Terms of Service

Agreement

All products and services, including but not limited to the https://www.howzat.com/ website and mobile app and the games and services provided through them (referred to collectively as "Services" hereinafter), provided to you and offered by Junglee Games India Private Limited (hereinafter referred to as “Junglee Games” ), a company incorporated under the Companies Act 1956, with its corporate office at Obeya Tulip, No. 100, Regent Insignia, 100 Feet Road, 4th Block Koramangala, Bengaluru Urban, Karnataka, 560034, and/or its affiliates, subsidiaries, associates and partners (hereinafter collectively referred to as "We/we" or "Us/us", “Howzat” or "Howzat.com" or "Our/our") through the https://www.howzat.com/ website and/or mobile app (hereinafter referred to as "Website/Mobile App" ") are subject to these Terms of Service (hereinafter referred to as "Terms" or “Terms of Service” or “Agreement”).

We strongly advise you to read these Terms of Service carefully and understand them well before using Howzat Website/Mobile App or any of our Services, including Howzat games, software, and all Howzat services. “You" in these Terms of Service refers to every user, player, as well as every visitor to our Website/Mobile App. All the clauses in the Howzat Terms of Service are delineated below and included in the medium of reference that can be accessed by clicking on the related links. You must make sure that you have read and understood this Agreement well before becoming a user of Howzat. By registering on Howzat, you agree to follow these Terms of Service, Privacy Policy, and all game rules and contest terms (hereinafter collectively referred to as “Game Rules”). You are completely bound by our Terms of Service in any instance when you choose to use any part of our Services. 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 will update the Terms of Service on our Website/Mobile App to incorporate such changes. We will try to inform you of the changes/revisions by sending you a notice at your email address registered with us. However, it shall be solely your responsibility to stay updated on our Terms of Service by reviewing them on our Website/Mobile App from time to time. We may make changes to our Terms of Service in order to amend or change any of our policies and/or game rules. If you do not agree to the changes made, you may cease your use of our Services of online fantasy games by informing us that you want to get your account deactivated. If you continue to use our Services after any amendments or changes, it will be assumed that you have read and understood the changes made to our Terms of Service and you agree to our new Terms of Service.

Warranty

Howzat aims to provide information that is accurate, complete, and reliable at the time of publishing or posting it. However, Howzat makes no representations about the correctness, completeness or suitability of any information published on its Website/Mobile App or contained in its Services or any documents. All the information and related graphics are provided on an "as is" basis without warranty of any kind, express or implied. Howzat hereby disclaims all warranties with regard to such information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Regardless of Howzat’s efforts to provide its users with the Services of the highest quality, Howzat does not provide users with any warranty or representation whatsoever regarding the quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of its Services, software, Website, Mobile App or fantasy sports games. Howzat makes no warranty that its Services, including but not limited to, software, Website, Mobile App, games and servers, will be uninterrupted, timely or error-free, that defects will be corrected or that the features and Services provided therein will be free from viruses or bugs of any kind. Howzat reserves the right to determine, at its sole discretion, whether it is responsible for any malfunction or disruption. Howzat reserves the right to limit your tournament/game participation or terminate your account in case it determines that you have intentionally caused a malfunction or disruption in its Website, Mobile App or Services. Howzat is not liable for any potential winnings from any unfinished tournaments or unfinished online fantasy sports games. Howzat will not compensate the user for any potential winnings in any unfinished contest, game or tournament under any circumstances.

Use of Software

Commercial use of our software is strictly forbidden. Users are only allowed to use the software for their personal entertainment. Under no circumstances shall users be permitted to use their Howzat.com accounts for any purposes other than playing Howzat games for entertainment. Users may not attempt to modify, decompile, reverse-engineer or disassemble Howzat software in any way. The use of artificial intelligence including, without limitation, robots is strictly forbidden in connection with the Howzat software and games. All actions taken in relation to fantasy sports games by users must be executed personally by users using the user interface accessible through Howzat software.

Your Password Is Your Responsibility

After you have registered on our Website or Mobile App, it is solely your responsibility to keep your password absolutely confidential. Make sure you do not share your password with anybody, be it your family, friends or anyone else. Howzat is not responsible in any way if your user account is logged in to or accessed by anybody else using your password.

