that is created by Notout Eleven as well as content provided by third parties. Notout Eleven does not guarantee the accuracy, integrity, quality of the content provided by third
parties and such content may not relied upon by the Users in utilizing the Notout Eleven Services provided on Notout Eleven including while participating in any of the contests hosted on Notout Eleven.
User Conduct
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Notout Eleven may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
restricting, suspending, or terminating any User's access to all or any part of Notout Eleven Services;
Deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Notout Eleven subject to a processing fee (if any) applicable on such transfers as set out herein;
or
Refraining from awarding any prize(s) to such User.
Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Notout Eleven). Users further agree to update and keep updated their registration information
A User shall not register or operate more than one User account with Notout Eleven.
Users agree to ensure that they can receive all communication from Notout Eleven by marking e-mails or sending SMS from Notout Eleven as part of their "safe senders" list. Notout Eleven shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
Any password issued by Notout Eleven 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 Notout Eleven of any unauthorized use of their passwords or accounts or any other breach of security.
Users agree to exit/log-out of their accounts at the end of each session. Notout Eleven shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Notout Eleven Services and/or Notout Eleven experience or assist in such activity.
Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Notout Eleven or Notout Eleven’s Services.
Users agree that without Notout Eleven's express written consent, they shall not modify or cause to be modified any files or software that are part of Notout Eleven's Services.
Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Notout Eleven or the Notout Eleven’s Services (each a "Server"); or (2) the enjoyment of Notout Eleven Services by any other User or person.
Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Notout Eleven Services or any other person's use or enjoyment of Notout Eleven Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Notout Eleven Services by any means other than the User interface provided by Notout Eleven, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Notout Eleven Services.
Without limiting the foregoing, Users agree not to use Notout Eleven for any of the following:
To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Notout Eleven, any software, hardware, or telecommunications equipment;
To advertise, offer or sell any goods or services for any commercial purpose on Notout Eleven without the express written consent of Notout Eleven.
To download any file, recompile or disassemble or otherwise affect our products that User know or reasonably should know cannot be legally obtained in such manner.
To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
To restrict or inhibit any other user from using and enjoying any public area within our sites; To collect or store personal information about other Users;
To interfere with or disrupt Notout Eleven, servers, or networks;
To impersonate any person or entity, including, but not limited to, a representative of Notout Eleven, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Notout Eleven or to manipulate User's presence on Notout Eleven(s); To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
To engage in any illegal activities. User agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
If a User chooses a username that, in Notout Eleven's considered opinion is obscene, indecent, abusive or that might subject Notout Eleven to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Notout Eleven reserves the right, without prior notice to the User, to restrict usage of such names, which in Notout Eleven’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from Notout Eleven, deny such User access to Notout Eleven, or any combination of these options. Unauthorized access to Notout Eleven is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Notout Eleven by any means other than through the interface that is provided by Notout Eleven for use in accessing Notout Eleven. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing. Use of Notout Eleven is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Notout Eleven's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Notout Eleven. Users may reach out to Notout Eleven through -
Helpdesk if the user has any concerns with regard to a match and/or contest within Forty Eight (48) hours of winner declaration for the concerned contest. Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the Notout Eleven Platform. The Users will have to disclose their real age at the time of getting access into the Notout Eleven Platform. Notout Eleven may not be held responsible for any content contributed by Users on the Notout Eleven.
Conditions of Participation:
By entering a Contest, user agrees to be bound by these Terms and the decisions of Notout Eleven. 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 Notout Eleven 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.
Any violation of Contest rules or the Terms of Use.
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 Notout Eleven Users, sending unwarranted email content either to selected Users or in bulk); or.
Abusing the Website in any way (‘unparliamentarily 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, Notout Eleven 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.
