TERMS & CONDITIONS
Terms of Use
This document is published in accordance with the provisions of rule 3 (1) of the information technology (intermediaries guidelines) rules, 2011 that require publishing the terms of access or terms of usage of www.pokersportsleague.com (hereinafter referred as the “site”).
This document is an electronic record in terms of information technology act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the information technology act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Site is owned and operated by Mind Sports League Pvt. Ltd (hereinafter referred to as the Company). The terms of use (hereinafter referred to as these “Terms”) is an agreement between the Company and any person accessing browsing or using the Site (hereinafter referred to as “You”or “User” or “Player”).
Please read these terms and conditions carefully, as by accessing, browsing or otherwise using this site, you are deemed to have accepted these Terms and have agreed t=to abide by the conditions as set out in this Terms. The Company reserves the right to modify, alter or update these Terms at any time and you agree to be bound by such modifications, alterations and updates. If you do not agree to these Terms please discontinue using this Site immediately.
1. Eligibility
Use of the Site is available only to persons who are “competent to contract” within the meaning of the Indian Contract Act, 1872. Persons who are incompetent to contract under the said Act such as minors, un-discharged insolvents etc. are not eligible to use this Site. The Company shall not be liable in any manner for usage of the Site by a person who is not competent to contract under the Indian Contract Act, 1872.
2. Account creation and maintenance
- In order to access certain features of the Site, you will need to register with the Company and create an “Account” on the Site. You will be entitled to login with the use of only one Account on the Site
- For the purpose of registration, the Site will seek certain Personal Information such as name, mobile number, address and email address. The privacy of the Personal Information submitted by You at the time of creation of an Account shall be governed in accordance with the Privacy Policy of the Company as available on the Site.
- At the time of registration, you agree to provide true and correct particulars of the Personal Information. You further agree not to use the services provided on the Site by means of another person’s account. In the event that you attempt to open more than one account, under your own name or under any other name, or attempt to use the service by means of any other person’s account, the Company will be entitled to close all such Accounts and bar you from registering with the Company in the future.
- For the purpose of registration, you may choose any specific username and password. The Company reserves the right to suspend any Account that has an offensive/vulgar username and/or uses abusive/vulgar language in the chat window.
3. Charges
The Site does not charge any fee for browsing or accessing the Site. However, the Company reserves the right to change its policy on charging any such fees from time to time. Any change in the existing policy may be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. You shall be solely responsible for compliance of all applicable laws including those in India for making payments on the Site.
4. Privacy
- It shall be your responsibility to maintain the confidentiality of your user id, password, email addresses, contact details, and telephone numbers as well as the safe keeping of the device through which the Site is being or may be accessed.
- Sharing or distribution of the password with any other user/ person/ group or any third party is strictly prohibited. In addition to the above, allowing any person to access the Site using your Username and/or Password is strictly prohibited. You understand and acknowledge that whilst suitable and adequate security measures have been put in place to protect the privacy of your information, the Company will not be responsible if your account is accessed or opened by others using your password.
- The Company protects your information in accordance with its Privacy Policy posted on the Site. The Privacy Policy, as amended from time to time, is incorporated by reference to be a part of these Terms of Use and you accept the same by usage of the Site/App.
5. User responsibilities
- While accessing, browsing or otherwise using the Site, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any manner;
- infringes any patent, trademark, copyright, design or other proprietary/intellectual property rights of the Company or of any third party;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- You are legally responsible and liable for all of your activities on the Site made from your Account.
- You may be exposed to content posted by other users which you may find offensive, obnoxious or indecent and that the Site may not be able to prevent such content being posted. Such content should be brought to notice of the Company through the Site. The Company shall act upon the information as it deems acceptable. The decision taken by the management of the Company in this regard shall be final and binding on the player and the player specifically agrees that the Company will not incur any liability under any circumstance whatsoever regarding the same.
- You explicitly understand and agree that the Company will not incur any liability for information provided by you to a third party which may result in your Account on the Site being unlawfully accessed, exposed or misused by any other person or any other harm or loss being suffered by you.
- You are accountable to obey all applicable laws, while taking part in any competition or tournament organized through on the Site. You undertake and agree to indemnify us against any claims, expenses or liabilities suffered by or claimed against us by any person or entity arising out of your non-compliance with any applicable laws.
- You shall not be entitled to purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, any content, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Website or by using any Services.
- You also understand and accept that your mere participation in a game/ tournament available on the Site does not create any obligation on us to give you a prize or reward or other benefits. Your winning a prize is entirely dependent on your skill as a player same as other players in the game/tournament and subject to the rules of the game/ tournament.
- You acknowledge that your participation in any game/tournament is purely voluntary and is at your sole discretion and risk.