Eligibility and Jurisdiction Policy

Our games, tournaments, leagues and contests (collectively referred to hereinafter as “Contests”) are meant only for persons aged 18 or older.
The Contests are meant only for persons residing in India at the time of participation.
Howzat may, in accordance with the laws prevailing in certain Indian states, bar people who reside in such Indian states from participating in any Contests. Currently people who live in or are logged in from Assam, Telangana, Nagaland, Sikkim or Andhra Pradesh may not participate in any paid or cash Contests on Howzat.com, as the laws of the aforementioned states prohibit the residents of the respective states from participating in real money games online.
Only those users who have successfully registered on Howzat.com as well as registered for a contest prior to its each round in accordance with the Contest rules and the conditions outlined above will be eligible to participate in the Contest and win any prizes.
You are prohibited from playing cash games/tournaments on Howzat if you are not legally competent to make transactions in Indian rupees through banking channels in India and/or if you are not accessing Website/Mobile App from a jurisdiction where playing cash games/tournaments online is legally permitted. Any violation of this policy will be considered a breach of our Terms of Service and as a result Howzat may take such steps as it may deem fit and/or necessary.

Please note that we are not obligated to cross-check or verify your information and hence Junglee Games does not take any responsibility for any consequences or outcomes that may result from you providing false, incorrect, incomplete, concealed, misleading, or irrelevant information. Therefore, you are required to provide Junglee Games with complete and authentic information to the best of your knowledge to play our games or use our Services. Also, you should not be a politically exposed person (as defined under applicable laws) or convicted of any crime. You should not be on the UN sanction list/ work for any company on the UN sanction list.

Breach and Consequences

In the event of breach of any of our Terms of Service, evidenced by our investigation, or if there is reasonable ground to believe that your continued access to our Website/Mobile App is detrimental to the interests of Howzat.com or its other users or the general public, Howzat may, at its sole discretion, take any or all of the following actions:

Restrict games between users suspected of colluding or cheating;
Permanently freeze your Howzat.com account;
Seize the money in your user account;
Demand damages for breach and take appropriate civil action to recover such damages, and/or initiate prosecution for violations that amount to offenses in law.
Additionally, in the event of a material breach thereof, Howzat reserves the right to bar you from future registration on its Website/Mobile App. The decision of Howzat Management on the action to be taken as a consequence of any breach shall be final and binding on you. Any action taken by Howzat.com shall be without prejudice to its other rights and remedies available in law or equity.

Governing Law, Dispute Resolution, and Jurisdiction

These Terms of Service shall in all respects be governed and interpreted and construed in accordance with the laws of India. The courts of competent jurisdiction at Bengaluru, India, shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Services provided by Howzat, the construction, validity, interpretation, and enforceability of these Terms of Service, or the rights and obligations of the user(s) (including participants) or Howzat, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below.

In the event of any legal dispute (which may be a legal issue or question) that may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of the 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 the Notification, the dispute shall be settled by arbitration.

The seat and venue of arbitration shall be New Delhi, 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 will be enforceable in competent courts. The arbitrator shall give a reasoned award.

Nothing contained in these Terms of Service shall prevent Howzat from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Howzat's 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 Howzat to pursue any remedy for monetary damages through the arbitration described herein.

Content

All content and materials on the Howzat Website and Mobile App, including, but not limited to, information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, games and software (collectively referred to as "Content" hereinafter), whether or not belonging to Howzat, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any users can be logged/recorded by Howzat and shall form part of the Content, and Howzat is free to use this material in any manner whatsoever.

The Howzat Website and Mobile App may contain information about or hyperlinks to third parties. In such cases, Howzat is not in any way responsible for the content on such websites, and it does not provide any express or implied warranty of the accuracy, completeness, suitability or quality of the content belonging to such third-party websites. You may choose to rely on any third-party content (content that does not belong to Howzat) posted on the Howzat Website/Mobile App solely at your own risk and liability.