Registration for a contest
In order to register for the Contest(s), Participants are required to accurately provide the following information:
Full Name
Team Name(s)
E-mail address
Password
State of Residence
Gender
Date of birth
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
The participants entering any contest(s) organized by Notout Eleven as a resident of Assam, Odisha, Telangana, Nagaland, Sikkim or Andhra Pradesh will not be permitted to sign up for any round in the paid version of the Contest as elaborated below. In case of audits from Notout Eleven, if a user is found to be a resident of Assam, Odisha, Telangana, Nagaland, Sikkim or Andhra Pradesh but not stated at the time of registration then Notout Eleven at its sole and absolute discretion holds the rights to take action against such user including (not limited to) blocking of user account, deletion or deactivation of user account, and resetting the user account to initial level by deleting all the logs, refers & reducing the amount present in the User Account to “zero.”.
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.
Contest(s), Participation and Prizes
As part of its services, Notout Eleven may make available the contest(s) on the Notout Eleven platform.
Currently, following contests are made available on Notout Eleven platform: 1) A fantasy cricket game and 2) A fantasy football game; Individual users wishing to participate in the such contest ("“Participants"”) are invited to create their own fantasy teams ("“Team/s"”) consisting of real life cricketers, footballers (as applicable) involved in the real-life cricket/football match (as applicable), series or tournament (each a "Sport Event") to which the fantasy game relates. Notout Eleven 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.
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.
Notout Eleven reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond Notout Eleven’s reasonable control, including but not limited to the ones’ mentioned herein below:
Actual match start time is before the official deadline
Notout Eleven reserves the right to adjust the deadline to a maximum of 10 minutes post actual match start time. In case the actual match start time is more than 10 minutes of official deadline, the contest will be abandoned.
All sports other than Cricket-
Notout Eleven 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 Notout Eleven through reliable and/or publicly available sources, Notout Eleven reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
Cricket –
Actual match start time is after the official deadline:
Notout Eleven 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.
Notout Eleven shall endeavor 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.
Teams are awarded points on the basis of the real life cricketers', footballers', ‘basketball players’ or kabaddi 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.
The Contest(s) across the Notout Eleven Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
-
"Fantasy Rules" available at Notout Eleven web portal.
"Fantasy Rules" available at Notout Eleven web portal.
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.
Currently, there are paid versions of the Contest(s) made available on Notout Eleven 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 Notout Eleven 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.
A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the Notout Eleven Services. However, unless Notout Eleven 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 Notout Eleven 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 Notout Eleven in its sole discretion.
Participant shall pay a pre-designated amount for participating in the contest(s) being created on the Notout Eleven platform. In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland or Telangana, such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).
In two member and/or three member only public and/or contests, where all participants have entered the contest with the exact same teams, including the captain and vice-captain in such event, contest prize money refunded.
In Starting Lineup Feature : Purpose of indicating a player's inclusion in final starting lineup is only to provide information and assist a user in selecting his/her team on Notout Eleven. While indicating a Player's inclusion in starting lineup is given by Notout Eleven on the basis of information/data received through feed providers, publicly available information. Users are advised to do a thorough research of their own from official sources and/or other available sources of information. Notout Eleven, shall not take any liability, if a player earlier indicated as 'Playing' does not play or start for any reason whatsoever.
Substitutes on the field will not be awarded points for any contribution they make. However, 'Concussion Substitutes' will be awarded points awarded four (4) points for making an appearance in a match and will be awarded points any contribution they make as per the Fantasy Points System (w.e.f Nov 25 2019).
Contest Formats
Currently two formats of contest(s) are made available on Notout Eleven platform (1) Public Contest where Users can participate in a Contest with other Users without any restriction on participation and (2) private contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. A user can enter into a maximum of 500 contest (including both Public contests and Private contests) per match. Any participation in a contest more than 500 shall be automatically prohibited. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s). Users by participating in a Contest(s) hereby authorize Notout Eleven to appoint a third party/ Trustee/Escrow Agent to manage users funds on users behalf.
Public contest
In the Public contest format of the Contest(s), Notout Eleven may make available the Contest(s) comprising of 2 -– 100 Participants or any other pre-designated number of Participants.