- You also agree that you are required to furnish your PAN (Permanent Account Number) duly issued to you by the Income Tax Department, Government of India, as the case may be, to deduct TDS as per the rules and regulations of the government of India.
- In the event that the Company has reasonable grounds to believe that you have undertaken any activities which violate or contravene the provision of these Terms, the Company shall be entitled to initiate appropriate legal proceedings against you as well as notify the relevant regulatory or law enforcement authorities where appropriate, apart from suspending or terminating your privileges for the use of the Site.
6. Online Conduct
User agrees not to use the Site for –
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer / network/ mobile systems.
- Interfering with any other person’s use or enjoyment of the Site.
- Breaching any applicable laws.
- Interfering or disrupting other networks or websites or programs connected to the Site.
- Making, transmitting or storing electronic copies of the information protected by copyright without the permission of the owner.
- Undertaking transactions with the use of fictitious accounts or for fraudulent transactions or transactions which are fake or to undertake any activity which may result in or is aimed and intended to cause wrongful loss to the Company.
7. Intellectual property
The Company holds all rights tangible or intangible for the Site and all the services offered on the website including but not limited Site content, design, text, graphics, trademarks, brand name, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangement to all games and other content, promotional material, all strategic and development plans, ideas, designs, financial conditions, business plans, data banks, information related to technology and process, the technology developed including the software and methodology of usage (Hereinafter referred to as “Intellectual Property”). The user is not being granted any rights whatsoever with respect to the intellectual property by allowing him to play games on the Site and use other services on the Site. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited.
8. Accuracy
The Company has been very cautious in the preparation of the content of the Site including but not limited to description, images, prices, etc. However, these may vary from the actual services provided on the Site due to various reasons including but not limited to computer monitor settings, typography errors etc. The Company shall not be bound by any errors or omissions in posting information with respect to the Services or prices with respect to any products or services offered on the Site/App.
9. Services not offered in Assam and Orissa
The applicable laws in the state of Assam and Orissa prohibit a player from using the services offered on our Site. There may be applicable penalties imposed on such user by the respective state governments or the central government of India as the case maybe. The Company doesn’t accept membership request from people who are residing in these states and if a user residing in such state becomes a member of the Site by giving false information, the liability will be solely on the User and the Company reserves the right to terminate the User’s membership without any notice and confiscate all his deposit and winnings as the case might be. You accept that the Company will not be liable to take any responsibility for the breach by the user of applicable state laws. Users from all states have to always ensure that use and access of this Site does not violate any laws to which the Users are subject. The Company will try to post any changes that we seem appropriate to better educate the users. Our decision in this regard will be final and no consideration whatsoever will be extended to the user.
10. Third party content
The Company will not stand the use of any abusive or offensive language on our chat boards or any other platforms. Also, you are not allowed to make false or damaging comments with regard to the company in any media or forum.
The Company holds the right to reject or delete any text, files, images, photos, video, sounds, or any other material that breaches the terms in accordance with our third party content policy posted by you on any platform.
Any violation may result in removal of the third party Content, a suspension of your use of the Services and/or any suitable action as may be required by us to ensure the agreement.
Please beware of phishing attacks, spoofed emails and links from external third party sources but claiming to be from Poker Sports League or Mind Sports League Pvt. Ltd.. Poker Sports League/Mind Sports League Pvt. Ltd. is not responsible for such emails/messages and/or any loss arising out of clicking on links contained in them.
11. Acceptance and modification
- By registering, you are considered to have accepted and understood all the Terms and conditions. We recommend that you keep a copy of all transactions, rules of playing, cancellation and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms and conditions by You does not surrender Our rights to act with respect to any prior, concurrent, subsequent or similar breaches. Any competition or tournament organized by us shall be governed by these Terms and conditions and any additional terms and conditions which may be explicitly defined for a competition or tournament.
- The company and/or Site reserves the right to singly change the terms and conditions and update the same on the Site. It is the user’s responsibility to check the updated terms and conditions on a regular basis and to decide whether to continue his membership on this Site or not. At any point of time you may choose to discontinue the use of our Site or any services offered by the Company. If you continue to use the Site, you will be responsible for your acceptance of the changes to this Agreement. If any judicial or quasi-judicial body in India declares any of these Terms or condition to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining Terms and conditions will not be affected. Any such inappropriate Term or condition will be replaced with another term that is valid and enforceable and is in most nearly with effect to the original invalid term.
- By agreeing to the terms of use you agree to the fact that the information you have provided to the company, website or affiliate on our website and its affiliates, will be used by the company and its affiliates as considered appropriate. Our methods of gathering information may change from time to time and our privacy policy may be modified too. These changes will be posted on this page. You can always understand the information we collect, how we use it, and under what circumstances we disclose it.
12. User comments/feedback or other submissions
- Users of this Site may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, the Company reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of the Company violates these Terms and, or terminate your permission to access or use this Site.