If you visit a third-party website through any third-party content posted on Howzat.com, you shall be subject to the terms and conditions applicable to that content and website. Howzat neither controls nor is responsible for the content published on such third-party websites. The existence of a link to a third-party website on the Howzat Website/Mobile App is not in any way an endorsement of that website by Howzat.

Contest Formats

Howzat provides Contests in two separate formats: (1) Public Contests, 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 to a Contest and restrict participation to such invited users. All rules applicable to Contests as set out herein shall be applicable to both types of Contests.
Public Contests

In Public Contests, Howzat may offer Contests comprising 2 participants, 3 participants, 5 participants, 10 participants, 100 Participants, or any other pre-designated number of participants.
Howzat may offer Public Contests in the real money gaming format and the winner will be determined at the end of the Contest.
The number of participants required to make a Contest operational will be pre-specified and once the number of participants in such Contests equals the pre-specified number required for that Contest, the Contest will be operational. In case the number of participants is less than the pre-specified number at the pre-decided time of commencement of the Contest, such Contests shall not start and shall not be operational, and the participation fee paid by each participant will be credited back to the account of the respective user without any charge or deduction.
Howzat Contests designated as "Guaranteed Contests" will become operational once the number of participants in such Contests equals the pre-specified number of winners to be declared in such Contests, even if all the available participant slots (as pre-specified in relation to the Contests) remain unfilled. It is clarified that notwithstanding the activation of such Contests, participants can continue to join such Contests until (i) all the available participant slots in such Contests are filled up, or (ii) the real-world game on which a Contest is based commences, whichever is earlier. In case such Contests are not operational by the specified time of the commencement of the Contest, the participation fee paid by each participant shall be credited back to the account of such user(s) without any charge or deduction.

Private Contests

In Private Contests, Howzat allows Users to create fantasy cricket Contests ("Private Contests") and invite other users, whether existing users or new users, to create fantasy teams and participate in the Contests. A user may create a Private Contest allowing the participation of a pre-specified number of participants, that is, 2 participants, 3 participants, 5 participants or 10 participants. The user creating a Private Contest shall pay a participation fee for the Private Contest, give a name to the Private Contest and join that Private Contest and be provided with a unique identification code (Fantasy League Code). The Fantasy League Code will be issued to the account of the user creating the Contest. The user agrees that once a Private Contest is created, no change to the terms or constitution of the Private Contest will be permitted, except a change in the name of the Contest. The user creating a Private Contest shall provide Howzat with the email addresses or Facebook usernames of all the invited users to enable Howzat to send a message or email inviting each invited users to register on Howzat.com (if necessary) and participate in the Private Contest to which they have been invited.
To participate in a Private Contest, an invited user shall enter the Fantasy League Code of the Private Contest and pay the participation fee for the Private Contest. Once the number of participants in a Private Contest equals the number of pre-specified number of participants for that Private Contest, the Private contest shall be rendered operational and no other invited users or other users shall be permitted to participate in that Private Contest. In the event that a Private Contest does not get the pre-specified number of participants for that Private Contest until 1 hour prior to the commencement of the game/Contest, the participants of such Private Contest will be provided with the option to convert the Private Contest into a Public Contest, and permit the participation of users without the Fantasy League Code. It is clarified that Howzat undertakes such conversion in a serialized manner and cannot and does not warrant that any Private Contest will be converted into a Public Contest prior to the commencement of the game/Contest, or that any users will join such Contest to make it operational. In case the number of participants in any Private Contest (or converted Contest) is less than the pre-specified number at the time of commencement of the game/Contest, such Contest shall not start and the participation fee paid by each user will be credited back to his/her account without any deduction or charge.
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 Howzat shall not be liable to anyone for the inability of any invited user to participate in any Private Contest due to any reason whatsoever, including, without limitation, a hardware or technical malfunction or lack of eligibility of such invited user to participate in the Contest.