Notout Eleven may create this format of the Contest(s) as a paid format and the Winner will be determinable at the end of the match as per rule of the contests. The number of Participants required to make the Contest(s) operational will be pre-specified and once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the match, such Contest(s) will not be operational and the pre-designated amount paid by each Participant shall be returned to the account of such User without any charge or deduction.
In certain Contests across the Notout Eleven Services, designated as “Confirmed contests”, the Contest(s) shall become operational only when a minimum of two users join a Confirmed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Confirmed Contest, Notout Eleven shall continue with such contests and the short fall in the prize pool shall be borne by Notout Eleven.
Private contest
In the Private contest format of the Contest(s), Notout Eleven enables Users to create a contest ("“Private contest"”) and invite other users, whether existing Users or otherwise, ("“Invited User"”) to create Teams and participate in the Contest(s). Users may create a Private contest to consist of a pre-specified number of Participants, that is, consisting of either 2 -100 Participants. The User creating the Private contest shall pay the pre-designated amount for such Private contest and thereby join that Private contest and shall supply a name for the Private contest and be provided with a unique identification code ("contest Code") (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the Private contest, except for a change in the name of the contest. The User creating the Private contest shall provide Notout Eleven with the email address or Facebook account username of Invited Users to enable Notout Eleven to send a message or mail inviting such Invited User to register with Notout Eleven (if necessary) and participate in the Private contest in relation to which the invite has been issued.
In order to participate in the Private contest, an Invited User shall input the contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified number of Participants for that Private contest within 1 hour prior to the commencement of the match/Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and Notout Eleven shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).
Legality of Game of Skill
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill. The Contest (s) described above (across the Notout Eleven Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or handball and/ or volleyball and/or kabaddi and/or baseball statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
The Contest(s) are open only to persons above the age of 18 years. The Contest(s) are open only to persons, currently residing in India. Notout Eleven may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland, Telangana or Andhra Pradesh may not participate in the paid version of the Contest as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter. Persons who wish to participate must have a valid email address. Notout Eleven may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc. Only those Participants who have successfully registered on the Notout Eleven as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
Eligibility
The Contest(s) are open only to persons above the age of 18 years.
The Contest(s) are open only to persons, currently residing in India.
Notout Eleven may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland or Telangana may not participate in the paid version of the Contest as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter.
Persons who wish to participate must have a valid email address.
Notout Eleven may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
Only those Participants who have successfully registered on the Notout Eleven as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
Payment Terms
In respect of any transactions entered into on the Notout Eleven platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
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 Notout Eleven Services charged by Notout Eleven and pre-determined participant’s contribution towards prize money pool. Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning bank Accounts. The said accounts are operated by a third party appointed by Notout Eleven in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the User can be made to (a) Users (towards their withdrawals), (b) Notout Eleven (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount). Notout Eleven receives only its share of the platform Fees through the said Escrow Agent.
The Notout Eleven reserves the right to charge a Platform Fee, which would be specified and notified by Notout Eleven on the Contest page, being created on Notout Eleven 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 Notout Eleven shall issue an invoice for such debit to the User.
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 Notout Eleven 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 with the Trustee.
Any user availing Notout Eleven 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:
User's winnings in any Contest will reflect as credits to the User's Winnings Account. User’s remitting the amount the designated payment gateway shall be credited to User’s Unutlized Account’.
Each time a User participates in any contest on Notout Eleven platform, 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.
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.
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.
