WhatNxt Terms and Conditions
Date of Last Revision: Feb12,2024
INTRODUCTION - WHO WE ARE AND WHAT WE DO?
We are WHATNXT Technologies, offering Our Platform to You and an opportunity for You to participate in Contests spanning across a broad range of officially sanctioned live sporting events (“Services”). An illustrative list of such sporting events is mentioned below as maybe modified from time to time (“Cricket”):
Any person using, accessing and/or participating in any fantasy sports-related free-to-play online gaming contests pay-to-play online gaming contests (“Paid Contest”) on Our Platform is a user (“User”). All references to “You/Your” relate to the User. All references to “We/Us/Our” relate to “WhatNxt” which denotes a collective reference to the WhatNxt mobile application and the WhatNxt website (hereinafter collectively referred to as “Platform”). Paid Contest are hereinafter collectively referred to as “Contests”.
ACCEPTANCE OF OUR TERMS AND CONDITIONS
Your continued usage of Our Platform constitutes Your acceptance of the terms and conditions, including any additional terms that We may make available to You (“Terms") and are contractually binding on You.
You accept that in the event of any variance between these Terms and any additional terms relating to the usage of Our Platform or any Contest, the additional terms will prevail.
By accepting these Terms, You agree and consent to receive communications from Us and/or Our partners, licensors or associates for any purpose through the following modes:
Announcements;
Administrative messages/direct messages ;
Advertisements;
direct notification to your account; and
by any other means that We may consider fit for this purpose.
You agree that You shall mark Us as a safe sender on all Your platforms where You receive any such communications from Us (including via email and SMS) to ensure such communications are not transferred to the spam/junk folder.
USER ACCOUNT
You are required to register on Our Platform to create an account to access Our Services (“Account”). At the time of creating Your Account and/or at any time during the utilisation of Our Services, You will be required to provide any and/or all of the following information and/or documents:
Your full name;
Your team name;
Your mobile number;
Your full address and state of residence;
Your gender; and
Your date of birth.
Any other valid identification
Bank Account information
UPI ID
Permanent Account Number (PAN)
We reserve the right to conduct KYC as may be required from time to time in the manner prescribed under such law.
1. To participate on the Site, you must have an account with google account and than you were able to register/login with same google account. This being a one time moniker that allows you to use the Services, with the content and actions being visible on the Site under the moniker. It is clarified that WhatNxt will always be aware of the connection between your moniker and username.
2. Login methods using third party ID (such as Google etc.,) are also possible and by logging in through third party ID, you permit us to access information from your profile (such as name, email address etc.) for use by the Services in accordance with our Privacy Policy.
3. You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
4. You will not create more than one account for yourself with same google account.
5. You will not create another account if we have already disabled your account, unless you have our written permission to do so.
6. You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
7. You will not share your password.
8. You will not impersonate another person.
9. Only coin partner become a VIP user. VIP user can have some several features as per VIP terms. contact support 24support@whatnxt.info
Room Content:
1. You can create the own room to join or else you can join other room as well.
2. All the chat can be visible to all WhatNxt user.
3. Room Owner can have access to delete all chat.
4. Any user can report for Inappropriate chat or content to our contact support 24support@whatnxt.info
Content
1. The Site content
The Site contains: (i) graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, and (ii)status text and other communications submitted by you and other users, which we call "the Site content" collectively. The Site content is protected by intellectual property laws including copyright and other proprietary rights of the Republic of India and other foreign countries in future.
WhatNxt grants you the right to access the Site content in the manner described in this Agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display the Site content, except as permitted by the doctrine of fair use or as authorized in writing by WhatNxt.
2. Your content
1. You shall be solely responsible for your own content and the consequences of posting or publishing them. Because WhatNxt is only acting as a repository of data, user submitted content do not necessarily represent the views or opinions of WhatNxt, and WhatNxt makes no guarantees as to the validity, accuracy or legal status of any user content. In connection with your user content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize WhatNxt to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all your user content to enable inclusion and use of such user content in the manner contemplated by the Service and these terms of the Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your user content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your user content in the manner contemplated by the Service and these terms of the Agreement.
2. Except as described below, you retain all of your ownership rights in your user content, but you have to have the rights in the first place.
3. In the event the user content you post on the Site has already been posted by another user and in order to avoid duplication, content is grouped together. The names of the other posters will be also be displayed along with your username or moniker in connection with the content.