Fantasy Score and Feeds

Howzat may obtain the score feed and other information required for the computation, calculation and tabulation of scores from third party service providers. In the rare event that any error in the computation or tabulation of scores, selection of winners, etc. as a result of inaccuracy or incompleteness of the feed provided by the third-party service provider comes to its attention, Howzat.com will make the best efforts to rectify such error prior to the distribution of prizes. However, Howzat.com 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 not be responsible for inaccuracies in computation and tabulation of scores or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service providers. Users and participants agree not to make any claim or raise any complaint against Howzat in this respect.

Starting Line-up: The purpose of indicating a player's inclusion in the final starting line-up is only to provide information and assist a user in selecting his/her team on Howzat. A player's inclusion in the starting line-up is indicated by Howzat on the basis of the information/data received from feed providers and publicly available information. Users are advised to do a thorough research of their own using official sources and/or other available sources of information to verify the information. Howzat shall not be liable or responsible in any way if a player indicated as 'playing' does not play or start the game for any reason whatsoever.

Bonuses and Benefits

Bonus: A bonus can be used only as a percentage/part of an entry fee. The permitted percentage or portion of the entree fee that can be paid from Bonus balance is mentioned on the contest card. If a user does not have sufficient Bonus balance to join a contest, the amount shall be deducted from his/her Deposit balance. A user can get a bonus in 3 ways: by availing deposit offers, by referring friends to Howzat, and in certain occasional promotions.

Instant Cash: Instant Cash is added to an eligible user’s Deposit account/Deposit balance. The full Instant Cash amount can be used to join cash contests. Sometimes Instant Cash comes with a fixed-period validity. In such a case, the user is informed about the expiry of Instant Cash.

Referral Bonus: It is the total cash amount that a user is eligible for for referring his/her friend to Howzat. It is a sum of Instant Cash and Referral Bonus.

Free Entry Contests: You can join a Free Entry Contest without paying any entry fee whatsoever but you can win a cash prize by beating your opponents in that Contest.

Bonus and Instant Cash

The following conditions apply to all the Howzat bonuses and promotions/offers (Instant Cash, Referral Bonus, etc.) on www.Howzat.com and all users who receive a bonus or promotion amount are bound by them:

Deposit Bonuses are added to the Bonus account.
Instant Cash given to the winners of Howzat promotions is added to their Bonus accounts.
The Sign-up Bonus/Welcome Bonus and Referral Bonuses are added to the Bonus account once a user makes a minimum deposit of ₹100.
A user cannot join Private Contests using a Referral Bonus or a part thereof.
A user cannot withdraw cash from his/her Bonus account or Deposit account.
The Bonus balance can only be used to join cash Contests. Money won in cash Contests can be withdrawn as cash.
All Playable Bonus and all Locked Bonus given to a user expires in 30 days from the day of disbursement if it is not utilized.