- All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the Company’s property. Such disclosure, submission or offer of any Comments, feedback, suggestions, ideas and other submissions shall constitute an assignment to the Company of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments, feedback, suggestions, ideas and other submissions. Thus, the Company will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company is, and shall be, under no obligation (1) to maintain any Comments, feedback, suggestions, ideas and other submissions in confidence or (2) to pay any person any compensation for any Comments; feedback, suggestions, ideas and other submissions.
- You acknowledge and understand that the Company provides its services to several customers and several users may post comments/reviews, feedbacks suggestions etc. Consequently, it may not be possible for the Company to be aware of the contents of each such comment/review that is displayed. Accordingly, the Company operates on a “notice and takedown” basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “), please notify us immediately by copying the contents of such review and emailing the same to our grievance officer as listed on the Site along with reason for your objections. The Company shall, upon receipt of such notice, make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
13. Grievance redressal
In order to address any queries in relation to the Site, we have provided a grievance redressal mechanism which enable the Users of the Site to upload their specific objections/comments/reviews pertaining to the Site.
By accessing/using the Site, you specifically acknowledge and understand that the Company has invested and continues to invest significant amounts towards the development and maintenance of the Site/ and that any negative feedback/comment/review may cause severe losses to the Company especially where the Company has not had the opportunity to address such comment/review. Consequently, in order to prevent such wrongful loss, you, the User specifically agree not to post any negative feedback/comment/review whether on the Site or on any public domain without first bringing the same to the notice of the Grievance Redressal officer specifying your feedback and further permitting the Company through its Grievance Redressal Officer to address any issues/queries or feedbacks as provided by you.
You further understand and acknowledge that failure on your part to consult with the grievance redressal officer and posting /uploading or otherwise disseminating any negative comments/feedbacks without providing any opportunity to the Company to address your grievances/issues shall entitle the Company to proceed against you, the User for damages for any losses suffered by the Company. Any claim for damages shall be in addition to the rights for injunctive reliefs since claim for damages may not be a sufficient remedy. The Company shall further be entitled to treat any such feedback/comment to be defamatory / libelous in nature and take appropriate action against the User as it may deem fit.
14. Indemnity
You, the user agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party, including but not limited to the non-fulfillment of any of your obligations under these Terms of Use or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms of Use.
15. Limitation of liability
You clearly understand and agree that the company shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if the company has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was forseeable. You agree to indemnify us against any claims in respect of any such matter.
16. Disclaimer
- The Company is the owner of, and reserves all rights to the assets, content, services, information, and products and graphics in the website except any third party content.
- Mind Sports League Pvt. Ltd. refuses to acknowledge or represent about the accuracy or completeness or reliability or adequacy of the website’s third party content. These content, materials, information, services, and products in this website, including text, graphics, and links, are provided “AS IS” and without warranties of any kind, whether expressed or implied.
- The Company may provide links to other websites/mobile applications which link may be embedded on the Site. The Company is in no way responsible for any content of any linked site or any link contained in a link site.
- Mind Sports League Pvt. Ltd. disclaims all warranties, express and implied with regard to the merchantability and fitness for a particular purpose. Mind Sports League Pvt. Ltd. also does not guarantee that users shall be able to use the website without any interruption which could be leading to loss in continuity.
- Although, Mind Sports League Pvt. Ltd. shall make reasonable efforts to ensure that the website remains free of viruses or other harmful components. However, Mind Sports League Pvt. Ltd. does not represent or warrant the website or the server that make the site available to be free of such harmful components. Use of the services of this website is at user’s own risk and Mind Sports League Pvt. Ltd. shall not be responsible for any costs of servicing, repair or correction of their systems.
- Mind Sports League Pvt. Ltd. does not endorse the Advertisements hosted on its website. Users responding to advertisements or purchasing any products advertised on Mind Sports League Pvt. Ltd. do so at their own risk.
- The Company will endeavor to provide all services related information and the users are advised to be informed of all such information before purchasing/using the services from the Site. It is understood that the Company is not responsible for any reaction or any failure of the services to satisfy any special use requirements or otherwise meet the needs or expectations of the users. All materials and information presented by the Company are intended to be used for informational purposes only.
- The services on the Site are provided on “as is” and “as available” basis, without any representation or warranties, express or implied except otherwise specified in writing.
- The Company will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Site. The Company does not warrant that the Site, information, content, materials, products (including software) included on or otherwise made available to you through the Site, servers, or electronic communication sent from the Site are free of viruses or other harmful components or that the Site/App will be constantly available or available at all.
Accepting the terms of use
You hereby accept the fact that you have read, understood and are willing to abide by the above Terms and Conditions.
Contacting us
In case of any questions or assistance or clarification feel free to contact us any time at info@pokersportsleague.com.