4. By submitting user content to the Site, you grant WhatNxt royalty-free, perpetual, irrevocable, sub-licensable, transferable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others on WhatNxt 's behalf to do so.
5. To the extent it’s necessary, you also grant WhatNxt the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice in any and all media and distribution channels (now known or later developed) in connection with any content you create, upload, post, send, or appear in. This means, among other things, that you will not be entitled to any compensation from WhatNxt if your name, likeness, or voice is conveyed through the Services.
6. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, post, store, or send through the Services.
7. You agree that you have the right to submit anything you post and you agree that you will not:
1. Post or submit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual, personal or proprietary right of any party.
2. Post or submit any content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful or illegal in any manner whatever.
3. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
4. Post or submit web links to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of our Site or the Services, or any system or computer from which our visitors and users access our Site or Services.
5. Post or submit any content that harm minors in any way.
6. Post or submit any content that threatens the unity, integrity, defence, security or sovereignty of any nation or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any nation.
7. You will not encourage or promote any activity that violates this Agreement.
8. Please take a look at the Site’s privacy policy for an explanation of how WhatNxt may use or share information submitted by you or collected from you.
9. Because of the social nature of content shared through our Services, when you post or submit something publicly on our Site or through our Services, others may choose to add descriptive commentary and/or to perform actions to your content and/or to Share your content, making your content part of a social conversation that cannot later be erased without retroactively censoring the speech of others and/or removing content from another user’s profile. As such, and in order to maintain the integrity of the Services, you agree that the rights that you have granted under the user content, the license will continue to survive in perpetuity even if you stop using the Services or your account is otherwise terminated.
Upon termination of your Account or upon your deletion of any content from the Services, WhatNxt shall make reasonable efforts to disassociate such content from your Account; however, you acknowledge and agree that: (a) caching of, copies of, or references to such content may not be immediately removed; (b) such removed content may persist in backups for a reasonable period of time; and (c) such removed content may continue to be publicly available (and stored on our or third party servers) through the accounts of other users, if the same has been posted or shared by other users or are a part of a social conversation.
ELIGIBILITY
To participate in any Paid Contest, you must meet the following eligibility criteria:
You must be above the age of 18 years.
You must be residing in India.
You must have a valid Indian Gmail account to create an Account.
We may conduct video kyc verification(Aadhar, Pan etc,.) if we suspect any account. Based the verification(or No response from user) we may terminate/inactive account.
Please note that Paid Contests or withdraw are not permitted in the following states (“Restricted States”):
Andhra Pradesh;
Assam;
Nagaland;
Sikkim;
Telangana
You agree that You are not from any of these Restricted States and You shall refrain from making any false disclosures, declarations and/or representations to Us to circumvent the applicable laws and/or regulations of the territory of India (“Applicable Law”) of the Restricted States to participate in any Paid Contests.
CONTEST RULES AND FORMAT
CONTEST RULES
You agree and acknowledge that:
To participate any Contest(s), You are required should have enough coins in your account.
You must finalize Your Team or predict right answer for the relevant Contest before the start time and/or any other adjusted time (as specified below) of the Sports (“Contest Deadline”). We may notify any extensions to the Contest Deadline in advance.
User have option for create /multiple team for fantasy contest. We reserve Our right in Our sole discretion, we may or may not be restrict the maximum number of Teams You may submit for each Contest format.
You may participate in the Paid Contests by paying a pre-designated amount as specified on the relevant Contest page (“Pre-Designated Amount”).
For each Contest, We will create a prize pool consisting of contributions from all participating Users (“Prize Money Pool”).
For clarity, we have no right or interest in this Prize Money Pool.
We reserve a right to deduct a fee from the Pre-Designated Amount in lieu of the Service being provided by Us (“Platform Fees”) and the balance amount shall constitute Your contribution towards the Prize Money Pool.
From time to time, we may conduct/organize promotions/offers on the Platform. Your participation in such promotions/ offers shall be in accordance with the terms and conditions applicable to the Promotion.
We may not provided any line up detail, User responsible to verify line up detail for fantasy team.
In fantasy team, there was 4 player is Maximum and Minimum for join the contest. If user team team reach the targeted team than that team eligible for winning amount.
For points table calculation, please see the how to play screen it's available in contest page in user app.