Prizes

A user can win multiple Contests and prizes in a day.
A user can make a withdrawal only if he/she has made at least one successful cash deposit on Howzat.
Every user is allowed only one entry in any Free Entry Contest. No user is allowed to join Howzat Contests using multiple accounts.
Freight and shipping charges and customs duties, if any, on all prizes shall be borne by winners.
As per the new income tax rules issued by the Government of India, 30% TDS (tax deducted at source) will be deducted from the Net Winnings (Net Winnings = Withdrawals − Deposits − FY Opening Balance) included in the withdrawal amount at the time of withdrawal or at the end of the financial year.
All prizes shall be subject to tax deduction (TDS) as per the Income Tax Act 1961. Winners will be provided with TDS certificates in respect of such tax deductions. Winners shall be responsible for the payment of any other applicable taxes, including, but not limited to, the income tax and gift tax in respect of the prize money.
Howzat does not consider any changes made to the scorecard once the settlement is done.
By downloading and/or using the licensed Howzat application, you acknowledge and agree to the following:
Howzat, its subsidiaries and all group companies that collectively come under the name Howzat are in no way responsible for the application and the content within. Also, your use of this application and Website/Mobile App is limited to a non-transferable personal use.
Howzat has no obligation of warranty with respect to the Website, Mobile App or Content on Howzat. All claims, liabilities, losses, damages, costs and/or expenses that occur because of using Howzat Website, Mobile App, Services, or the content on Howzat are the sole responsibility of the user. Howzat is not in any way responsible or liable for any liabilities, losses, damages, costs or expenses that occur because of your use of the Howzat Website, Mobile App, Services, or Howzat Content.
Howzat is not responsible for any third-party infringement claims that your possession and/or use of any third-party's intellectual property may cause.
Howzat allows people living in all the states and union territories of India, except Assam, Telangana, Nagaland, Sikkim and Andhra Pradesh, to participate in real money Contests on Howzat.
All the standard Howzat terms and conditions apply.
The decision of Howzat management shall be final and binding in case of any disputes.
Howzat representatives will approach players who win ₹10,000 or more in any contest for official text or video testimonials, which the players must provide.
Every winner will have to share a video testimonial with the Howzat Team. Howzat will have the full right to use the video for all promotional purposes.
Any cash amount won on the Howzat free app must be claimed within 30 days from the day of winning the amount. Users must get their Howzat accounts KYC-verified to claim the prize money won.
White Goods as prizes (Vehicles & Gadgets)
- Within twenty-four (24) hours of the match ending, the winners will get an email confirmation or a call informing them of their award. The winner has seven (7) days following the match's conclusion to contact our Helpdesk with any additional questions if they do not receive an email or call.
- As mentioned above, in the event that the winner's KYC is not confirmed, they must validate their KYC information to Howzat within fifteen (15) days of the winning announcement date.
- Within thirty (30) days after the winning date, the winner must claim their prize. If prizes are not claimed within this window, Howzat will reclaim them.
- Prizes that are claimed will be subject to a 30% TDS (Tax Deducted at Source).
- If the winner of the first prize chooses to receive a car or motorcycle, they will be given the vehicle at the ex-showroom price. The first prize winner will be responsible for paying the 30% tax on the ex-showroom price as well as any extra taxes and fees (such as insurance, handling, RTO, and taxes) to get the car on the road.
- If there are multiple winners for the white goods then the users are not eligible to get any of those whitegood prizes instead users will be awarded with the cumulative cash prize.
- The award or the equivalent amount in a wallet can be chosen by the winners. If the winners choose to get the comparable amount in a wallet, the value of the reward will be equal to the vehicle's ex-showroom/whitegoods price by deducting thirty (30%) percent tax (TDS).
- No white goods brand has any affiliation with Howzat and does not support, sponsor, or advertise any of the services, competitions, or quizzes on www.Howzat.com.
- The images are merely for representational purposes; the real model to be given may vary; and in this regard, Howzat's choice will be final and legally binding.
- Based on the market price on the day when the contest is taken live in the lobby, the amount of gold will be distributed (either gold/cash).
Contest Tickets
- All Contest tickets, including tournament/league tickets, are non-transferable. Only the user who buys/wins a ticket can use it.
- Tickets are not encashable. A user cannot exchange a ticket for any amount of money.
- Tickets do not have any monetary value.
- Tickets cannot be redeemed for cash or anything else. They can be used only for joining Contests for which they are issued.
- Tickets expire if they remain unused.
- Ticket holders are not unsecured creditors of the company. Tickets are merely a part of sales promotions/marketing campaigns.

User Funds

Subject to these Terms of Service, all amounts collected from a user are held in a separate non-interest-earning Trust Account, which is responsible for the management of the user account and the prize pool until the determination of winners and distribution of prizes. Howzat receives only its share of the platform fee through the said Trust Account and has no control over user funds.

GST Compliance and Deductions

In compliance with the amendments made in the Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017, the State Goods and Services Tax Act, 2017 and Rules made under the said Acts including Notifications issued under the said Acts (hereinafter collectively referred to as “GST Laws”) related to taxability of online gaming, Junglee Games is obligated to collect GST at the rate of 28% (28% of the deposit amount) from the amount deposited by players/users for playing on Howzat. Junglee Games and the player/user agree that the amount deposited by the player/user in his/her Howzat account will be deemed to be inclusive of GST. Accordingly, the GST portion of the amount deposited by the player/user will be deducted by Junglee Games from the player’s/user’s user account to be paid to the Government.