A User shall be permitted to withdraw any amounts credited into such User's 'Unutilized' Account for any reason whatsoever by contacting Notout Eleven Customer Support. The minimum amount that can be withdrawn by a User from his/her Unutilized Account is Rs. 200 (Two Hundred). 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, Notout Eleven reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to Notout Eleven 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, Notout Eleven shall effect an online transfer to the User's bank account on record with Notout Eleven within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Notout Eleven 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 Notout Eleven. 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 Notout Eleven 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 Notout Eleven, as well as the name and address existing in the records of the User's bank account as provided to Notout Eleven. In the event that no bank account has been registered by the User against such User's account with Notout Eleven, or the User has not verified his/her User account with Notout Eleven, to Notout Eleven's satisfaction and in accordance with these Terms and Conditions, Notout Eleven shall provide such User with a notification to the User's email address as on record with Notout Eleven 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, Notout Eleven shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide Notout Eleven with a valid bank account or valid identification documents (to Notout Eleven's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
Further, in order to conduct promotional activities, Notout Eleven may gratuitously issue Cash Bonus to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus must be used, as applied by Notout Eleven and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the user is subject to the sole discretion of Notout Eleven and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by Notout Eleven on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by Notout Eleven to such User. The Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The Cash Bonus shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with Notout Eleven or such account if terminated by Notout Eleven, all Cash Bonus granted to the user shall return to Notout Eleven and the User shall not have any right or interest on such points.
All Cash Bonus credited in the User account shall be valid for a period of 30 days from the date of credit. The Cash Bonus shall lapse at the end of 30 days and the Cash Bonus amount shall not reflect in the User account
Users agree that once they confirm a transaction on Notout Eleven, they shall be bound by and make payment for that transaction.
The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Notout Eleven has on third parties, any transactions on Notout Eleven Platform may take up to 24-72 hours to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 24-72 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from 'Unutilized' Account or Winnings Account may take up to 24-72 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against Notout Eleven 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.
Notout Eleven 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.
Tabulation of fantasy points
Notout Eleven may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider and/or official website of the match organiser comes to its attention, Notout Eleven shall use best efforts to rectify such error prior to the distribution of prizes. However, Notout Eleven 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 Notout Eleven in this respect.
Selection and Verification of Winners and Conditions relating to the Prizes
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, Notout Eleven 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.
Notout Eleven 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 Notout Eleven, Contest, "Fantasy Rules", etc.
Contacting Winners
Winners shall be contacted by Notout Eleven 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:
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.
Notout Eleven 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 Notout Eleven, Contest, "Fantasy Rules", etc.
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Photocopy of the User's PAN card.
Photocopy of a government-issued residence proof.
User's bank account details and proof of the same.
Notout Eleven 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 Notout Eleven. 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. Notout Eleven 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.
In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from Notout Eleven, such Participant may contact Notout Eleven within the time specified on the webpage.
Verification process
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by Notout Eleven shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Notout Eleven shall not entertain any claims or requests for extension of time for submission of documents.
Notout Eleven 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 matchs:-
Determination by Notout Eleven that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
Participant does not fulfill the Eligibility Criteria specified in Clause 10 above; or
Any other match.
Taxes Payable
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 30.00% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Notout Eleven in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
Miscellaneous
The decision of Notout Elevenwith respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Assam, Odisha, Sikkim, Nagaland, Telangana or Andhra Pradesh. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, Notout Eleven shall disqualify such Participant and forfeit any prize won by such Participant. Further Notout Eleven may, at its sole and absolute discretion, suspend or terminate such Participant's account with Notout Eleven. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with Notout Eleven, subject to the processing fee (if any) applicable on such transfers as set out herein.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Notout Eleven shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Notout Eleven may, at its sole and absolute discretion, suspend or terminate such Participant's account.
To the extent permitted by law, Notout Eleven makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
Notout Eleven may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Notout Eleven or question its right to modify such prizes being offered, prior to closure of the Contest.
Notout Eleven will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Notout Eleven shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
The Winners shall bear all transaction charges levied for delivery of cash prizes.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
General Conditions
If it comes to the notice of Notout Eleven that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Notout Eleven that conduct of any such Contest(s) is prohibited, then Notout Eleven shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.
Employees, directors, affiliates, relatives and family members of Notout Eleven, will not be eligible to participate in any Contest(s)
Dispute and Dispute Resolution
The courts of competent jurisdiction at Moradabad shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Notout Eleven Services provided by Notout Eleven (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Notout Eleven, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Moradabad, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent Notout Eleven from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Notout Eleven interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Notout Eleven to pursue any remedy for monetary damages through the arbitration described herein.
Release and Limitations of Liability
Users shall access the Notout Eleven Services provided on Notout Eleven voluntarily and at their own risk. Notout Eleven shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Notout Eleven Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the Notout Eleven Services provided therein, Users hereby release from and agree to indemnify Notout Eleven, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Notout Eleven Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
Notout Eleven accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to their access of Notout Eleven Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Notout Eleven Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Notout Eleven and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Notout Eleven on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Notout Eleven harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Notout Eleven or participation in any Contest. In no event shall Notout Eleven be liable to any User for acts or omissions arising out of or related to User's engagement with the Notout Eleven or his/her participation in any Contest(s).
In consideration of Notout Eleven allowing Users to access the Notout Eleven Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Notout Eleven, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Notout Eleven Services or related to the Contests or the prizes of the Contests.
Disclaimers
To the extent permitted under law, neither Notout Eleven nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, Notout Eleven shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Notout Eleven services or sites, cancellation of competition and prizes. Notout Eleven disclaims any responsibility for, and if a User pays for access to one of Notout Eleven's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Notout Eleven's maintenance on the servers or the technology that underlies our sites, failures of Notout Eleven's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Notout Eleven does not provide any warranty as to the content on the Notout Eleven(s). Notout Eleven(s) content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through Notout Eleven is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
Notout Eleven shall make best endeavours to ensure that the Notout Eleven(s) is error-free and secure, however, neither Notout Eleven nor any of its partners, licensors or associates makes any warranty that:
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The Notout Eleven(s) will meet Users' requirements.
Notout Eleven(s) will be uninterrupted, timely, secure, or error free.
The results that may be obtained from the use of Notout Eleven(s) will be accurate or reliable.
The results that may be obtained from the use of Notout Eleven(s) will be accurate or reliable.
The quality of any products, Notout Eleven Services, information, or other material that Users purchase or obtain through Notout Elevencom(s) will meet Users' expectations.
In case Notout Eleven discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Notout Eleven reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Notout Eleven agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
To the extent permitted under law, neither Notout Eleven nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Notout Eleven Services, events or Contest(s) being hosted or provided, or intended to be hosted on Notout Eleven platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Notout Eleven Services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
Miscellaneous
Notout Eleven may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Notout Eleven posting them on the Notout Eleven or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Notout Eleven. If they do not provide Notout Eleven with accurate information, Notout Eleven cannot be held liable for failure to notify the User.
Notout Eleven shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Notout Eleven's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any cricket/football match to which a Contest relates. In such circumstances, Notout Eleven shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
Notout Eleven's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Notout Eleven or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and ShrivastavG Services and govern User use of the Notout Eleven, superseding any prior agreements that any User may have with ShrivastavG Services.
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force. Notout Eleven reserves the right to moderate, restrict or ban the use of the Notout Eleven, specifically to any User, or generally, in accordance with Notout Eleven's policy/policies from time to time, at its sole and absolute discretion and without any notice.
Notout Eleven may, at its sole and absolute discretion, permanently close or temporarily suspend any Notout Eleven Services (including any Contest(s)).
Notout Eleven may from time to time conduct/organize, promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the Notout Eleven platform. Also, promotions/offers cannot be clubbed with Cash Bonus available with any user.
Most Valuable Terms and Conditions of "Invite Friends" program.
The Notout Eleven Invite Friends Program lets User invite friends to join Notout Eleven ("Program"). In the Competition that User and User referred friend meet the criteria and complete all the steps specified in these terms, User and User friend can earn a Cash Bonus from Notout Eleven of upto Rs. 300 ("Bonus Amount"), which Bonus Amount will be encashable to join cash contests and contests through the Notout Eleven’s mobile application for the Android mobile devices (" Notout Eleven Application"). To participate in the Program, please note our terms and conditions ("Terms") in this respect, as they govern User participation in the Program.
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