Prior to creating your Team or joining prediction contest, We strongly recommend You conduct Your own independent research of player statistics, pitch conditions, weather conditions, player performances, track record of competing teams, Bowler Skill and batsman skill.
We have rights to cancel the contest or not publishing the contest for any time, if user joined that canceled contest than user joined coins will be refunded to original balance/Promo Balance or provide the coupon to customer.
If noticed wrongly updated any points in fantasy player or wrong prediction answer than we have rights to rollback and update to correct one or else whatnxt service provide to refund amount to original balance/Promo Balance or provide the coupon to customer.
In participating in Contests, You agree to strictly comply with the Terms, including additional rules published by Us, such as:
(a) “Fantasy Rules / Prediction contest” ( available at How to Play - WhatNxt App)
(b) any other rules and regulations (including without limitation in relation to payments made to participate in any Contest)
CONTEST FORMATS
Public Contest
A Public Contest is a Contest where You can participate without any restrictions.
Features of Public Contests:
Public Contest can either be a Flexible Contest or a Non-Flexible Contest.
We reserve the right to cancel the Contest any time. If cancelled We will return Your Pre Designated Amount without any deduction.
We will declare the winning/losses in see result page which is available in all contest page in whatnxt app.
WINNING
WINNER DECLARATION
In Fantasy contest, winning team will declared once match completed based on Fantasy player winning points.
Prediction contests, winner will be declared with in end of match or within the 5 to 10min.
GENERAL RULES FOR DISTRIBUTION OF WINNINGS
We reserve the right to vary or modify the winnings at Our discretion before the Contest Deadline.
You agree that any winnings in the nature of prizes or rewards awarded by Us shall be governed by the terms and conditions of such specific promotional events.
We reserve the right to disqualify any Winner and prevent them from withdrawing their winnings or receiving any prize if:
Any of the document or information submitted by You are incorrect, misleading, false, fabricated, incomplete or illegible; or
You created teams/Played any prediction on behalf of other Users.
You do not abide by these Terms.
You have falsely declared your State and entered the contest from prohibited states as per above.
TABULATION AND SCORING
We use own website/App of the Sports to obtain scores and relevant information required for calculating the fantasy points.
If there is an error in calculating the fantasy points/Incorrect Prediction answer that are brought to Our attention due to inaccuracies or incompleteness of the information provided by the Data Feed Provider(Own/Third Party), We shall do Our best to rectify said errors before distributing the prizes.
VERIFICATION OF WINNERS
We or our third-party service providers working on behalf of us may contact the Winners on the email address provided at the time of Account creation. At this stage, Winner will be explained the details of the verification process and the documents required for collecting the prize.
If You have been declared as a Winner on Our Platform but have not received Your Winnings, You may contact Our Contact Support within forty-eight (48) hours of the Winner declaration to help us resolve your concern at the earliest.
You agree and acknowledge that Our decision with respect to awarding the Winnings as per the Terms will be final and binding on You.
PAYMENT TERMS
The below terms govern all payment-related transactions made by You, and You agree to abide by them.
PAYMENT ACCOUNTS
By accessing and using Our Platform, You are provided with the following categories of accounts for processing and reconciling Your payments:
Unutilized Account - This account holds any amount remitted by You through a designated payment gateway for availing Our Services; and
Winning Account - This account holds your winnings in any Paid Contests.
DISCOUNT OFFERED
In order to conduct promotional activities and provide incentives, We may issue promotion to You which may be utilised for joining any paid Public Contest(s) (“Discount(s)/Promotion”). You agree to the following
You shall not be permitted to transfer or withdraw any amount of Promotion/Coupon offered to any other account including Your bank account.
There is no restriction for using the promotion coins while joining the any contest.
In Future , we may utilisation of any Discount/Promotion shall be subject to certain terms which will be notified to You at the time of issuance of any Discount.
Discount shall be issued at our sole discretion and will not be demanded as a matter of right.
Discount will be applied towards the Pre-designated Amount for joining any Contest.
Upon termination of Your Account, all Discount/Promotion shall be forfeited and You shall not have any right or interest on such Discount/Promotion.
Any Discount issued to you may take up to 24 hours to reflect in their respective Discount account as defined below. You agree not to hold Us responsible or liable for any delay, including any loss of opportunity to join any Contest(s) due to delay in crediting the Discount.