In the event that Junglee Games decides, at its own and absolute discretion, to refund an amount deposited accidentally by a player/user, the amount will be refunded only after deducting GST payable on such amount, in accordance with the GST Laws. No amount will be refunded in full and any refund is subject to Junglee Games’ and/or Howzat’s absolute discretion."

KYC

KYC verification is mandatory for a cumulative deposit of ₹50,000 or more or the first withdrawal, whichever happens first. KYC verification includes the verification of your ID, address, and mobile number. We reserve the right to verify your PAN and/or KYC documents (ID and address) from time to time and to rescind or cancel any prizes won by you if your PAN and/or KYC documents (ID and address) are found incorrect/inconsistent in our verification process.

Prohibited Conduct

You acknowledge and understand that you are prohibited from modifying the Services.
You agree not to use the Services for any other purposes, except as expressly permitted under this Agreement. Without limiting the generality of the preceding sentence, you shall not:
- violate any law or encourage or provide instructions to another to do so;
- profit in any manner;
- post any content that contains falsehoods or misrepresentations;
- post any content that may endanger life or lead to physical harm;
- post any content that is obscene, pornographic, paedophilic, invasive of another’s privacy, insulting on the basis of gender, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive or is otherwise inappropriate;
- post any content harmful to children;
- post any content that 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 cognisable offense or prevents investigation of any offense or is insulting other nation;
- post any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
- post any content materials protected by intellectual property rights, unless you have the necessary permissions.
- deploy or use contaminants designed to harm, interfere with the operation of, or access in an unauthorized manner, any portion or feature of the Service, any other systems or networks connected to the Services or Application;
- introduce or upload any contaminant that may damage the operation of another’s property or of the Services.
- engage in any automated use of the system, such as using scripts, using any data mining, robots, or similar data gathering and extraction tools or otherwise collecting or storing personal data about any other person;
- obtain any content or information through any means not intentionally made available through the Services;
- attempt to bypass any measures of the Website/Mobile Application, or exploit the Website/Mobile Application to gain access that would otherwise not be available;
- use any manual process or other process to monitor or copy any of the material on the Services;
- remove any copyright or other proprietary notices from Services or any of the materials contained therein;
- attempt to impersonate another user of Services;
- disparage, tarnish, or otherwise harm the Website/Mobile Application or Services;
- trick, defraud, or mislead Howzat and other users in any manner;
- decompile, reverse engineer, or disassemble attempt to derive the source code of, decrypt, modify, edit, alter, create derivative works of the Services, or any part thereof, or the Website/Mobile Application, Services or Content (except as expressly permitted under this Agreement);
- make any unauthorized use of the Services;
- gather information and data (including personal information) of any other user’s use of the Service for any reason;
- use any automated system for the selection, downloading or streaming of any portion of the Website/Mobile Application, apart from those specifically provided by the Website/Mobile Application;
You will not violate, and you will not encourage, assist, or authorize any other person for any reason whatsoever to violate, the security of the Website/Mobile Application or the Services, including:
- accessing data not intended for you;
- logging into a processor, computing systems, communications or access device or account that you are not authorized to access, including those of any other users;
- attempting to probe, scan or test the vulnerability of the Services or Website/Mobile Application or to breach security or authentication measures, regardless of your motive or intent;
- attempting to interfere with or disrupt the Services or Service to any user, processor, host or network; or
- violating the system or network security of Howzat or any user.

Non-compliance with this clause may result in civil or criminal liability. Howzat/Junglee Games will have the right to investigate such occurrences, which may include investigating your usage of the Website/Mobile Application or Howzat/Junglee Games. Howzat/Junglee Games may involve, provide information to, and seek assistance from law enforcement authorities in seeking remedies against such violations.

Data and Information

You agree that Howzat may, in accordance with our Privacy Policy (as amended from time to time), collect and use your personal information. Please refer to our Privacy Policy.

In accordance with applicable laws, your acceptance to use the Website/Mobile Application and Services constitutes your permission for Howzat/Junglee Games to use the details and information provided by you, in perpetuity, in any manner that Howzat/Junglee Games deems appropriate for publicity or marketing purposes of Website/ Mobile Application, without any compensation (whether monetary or otherwise) to you.

Intellectual Property Rights

All rights, titles, and interest in and to the Services, including all intellectual property rights arising out of the Content and all other elements in connection with the Website/Mobile Application, are owned by or otherwise licensed to Howzat and Junglee Games. Subject to compliance with this Agreement, Howzat and Junglee Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to use the Services in accordance with this Agreement. Your use of the Services, Website/Mobile Application and Content must strictly be for your personal and non-commercial use in accordance with this Agreement, and you agree not to sell or trade any proprietary material. Any rights not expressly granted herein are reserved by Howzat/Junglee Games.

You undertake to comply with all applicable laws, rules, regulations, and guidelines in connection with your access to and use of the Services, Website/Mobile Application, and Content. Except as expressly permitted, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense, or otherwise transfer or use the Services, Website/Mobile Application, or Content. Nothing in this Agreement grants you any synchronization, public performance, promotional use, commercial sale, resale, reproduction, rental or distribution rights in the Services, Website/Mobile Application or Content.

Except as expressly provided in this Agreement, you are not granted any right or license to the Services, Website/Mobile Application or Content.

You will promptly notify Howzat or Junglee Games in writing upon your discovery of any unauthorized use or infringement of the Services, Website/Mobile Application or Content or Junglee Games' patent, copyright, trade secret, trademarks, or other intellectual property rights.

Limitation of Liability

Howzat, Junglee Games, and its affiliates are not liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or for any loss of profits, revenues, data, business, production or goodwill, or for any other form of damages or losses in any manner arising out of or in connection with the Services, the Howzat Website, Mobile Application, Content, this Agreement, or any other interactions with another user of the Services, including but not limited to (a) any delay or inability to use the Website, Mobile Application or Services; (b) the provision of or failure to provide the Services, or for any information or Services obtained through the Website or Mobile Application; (c) or otherwise arising out of the use of the Website and/or Mobile Application or the Services of Junglee Games, regardless of the form of action or the basis of the claim or whether or not Junglee Games has been advised of the possibility of such damages.

Indemnity

To the extent permitted by law, and in consideration for being allowed to use our Services and participate in our Contests, you hereby agree to indemnify, save, and hold harmless and defend Howzat (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that Howzat may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses or awards asserted or brought against Howzat by any person in connection with:

infringement of their intellectual property rights by your publication of any Content on the Howzat Website/Mobile App;
defamatory, offensive or illegal conduct of any other user or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another user or otherwise;
use, abuse or misuse of your Howzat user account in any manner whatsoever;
any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of the Howzat Website/Mobiler App or the Services; and
access of your user account by any other person accessing the Services using your username or password, whether or not with your authorization or knowledge.

Refund Policy

All deposits and purchases made and all fees paid on Howzat to participate in Contests or in connection with Contests are final. All transactions are final. Howzat gives utmost importance to customer satisfaction, so only erroneous transactions shall be reviewed, at Howzat’s own and absolute discretion.

If you are not fully satisfied with any deposit/purchase made or any fee paid on Howzat and feel there is an error in the transaction, please reach out to Howzat within 3 days from the date of such transaction, and Howzat will review the transaction and determine the resolution at its own discretion.

Howzat reserves the right to cancel any matches for any reason, with or without disclosure of the reason, and refund all fees paid for such matches by any and all users.

Legality

Playing games of skill is legal as it is excluded from the ambit of Indian gambling legislations, including the Public Gambling Act of 1867. The Supreme Court of India, 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 is a game of skill and playing a game of skill for real money is not gambling or betting but business activity.

All Contests provided by Howzat are games of skill as participants’ success in the Contests depends primarily on their superior knowledge of the games of cricket and/or football and/or kabaddi and the knowledge of statistics, players' form, players' performance in a particular territory, conditions and/or format (such as ODIs, Tests, T20, T10, etc.) and attention the Contests in which they are participating. The Contests require participants to field well-balanced sides with limited resources and appoint a captain and a vice captain to score the most points.

Junglee Games is also an active member of the E-Gaming Federation (https://www.egf.org.in/member), also known as EGF. Our CIN Number is U72200DL2011PTC219472.