In the event of any conflict between these Terms and the terms specific to the Discount, if any, the Discount terms shall prevail.
We offer the following Discounts
Discount Point
We may award discount points at the time of a successful deposit in your Unutilised Account (“Discount Point”). Your utilisation of the Discount Points shall be subject to the following terms and conditions:
Discount Points shall be valid for a period of few months or Unlimited from the date of issuance
Discount Points shall be credited to your Promotion coin Balance (“Promotion Point Account”).
There is no restriction for using the promotion coins while joining the any contest.
In future, While participating in any Paid Contest, a certain percentage of available Discount Points in Your Discount Point Account shall be applied to the Pre Designated Amount.
Deduction of Discount Points from the Pre-Designated Amount is in addition to any other Discounts available to You.
You agree that in the event of any request for refund of the amount deposited in the Unutilised Account, any Discount Points awarded to you in connection with such amount deposited shall stand forfeited and you will not be able to utilise such Discount Points.
If a match is abandoned or cancelled, the applicable Discount Points deducted from the Pre Designated Amount shall be returned to main balance or Your Discount Point Account.
Discount Bonus
We may at our discretion as part of our Promotion issue a Discount bonus to You in accordance with the terms and conditions applicable to such Promotions. (“Discount/Promotion Bonus”). In addition to the terms relating to the Promotion, You agree to the following:
Discount Bonus shall be credited to your Discount/Promotion Bonus account upon fulfilling the applicable conditions under the respective Promotions (“Discount/Promotion Bonus Account”).
Discount Bonus will be automatically deducted from the Pre- Designated Amount payable by You.
Discount Bonuses shall be valid for a period days or no expiry from the date of the credit
Discount Coupons.
We may grant Discount coupons at Our sole discretion and each Discount coupon shall be governed by the specific terms and conditions as notified by Us at the time of grant of such Discount coupons. You acknowledge that Discount coupons shall have their own validity and specific terms and conditions available on the Platform. In case of any conflict between these Terms and the terms specific to the Discount coupon, the terms specific to the Discount coupon shall prevail.
PRE - DESIGNATED AMOUNT PAYMENT
When You join any Contest, subject to the deduction of Discount Bonus and Discount Points (if any), the Pre-Designated Amount gets debited first from the Unutilised Account, and then from Your Winnings Account. For the Unutilized Account, debits will be made in order of the date when the funds were first credited.
If You do not have enough balance in either of your Accounts to participate in any Paid Contest, You will need to remit the Pre-Designated Amount required to join the Contest(s). You agree that any amount deposited shall be subject to deduction of applicable GST in accordance with these Terms.
WITHDRAWALS PROCESSING
You will be prompted to provide certain documents for processing your payments and verification purposes at the time of your first withdrawal.
The name mentioned on the identification document as provided by You at the time of withdrawal should correspond with the name provided by You at the time of Account creation.
User responsible for providing the correct account number or any other UPI payment.
We will process your withdrawal after verifying your bank account details and/ or UPI ID (as applicable). If the account verification required, we will debit the amount from your Winning Account and transfer it online to your bank account at the earliest.
We may charge any processing fee for the online transfer of funds from your Winning Account to Your bank account
We depend on banks and third parties to process transactions on Our Platform. Thus, we may take up to 24 hours to process any payments to Your bank account. You agree not to hold Us responsible or liable for any delay in processing any payments.
A transaction, once confirmed, is final, and no cancellation is permissible.
WhatNxt service rights to hold the withdraw amount for any user, if required any verification or appropriate usage or suspicious account or etc ..,
TAXES PAYABLE
From 01 October 2023, 28% GST is applicable on the amount deposited by You in Your Unutilised Account. You can view the GST paid on each deposit made by You in the Unutilised Account on the ‘My Transaction’ page on the Platform. The GST value listed on the invoice shall be the final GST amount charged to You
All winnings shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. With effect from 1st April 2023, TDS of 30% shall be deducted from Net Winnings (“NW”) on each withdrawal request placed by You.
For the purpose of calculating NW:
calculation of NW for the first withdrawal during the Financial Year (“FY”):
NW = A - (B+C)
A = Aggregate amount withdrawn from the Winning Account;
B = Aggregate amount of non-taxable deposit made in the Unutilised Account till the time of withdrawal;
C = balance amount in the Unutilised Account and the Winning Account at the beginning of the FY (“Opening Balance”);
NW shall be Zero if the sum of B & C is equal to or greater than Acalculation of NW during the FY in each subsequent withdrawal from the Winning Account
NW =A-(B+C+E)
A = Aggregate amount withdrawn from the Winning Account till the time of such withdrawal including the amount of such subsequent withdrawal;
B = Aggregate amount of non-taxable deposit made in the Unutilised Account till the time of such subsequent withdrawal;
C = balance amount in the Unutilised Account and the Winning Account at the beginning of the FY (“Opening Balance”);
E = NW comprised in earlier withdrawal or withdrawals during the FY until this subsequent withdrawal if tax has been deduced on winnings comprised in such withdrawal or withdrawals
NW shall be Zero if the sum of B, C & E is equal to or greater than Acalculation of NW at the end of the FY
NW =(A+D)-(B+C+E)
A = Aggregate amount withdrawn from the Winning Account during the FY;
B = Aggregate amount of non-taxable deposit made in the Unutilised Account during the FY;
C = balance amount in the Unutilised Account and the Winning Account at the beginning of the FY (“Opening Balance”);
D = balance amount in the Unutilised Account and Winning Account at the end of the FY (“Closing Balance”) and
E = Net Winnings comprised in earlier withdrawal or withdrawals during the FY until this subsequent withdrawal if tax has been deduced on winnings comprised in such withdrawal or withdrawals;
NW shall be Zero if the sum of B, C & E is equal to or greater than sum of A & D
In the event, You do not withdraw any of Your winnings during a financial year and You have Net Winning balance as of 31 March of each year, then TDS of 30% shall be deducted on such Net Winnings balance from Your Winning Account as on 31 March as calculated above.
In case of any revisions by the Government of India to the aforementioned rate or the definition of Net Winnings in the future, TDS will be deducted by Us in accordance with the then-current prescribed TDS rate and the revised definition of Net Winnings. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Net Winnings. We shall not in any manner be responsible for users' individual tax matters.
REFUNDS
We will refund any amount left in your Unutilised Account if your Account gets suspended or removed
(a) due to Our failure to provide Services,
(b) any instruction received from any government or regulatory authorityWe will refund the Pre-Designated Amount paid by You in case any Contest is abandoned in accordance with these Terms.
We shall deactivate Your Account pursuant to any direction issued by an appropriate government agency and/or competent authority. If We receive requisite instructions from such authority, We shall refund the deposited amount from Your Unutilised Account to the source account, subject to applicable processing fees.
In the event Our Services are not available due to reasons outside Our control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Our control, such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, epidemic, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of services available on Our Platform (each a “Force Majeure Event”), then We reserve the right to cancel any Contest and process refund of the Pre - Designated Amount.
If there is any request for withdrawal of amount deposited in Unutilised Account, such refund request shall be processed net of GST i.e. applicable 28% GST paid on the amount deposited in Unutilised Account shall not be eligible for refund as per applicable government laws.
USER FUNDS
You hereby authorise Us to appoint an independent third-party/ trustee/ escrow agent to act on your behalf (“Third Party”) who will be holding any amount deposited by You in a fiduciary capacity.
You acknowledge that
We do not hold any right, title and/or interest in the amount deposited by You.
the amount deposited by You will be used only for participation in the Paid Contest.
any amount deposited by You, shall not be forfeited by Us except in case where We receive an instruction from any government agency or competent authority.
You further authorize Us to instruct the Third Party to open a non-interest earning bank account(s) which will be used for the following payouts:
withdrawal of Your winnings;
payment of Platform Fee;
payment of taxes as applicable towards TDS on Net Winnings; and
Government (toward GST payable)
YOUR CONDUCT
In using and accessing Our Platform, You agree to observe the following code of conduct:
ACCOUNT INFORMATION
You are permitted to create only one Account on Our Platform. When creating Your Account with Us (or updating Your Account information), You agree that You will provide true, accurate and updated information and documentation. You will not provide any false and/or incorrect information and documentation nor impersonate or attempt to impersonate and/or otherwise assume the identity of another person without due authority. You will not commit any such fraudulent act which amounts to forgery and/or involves the fabrication of documentation.
You agree and acknowledge that the address-related details provided by You shall be treated as Your “Address on record” for the purposes of the Goods and Service Tax Act.
You agree that You shall promptly update your Account related details on Our Platform in the event of any change in such details and/or write to Our helpdesk in the event of any; a) change in Your Account related details and/or; b) any unauthorised use of Your Account to enable us to take remedial action.
MAINTAIN CONFIDENTIALITY
You will maintain the confidentiality of all information relating to Your Account, and You will not share Your One Time Password (“OTP”) or any credential with any other person;
You will not engage in any fraudulent conduct in logging into another user’s account by asking for their account-related information or taking their OTP or others login account.
COMPLIANCE WITH APPLICABLE LAW
You agree to comply with Applicable Laws.
You agree that You shall not commit any illegal act that disrupts Our systems.
VIOLATION OF PLATFORM TERMS
You shall not engage in any Fair Play Violation.
You shall not violate any of the Terms in using and accessing Our Platform and Services;
You shall not misuse any Discount and/or any other offers or promotions given by Us.
You agree that you shall use the Platform and Our Services solely in Your personal capacity, and You will not engage in malpractices or collude with other Users in deriving any benefit and/or running any business in connection with the use of Our Platform and/or Services.
You shall not be engaged in any form of insider trading, i.e. illegally sharing and seeking non-public information, knowledge of participating teams in any given contests/match, strategies, organizing boards, leagues etc. which may give You an unfair competitive advantage. (“Insider Trading”)
You shall not tamper, modify, or otherwise deal with our data, content, software, technology and/or Intellectual Property by any means.
RESPONSIBLE PLAY
We're committed to fostering responsible gaming for all our users. You agree to participate in the Contests responsibly by making informed decisions and playing within Your means. You are encouraged to seek help if needed.
ADDITIONAL FEATURES
We offer Our Users additional features on our platform
Chat Feature: is a tool that allows You to communicate with each other in real-time on the Platform either in a public setting (“Chat Feature”). You agree to observe the following code of conduct:
You shall not engage in illegal, obscene, abusive, offensive, racially insensitive, communal, objectionable, defamatory, or otherwise inappropriate and immoral conduct
You shall not harass, bully, stalk, threaten, or otherwise violate any rights of other Users;
You shall be responsible for all content published, contributed, and made available by You on Our Platform. This includes any content You share with Us (“User Content/Your Content”).
Your Content shall not be immoral, profane, defamatory, or offensive;
You shall not use Our Platform for advertising, offering or selling any goods or services for commercial gain except with Our prior written consent;
You shall not restrict or inhibit any other User from using Our Platform;
You shall not publish any content on Our Platform which is patently false, with the intent to mislead or harass any person or third party, whether for financial gain or to cause any injury to any person or otherwise;
You shall not collude with any other User(s) or engage in syndicate play;
You agree that such behavior qualifies as User misconduct.
You shall not spam other User(s) by sending any unsolicited communications;
You will not collect, store, or obtain any information about other Users without their prior written consent;
You shall not engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nations.
You agree to adhere to the Community Guidelines.
OUR RIGHTS AND OBLIGATION
YOUR CONTENT
We reserve our rights to remove (without notice) any offending/illegal/objectionable/ infringing content posted by You and take such necessary action as We may consider appropriate concerning Your Content;
CONTEST
We may choose to:
Revise the roster of players available for selection in relation to any Contest/Sports offered on Our Platform based on the official information We may receive from the sports organiser or any third-party sources.
Withdraw and/or cancel any Contest without prior notice to You should the carrying on of such Contest be prohibited and/or require any governmental, statutory or regulatory compliances or approvals;
Adjust the Contest Deadline or Abandon any Contest.
We reserve the right to abandon a Contest upon the occurrence of circumstances beyond Our reasonable control, including circumstances specified below:
if the Contest Deadline for cricket matches is extended by more than 10 minutes, or 3(three) overs have been bowled (whichever is less), before the official start time of the cricket event;
There is no deadline for some few prediction contest, you can join for any ball but before current ball we are locking to choosing the answer and next prediction ball might available for predict the answer.
If the Sports is rescheduled to take place after the Contest Deadline for any reason, including interruptions and delays caused due to weather, toss delays, non-availability and non-appearance of Teams, technical glitches etc and the start time of the relevant Sports cannot be verified by Us through publicly available sources.
We reserve Our Right to adjust the Contest Deadline upon the occurrence of circumstances beyond Our reasonable control, including the following circumstances:
Suppose the cricket event is rescheduled to take place before the Contest Deadline. In that case, We reserve Our Right to adjust the Contest Deadline by a maximum of 10 minutes, or 3(three) overs bowled (whichever is less), before the official start time of the cricket event;
If the cricket event is rescheduled to take place before the Contest Deadline and the official start time of the cricket event cannot be determined and verified by Us through publicly available sources, We may adjust the Contest Deadline to such a time by which a maximum of 3 overs in a given match are bowled; or
If the Sport is rescheduled to take place after the Contest Deadline for any reason including, interruptions and delays caused due to weather, toss delays, technical glitches etc., based on reliable and/or publicly available sources, We may extend the Contest Deadline to a time which is synonymous with the actual start time of the Sport.
OUR SERVICES
We may choose to
Change, discontinue or suspend all or any part of Our Service;
Suspend or terminate Your Account as directed by an appropriate government agency and/or competent authority.
BREACH OF TERMS
In case of breach of these Terms or if We reasonably believe that You have breached these Terms, We may choose to:
Restrict, suspend, deactivate or permanently delete Your account with Us (including all related information that You might have provided to Us)
Disqualify You from participating in a Contest;
refrain from awarding any prizes to You or forfeit Your winnings
initiate appropriate civil/criminal proceedings as We may consider appropriate in addition to forfeiture and/or recovery of prize money.
INTELLECTUAL PROPERTY RIGHTS
You agree that We (including Our partners, licensors and/or associates) own all intellectual property rights in and to the software underlying the creation of Our Platform, including all material and content published by Us on Our Platform, which includes (but is not limited) to the following:
Our Contests
Our software/technology
Our advertisements
Our written/published content
Our images, graphics, photographs, illustrations
Our marks, logos, trade name
Audio and visual clippings used and published by Us
Flash animation (“Our Intellectual Property Rights/Our Content”)
You agree that in accessing Our Intellectual Property Rights, You shall not do the following without Our prior written consent:
Modify, distribute, publish, transmit, reproduce, or otherwise deal with Our Intellectual Property Rights; or
Create derivative works of Our Intellectual Property Rights or in any way exploit Our Intellectual Property Rights.
You agree that:
You own all the intellectual property rights in Your content;
Your content will not result in any infringement claims from any third party; and
We are not liable for any of Your content shared and/or contributed by You on Our Platform.
You grant us a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable, and transferable license to use Your content for the following:
use, reproduce, distribute, publish, and transmit Your content; and
otherwise, create any derivative works of the User Content for the following purposes:
display of User Content on Our Platform;
distribution and/or storage of User Content (either electronically or via other media) for any purpose; and
storing Users' Content in a remote database accessible by Users, for a charge
PRIVACY POLICY
All Your personal information collected (including financial data) is subject to Our Privacy Policy which is available at Privacy Policy. You are encouraged to review this Privacy Policy to understand the data we collect and the purpose for which such data is collected.
GRIEVANCE REDRESSAL MECHANISM
In case you have any complaints or grievance pertaining to (i) any User Content that You believe violates these Terms including any infringement of Intellectual Property Rights, (ii) Your access to the Platform, please share the same with Us by writing to: <>. On receiving such a complaint, grievance or notice, the grievance officer may reach out to You to seek further clarification, or to verify Your complaint. The name and title of the Grievance Redressal Officer are as follows:
Name: Pravin Doose
Email: pravingriev@whatnxt.infoThe Grievance Officer identified above is pursuant to the provisions of Applicable Laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through the publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.
You agree that regardless of any statute or law to the contrary, any complaints or grievances arising out of or related to the use of Our Platform or these Terms should be filed within thirty (30) days of such claim to enable us to resolve Your complaint at the earliest.
LEGALITY
Fantasy Sports offered by Us on our platform is a game of skill and a legally and constitutionally protected business not amounting to betting, gambling and wagering held by the Supreme Court of India and different High Courts of India in multiple judgments.
These Contests require You to use Your knowledge, judgement and expertise to primarily determine Your success in such Contests rather than relying on chance.
PUBLICITY
By accepting a prize, You grant Us and Our affiliates an irrevocable, royalty-free, worldwide, perpetual license to use Your name, likeness, image, voice and comments/ testimonials for any purpose, including but not limited to advertising and promotional purposes in any media.
We may organize promotional activities for which We may require Your presence. We will communicate the details of these activities to You. These promotional activities may include press events, internal meetings and ceremonies/functions.
LIMITATION OF LIABILITY AND INDEMNIFICATION
By accessing Our Platform, You hereby agree to indemnify Us and/ or any of Our directors, employees, partners, affiliates, associates and licensors (“Representatives”) against all liability, cost, loss, claims or expense arising out of Your access to Our Platform, arising due to any negligence on Your part and/ or any illegal act on Our Platform and/ or non-compliance with these Terms.
Neither We nor Our partners, affiliates, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of Your use of or inability to use Our Services, even if We have been advised of the possibility of such damages.
You, with this, waive each and every right You may have against Us and/ or Our Representatives for any injuries, accidents, or other events that may occur as a result of You accessing Our Platform, participating in Contests, or receiving Contest prizes. This waiver includes any known or unknown, anticipated or unanticipated events.
GOVERNING LAW AND DISPUTE RESOLUTION
The courts of Mumbai shall have exclusive jurisdiction to determine any and all disputes related to Our Services [(including the Contest(s)] (“Dispute”) and grant interim relief in any Dispute referred to arbitration as given below. Any Dispute will be governed by the laws of the Republic of India.
If there is a legal Dispute, the party raising the Dispute must send a written notification (“Notification”) to the other party. The parties will then try to resolve the Dispute through amicable discussions. Suppose the dispute remains unresolved within fifteen (15) days of receiving the Notification, in that case, the dispute will be settled through arbitration. We will appoint a sole arbitrator to conduct the arbitration proceedings in English as per the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be Mumbai.
The arbitration award will be final and binding on the parties. Each party will pay for the costs of arbitration and equally share the arbitrator's fees unless the arbitral tribunal decides otherwise. The arbitrator can pass interim orders and awards, including 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 shall restrict Us from seeking and obtaining interim or permanent equitable or injunctive relief or any other relief available to safeguard Our 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 Our part to pursue any remedy for monetary damages through the arbitration described herein.
OTHER TERMS
These Terms govern Your use of Our Platform and Services and supersede any prior agreements that You may have with Us.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event any of the provisions of these Terms are held to be invalid, illegal or unenforceable by any competent authority for any reason, the remaining portions of these Terms, if capable of substantial performance, will remain in full force and effect.
Our employees are not eligible to participate in any paid Public Contest, which is a Public Contest.
You acknowledge that You may be subject to additional terms that govern your transactions on Our Platform. You agree that if there is any conflict between these terms and the additional terms, the additional terms will prevail.
We may assign our rights and liabilities in relation to the Services offered by Us to any entity as we may deem fit in course of our business activity.
DISCLAIMERS
We will not be liable for any delay or failure to render the Services resulting from any Force Majeure Event.
You may access Our Platform at Your own risk. We are not responsible or liable for any loss or damage (including injuries, death, or loss of property) that You or anyone else may suffer while accessing Our Platform.
You agree that Our Platform may contain third-party advertisements and links to websites/services owned and operated by Our affiliates and/ or third parties (“Third Party Content”). We do not endorse the Third Party Content or services of any third parties included on Our platform. We cannot guarantee the accuracy, reliability or quality of such Third Party Content. Your reliance on Third Party Content is at Your own risk. Any claims that You have regarding Third-Party Content should be directed to the third party in question.
We will not be held responsible for any issues with the storage, deletion, delivery, or accessibility of information or materials to the extent allowed by law.
We do not provide any warranty for Our Content, which is provided on an "as is, as available basis”.
We are not responsible for any errors or inaccuracies in the team starting line-up data provided on Our Platform, as it is obtained from external sources or publicly available information.
We are not responsible for any inaccuracies in calculating fantasy points or the selection of winners due to inaccurate or incomplete information received from any third-party service provider.
We make no representations or warranties regarding the quality, suitability or merchantability of any prizes and are not liable with respect to the same.
We will not be liable for your inability to access Our Platform for any reason beyond our control such as network outage, telecommunication failure, internet suspension,virus, malware etc.
We are not responsible for any errors in communication, or omissions in communication, including any errors made by You, which may prevent the results from being communicated to You.
We are not liable for any consequences arising from You sharing any confidential information including but not limited to OTP with any other person.