By participating in Howzat Contests, each participant acknowledges and agrees that he/she is participating in a game of skill, not a game of chance or luck.

Suspension and Termination

Howzat or Junglee Games may suspend or permanently terminate your access to and use of the Howzat Website, Mobile App, and Services at any time at its sole discretion. Upon suspension or termination of your access or user account, you shall not have the right to use or access the Website/Mobile Application or the Services. The foregoing will not limit any other rights or remedies under applicable law.

Upon the termination of this Agreement, you must cease usage of the Services, Website/Mobile Application and Content, and uninstall the Mobile Application, if applicable.

Termination of this Agreement by Junglee Games or Howzat will not relieve you of any obligations to pay any accrued or outstanding charges.

Entire Agreement

This Agreement contains the entire agreement between Junglee Games/Howzat and you with respect to its subject matter and supersedes any and all prior agreements or communications, whether oral or in writing, between Junglee Games/Howzat and you with respect to the subject matter hereof.

Severability

The invalidity or unenforceability of any clause in this Agreement will not affect the validity or enforceability of any other clause of this Agreement, and all other clauses will remain in full force and effect.

Survival

The provisions of this article, and any provisions relating to licenses, indemnity, governing law, jurisdiction, dispute resolution, confidentiality, intellectual property rights and other provisions that by their nature survive expiry or termination, and those representations and warranties that are required to supplement the above clauses for making them effective will survive the expiry or termination of this Agreement.

No Waiver

No failure to exercise or any delay in exercising any right, power, or remedy by a party under the Agreement will operate as a waiver. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy. A waiver is not valid or binding on the party granting that waiver unless made expressly in writing.

Amendments

Howzat/Junglee Games may modify or amend the terms of this Agreement, Privacy Policy, or any other policy as may be specified by Junglee Games by publishing/posting a copy of the modified or amended Agreement on the Website/Mobile Application. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Website/Mobile Application following the date on which the modified or amended Agreement is published. It is clarified that each time you use the Mobile Application, Website or Services, a revised or amended Agreement shall be applicable.

Third-Party Charges

You may incur access charges or data charges from third parties (such as your internet service provider or mobile carrier) in connection with your use of the Website/Mobile Application or Services. You are solely responsible for bearing all such charges.

Force Majeure

Howzat/Junglee Games shall have no liability whatsoever in the event of non-availability of any portion of the Website/Mobile Application/Services or subscribed Content occasioned by the act of God, war, pandemic, epidemic, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure, or any other causes that are beyond the control of Howzat/Junglee Games.

Assignment

You may not assign your rights under this Agreement without prior written permission from Junglee Games/Howzat, and any attempt by you to do so will be void from inception. Junglee Games/Howzat may assign or transfer this Agreement in its entirety at any time without any notice and without your consent.

Restricted Performance

Howzat/Junglee Games’ performance of this Agreement is subject to existing applicable laws and legal processes and the policies and business decisions of Howzat/Junglee Games, and nothing contained in this Agreement is in derogation of Howzat/Junglee Games' right to comply with the government’s, courts’ and law enforcement agencies’ requests or requirements relating to your use of the Services or Content or information provided to or gathered by Howzat/Junglee Games with respect to such use.

Interpretation

In this Agreement, unless specified otherwise: (a) "include" means "including without limitation", (b) the singular includes the plural, and vice versa, (c) reference to one gender includes the other, (d) references to any time of day are to Indian standard time, (e) reference to a statute or a statutory provision includes its amendments, modifications, re-enactments and consolidations, and (f) the rule of construction that an agreement should be interpreted against the party responsible for drafting it will not apply to this Agreement.

Please visit these Terms of Service regularly to stay updated on the currently applicable terms of use of the Howzat Website, Mobile Application, Services and Content.

Grievance Redressal Mechanism

If you have any complaints or concerns with respect to any Services or Content available on the Howzat Website/ Mobile Application, please write to our Grievance Officer, Parul Gupta, at [email protected].

To enable Howzat to efficiently address your complaint, please include the following information while writing to us: