TUG Terms and Conditions of Use
1. Introduction
(a) Probabilistic Synergies Private Limited, having its registered office at L-148, 5th Main Road, Sector 6, HSR Layout, Bengaluru, Karnataka - 560102 ("PSPL") owns and operates the ‘TUG’ mobile application and fantasy game platform (the “Platform”). Through the Platform, PSPL offers free to play and pay-to-play versions of the cricket based online fantasy game (“TUG Game”) wherein users participating in the TUG Game (“Participants”) may build their Team (as defined hereinbelow) using the bidding and trading instrumentalities made available in the TUG Game. The contests offered in the TUG Game are classified on the basis of the entry fee required to be paid to participate in the contest (“Contest”).
(b) For the purpose of these Terms and Conditions of Use (“Terms”), wherever the context so requires "You", “Your”, “Yourself”, “Their” or “User” shall mean any person who accesses or uses the Platform. “We”, “Us” or “Our” shall mean PSPL, its employees, and authorised agents that perform any services on PSPL’s behalf in relation to the Platform.
(c) As mentioned above, PSPL provides the TUG Game in two separate formats, i.e., the “Free to Play” and the “Pay to Play” versions, as set out below:
(i) The Free to Play version of the TUG Game allows You to practice in the TUG Game without the payment of any fee or deposit; You can use the credit points allotted to You by the Platform to form your team and participate in the Contest. Through the Free to Play version of the TUG Game, You can build experience and gain a better understanding of the rules of the TUG Game.
(ii) In the Pay to Play version of the TUG Game, Contests are classified basis the pre-designated entry free required to be paid to participate in the Contests which shall include platform fee for accessing Platform services and Your contribution to the prize money pool (“Prize Money Pool”). You will be required to deposit Your money in a participation wallet (“Participation Wallet”) made available on the Platform and use the money in the Participation Wallet to join a Contest and accordingly contribute a pre-specified amount towards the Prize Money Pool of such Contest, which will be passed on to the winner(s) of the Contest after the completion of the Contest as per the PSPL Contest Rules (defined below) of such Contest. You may join the Contest most suitable to Your gaming strategy. You will be permitted to create only one team for a given Contest and shall compete solely with other Users who have entered the same Contest. You are permitted to join multiple Contests in respect of the same underlying Match and create different Teams for different Contests.
(d) Unless explicitly stated otherwise in the context, any references to Excluded States (as defined hereinbelow), financial transactions, monetary loss, or monetary gain within these Terms shall pertain exclusively to the Pay-to-Play version of the TUG Game.
(e) By accessing or using the Platform in any manner or by using any content or information provided through the Platform, You shall be deemed to have read, understood, accepted and agreed: (i) to be bound by these Terms and to comply with these Terms; (ii) the rules of Contests made available through the Platform, which can be found at https://tuguniversal.com and as updated/modified from time to time (“PSPL Contest Rules”); and (iii) the collection, use, disclosure and other handling of information as described in Our ‘Privacy Policy’, available at https://tuguniversal.com/privacy-policy (“Privacy Policy”). Capitalized terms used but not defined herein, shall have the meaning ascribed to the terms under the PSPL Content Rules/Privacy Policy, as appropriate.
(f) In the event PSPL offers any special rewards over and above the Prize Money (defined below)to the Users relating to the Contests (“Rewards”) on the Platform, such Rewards shall be governed by the supplementary terms and conditions which may be specifically applied for such Rewards. To the extent that these Terms are inconsistent with the supplementary terms and conditions set down in respect of Rewards, the supplementary terms and conditions shall prevail in respect of Rewards.
(g) We reserve the right to make changes to these Terms at any time. We shall not be required to notify You, whether as a registered User or not, of any changes made to the Terms. Any such modifications will become effective immediately upon posting to the Platform. As between PSPL and You, You shall be solely responsible for reviewing and becoming familiar with any such modifications. We may also, in Our sole discretion, notify You of such modifications, by contacting You through the registered email address associated with Your Account (defined below). Use of the Platform by You after any modification to the Terms, constitutes Your acceptance of the Terms as modified. You are advised to regularly visit the Platform to view the most current Terms. From time to time, We may by notification, require You to provide Your consent to the updated Terms in a specified manner, prior to any further use of the Platform. You may then exercise the options provided in such notification to indicate non-acceptance of the modified Terms. If such options are not exercised by You within the time frame prescribed in the notification, You will be deemed to have accepted the modified Terms. We may also post supplementary conditions applicable to the Platform. In such an event, Your use of the Platform will be governed by the Terms as well as any such supplementary terms that the Platform may be subject to.
(h) If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by You shall not be construed as a waiver of Our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
(i) We may at Our sole discretion, (i) Restrict, suspend, or terminate any User's access to all or any part of the Platform, including any Contests; (ii) Change, suspend, or discontinue all or any part of the Platform, including any Contests; (iii) Reject, move, or remove any material that may be submitted by a User; (iv) Move or remove any content that is available on the Platform; (v) Deactivate or delete an Account (as defined hereinbelow) and all related information and files on the account; (vi) Establish general practices and limits concerning use of the Account; (vii) Revise or make additions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Match; and (vi) Assign Our rights and liabilities to all Accounts hereunder to any entity (post intimation of such assignment to all Users to Their registered email addresses).
(j) A User shall be eligible for a refund of their entry fee in respect of a Content, solely in the event such Contest is terminated/cancelled by PSPL without the corresponding Match having started. Refunds of entry fee (if any) initiated by PSPL on account of technical glitches in PSPL’s IT infrastructure which significantly hamper Users' ability to interact with the Platform and make informed decisions in respect of the relevant Contest, are refunds which are initiated by PSPL at PSPL’s sole discretion; Users are not entitled to and are prohibited from making claims for refunds as a matter of right. Under no circumstances shall PSPL be liable or responsible for refunds of any amounts expended by the Users in executing trades on the Platform. The refunds by PSPL shall be credited to the User’s Participation Wallet.
(k) In the event any User breaches, or PSPL reasonably believes that such User has breached these Terms, or has illegally or improperly used or accessed the Platform or Contests, PSPL may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of Platform or Contests, deactivate or delete the User's Account and all related information on the Account, delete any content posted by the User on the Platform and further, take technical and legal steps as it deems necessary.
2. Eligibility
(a) You may participate in Our Contests only if You are residing in India and are of 18 years of age or over as of the date of commencement of the Contest.
(b) You may not participate in the Pay to Play version of the TUG Game if you are a resident of any state in India in which participating, organising or conducting the TUG Game is prohibited, which shall include, but not be limited to Andhra Pradesh, Telangana, Assam, Odisha, Meghalaya, Sikkim, Nagaland and Tamil Nadu (“Excluded States”).
3. User Representations
(a) Any information provided by You to Us, whether at the stage of registration or during anytime subsequently, should be complete and truthful.
(b) You hereby confirm that You are not a resident of the Excluded States and that You will not now nor in the future, access the Platform or participate/transact in the TUG Game from outside India or from within the Excluded States. PSPL reserves the right to restrict access to, and participation in the TUG Game of any person, from time to time in Our sole discretion.
(c) You are aware that participation in the TUG Game organized by Us may result in financial loss to You. With full knowledge of the facts and circumstances surrounding the TUG Game, You are voluntarily participating in the TUG Game and assume all responsibility for any risk resulting from Your participation, including all risk of financial loss.
(d) You represent that You have the experience and the requisite skills required to participate in the Contests and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Contests. You further acknowledge that You are solely responsible for any consequence resulting from Your participating in the Contests or being associated with the Contests or around the Contests. You understand that PSPL assumes no liability or responsibility for any financial loss that You may sustain as a result of participation in the TUG Game.
(e) You understand and agree that You are solely responsible for all content posted, transmitted, uploaded or otherwise made available by You. All content posted by You must be legally owned by or licensed to You. By publishing any content on the Platform, You agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform Your content and to use such content in any related marketing materials produced by Us or Our affiliates. Such content may include, without limitation, Your name, username, team name/s, location, messages, gender or pictures. You also understand that You do not obtain any rights, legal or equitable, in any material incorporating Your content. You further agree and acknowledge that PSPL has the right to use in any manner whatsoever, all communication or feedback provided by You.
(f) You understand and accept that PSPL reserves the right to record any and all User content produced by way of but not limited to chat messages on the Platform or other interactive features, if any, offered by PSPL.
(g) You understand that the funds in the Participation Wallet and the Winning Wallet (as defined hereinbelow) held by PSPL do not carry any interest or return.
(h) You shall not hold PSPL responsible for not being able to play any Contest for which You may be eligible to participate. This includes, but is not limited to situations where You are unable to log into Your Account as Your Account may be pending validation or You may be suspected or determined to have violated any of the Terms.
(i) You understand and accept that by viewing or using the Platform or playing any of the Contests, or using communication features on the Platform, You may be exposed to content posted by other Users which You may find offensive, objectionable or indecent. You may bring such content posted by other Users to Our notice that You may find offensive, objectionable or indecent and We reserve the right to act upon it as We may deem fit. The decision taken by Us in this regard shall be final and binding on You.
(j) You consent to receiving communications such as announcements, updates, administrative messages, promotions and advertisements from PSPL or any of its partners, licensors or associates.
4. User Account Creation and Operation
(a) In order to register for the Contests, You will need to register and create a ‘User Account’ on the Platform (“Account”). You will be required to provide Your name, mobile number, email address and such other details as maybe sought for the creation of the Account, after which the Account will be created.
(b) By completing the registration process, You confirm Your acceptance of these Terms.
(c) During the registration process, You will be required to choose a ‘Login Name’ and a password in addition to providing some other information. Additionally, You may be required to give further personal information for Your Account verification and/or for depositing money to the Participation Wallet/Winning Wallet. You must give Us the correct details in all fields requiring Your personal information, including, without limitation, Your full name, gender, date of birth, postal address, email address, telephone/mobile number(s), PAN details, bank account details etc. You undertake that You will update this information and keep it current.
(d) In the event You indicate, while entering an address, or We reasonably determine that You are a resident of any Excluded States or that your bank account is linked to a bank located in the Excluded States, You will not be permitted to proceed to participate in the Pay to Play version Contests.
(e) You acknowledge that We may, at any time, require You to verify the correctness of this information and in order to do so may require additional documentary proof from You, failing which We reserve the right to suspend or terminate Your Account and registration on the Platform.
(f) Any information provided by You to Us should be complete and truthful to the best of Your knowledge. We are not obliged to cross check or verify information provided by You and We will not take any responsibility for any outcome or consequence as a result of You providing incorrect information or concealing any relevant information from Us.
(g) You understand that it is Your responsibility to protect the information You provide on the Platform including but not limited to Your Username, password, email address, contact details, bank account details and other financial details and mobile number. PSPL will not ask for Your Account Login Password, which is only to be entered at the time of login. At no other time should You provide Your account information to any User logged in on the Platform or elsewhere. You undertake that You will not login and then allow, any other person to play from Your Account using Your Username. You specifically understand and agree that We will not incur any liability for information provided by You to anyone, which may result in Your Account being exposed or misused by any other person.
(h) You agree to use Your Account solely for the purpose of playing on the Platform and for transactions, which You may have to carry out on the Platform to participate in the Contests. Use or attempted use of Your Account for any reason other than what is stated in the Terms may result in immediate termination of Your Account.
(i) You agree to receive all communication from PSPL by marking e-mails from Us to Your “safe sender” list. You agree that We shall not be held liable if any e-mail remains unread by You as a result of such email getting delivered to Your junk or spam folder.
(j) All payments on the Platform shall be made in Indian Rupees. You may deposit the required amount in your Participation Wallet for participation in the Contests using the payment mechanism made available on the Platform by PSPL from time to time.
(k) Any prize money won by You from any Contest (“Prize Money”) shall be deposited in Your winning wallet (“Winning Wallet”) after the conclusion of the Contest. These funds may be withdrawn to external bank accounts only once You provide correct and accurate PAN details, bank account details and proof of the same in accordance with the verification procedure prescribed by Us from time to time.
(l) Prize Money for any event tier is indicative and actual prize money will be decided based on number of customers participated.
(m) You acknowledge that withdrawal on the Platform may take up to two-three (3) working days to be processed. You agree not to raise any complaint or claim against PSPL in respect of any delay, including any lost opportunity to complete any transaction in the TUG Game due to delay in processing of any payment.
(n) You understand and accept that Your participation in the TUG Game does not create any obligation on Us to make any payment to You. Your victory/earning of the Prize Money on the Platform is entirely dependent on Your skill as a User including the performance of the cricketer(s)’ of Your choice.
(o) Subject to these Terms, any amount remaining unused in your Participation Wallet or Winning Wallet as on the date of deactivation or deletion of your Account shall be transferred to Your bank account registered with PSPL, subject to any processing fee applicable on such transfers. If the User has not verified their Account and not provided the requisite bank details and such other details required under applicable law for withdrawal, the amount shall be forfeited by PSPL with no further notice.
(p) You acknowledge and agree that any amount remaining in the Participation Wallet and/or Winning Wallet, which amount is required to be forfeited under applicable law, shall be forfeited by PSPL with no further notice to you.
(q) Your PAN and/or bank account cannot be linked to more than one Account on the Platform. Further, You cannot link a non-residential external (NRE) bank account or any bank account linked to a bank branch located in any of the Excluded States to your Account on the Platform. Accounts in digital payment banks are not allowed and shall not be considered for verification and linking of bank accounts for withdrawals.
(r) We are legally obliged to deduct Tax Deducted at Source (TDS) on all earnings of the User. The limits and rates of deduction are subject to change as per the prevailing rules and regulations. Our obligation in this regard is limited to deducting TDS as required by law and providing You an appropriate certificate of tax deduction. We neither advise You nor shall in any manner be responsible for Your individual tax matters.
(s) We reserve the right to verify Your identity proof and address proof from time to time. For the purpose of verification, We may require from You Your name, phone number, date of birth, e-mail address, State of residence, scanned image of PAN card, and any one additional proof such as:
● Voter ID
● AADHAAR Card
● Drivers’ License
5. User Account Validation and Personal Information Verification
(a) PSPL may from time to time attempt to validate and verify Your Account. These attempts may be made via a phone call or via email. In the event that We are not able to get in touch with You the first time around, We will make additional attempts to establish contact with You. If the phone number and email provided by You is not correct or not reachable for any reason, We bear no responsibility for your participation in any Contest(s) being interrupted due to Our being unable to establish contact with You thereby leading to Your Account not being validated.
(b) If We are unable to reach You or if the validation is unsuccessful, We reserve the right to disallow You from logging into the Platform until We are able to satisfactorily validate Your Account. We will in such an event email You to notify You of the next steps regarding Account validation. We may also ask You for proof of identification and proof of address from time to time.
(c) Upon receipt of suitable documents, We will try Our best to enable Your Account at the earliest. However, it may take a few business days to reinstate Your Account. In such instance, PSPL will not be liable for any losses incurred by you as a result a lack of sufficient Star Players, in ability to place bids of Star Player, inability to place a Buy/Sell Order and and/or movements in trading/bidding price of the Players during the time your Account has been blocked by PSPL.
(d) In the event that We have made several attempts to reach out to You but have been unable to do so, We also reserve the right to permanently suspend Your Account, and refund the amount, if any, in Your Participation Wallet/Winning Wallet to the financial instrument through which the funds were deposited to your Participation Wallet or by cheque to the address provided by You. In the event the address provided by You is incorrect, PSPL will not make any additional attempts for delivery of the cheque unless a correct address is provided by You and charges for redelivery as prescribed by PSPL are paid by You.
(e) The Privacy Policy available on https://tuguniversal.com/privacy-policy forms a part of these Terms. All personal information, which is of such nature that requires protection from unauthorized dissemination, shall be dealt with in the manner provided in the Privacy Policy.
6. User restrictions
(a) You undertake that You Yourself will play the Contests, which You have registered or joined, and You shall not use any form of external assistance to participate in the Contests. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Platform or use any third-party software that intercepts, mines or otherwise collects information from or through the Platform or through the Contests. Any attempt to employ any such external assistance is strictly prohibited.
(b) Collusion between You and any other User(s) for participating in the Contests organized on the Platform or any other form of fraud or cheating is strictly prohibited.
(c) If collusion or cheating is detected, PSPL shall take appropriate action against offending Users, which may include Your disqualification from the Contest and may extend to the termination of Your Account, based upon the gravity and time-frame of Your fraudulent or mala fide conduct.
(d) You are prohibited from using the Platform for any purpose that may be construed as money laundering or circumvention of applicable law/regulations.
(e) Sending spam emails or any other form of unsolicited communication for obtaining registrations on the Platform by You to benefit from any promotional program of PSPL or for any other purpose is strictly prohibited.
(f) Multiple IDs: Your registration across the Platform is restricted to a single Account, which will be used by You to enter Contests. You are prohibited from creating or using multiple Accounts across the Platform for participation in Contests.
(g) You may not create a Login Name, Team Name or Password or upload, distribute, transmit, publish or post Content through or on the Platform or through any service or facility including any messaging facility provided by the Platform which:
● Is libellous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;
● Contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
● Is otherwise objectionable or undesirable (whether or not unlawful);
● Would constitute incitement to commit a criminal offence;
● Violates the rights of any person;
● Is aimed at soliciting donations or other form of help;
● Violates the intellectual property of any person;
● Disparages in any manner PSPL or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
● Promotes a competing service or product; or
● Violates any laws.
(h) In the event We determine that the Login Name and/or Team Name created by You is indecent, objectionable, offensive or otherwise undesirable, We shall notify You of the same and You shall promptly provide Us with an alternate Login Name and/or Team Name so that We can change Your existing Login Name / Team Name to the new name provided by You. If You fail to provide an alternate name, We reserve the right to permanently suspend Your Account.
(i) You shall not host, intercept, emulate or redirect proprietary communication protocols, used by the Platform, if any, regardless of the method used, including protocol emulation, reverse engineering or modification of the Platform or any files that are part of the Platform.
(j) You may not alter or modify content on the Platform, or remove, obliterate or obstruct any proprietary notices or labels.
(k) You shall not exploit the Contests offered and content available on the Platform for commercial purposes including but not limited to providing an over-the-top service that utilises the Contest or Platform to operate or use in a cyber cafe as a computer gaming centre, network play over the internet or through gaming networks or connection to an unauthorized server that copies the gaming experience on the Platform.
(l) You shall not derive any commercial benefits from the use of the Platform by Users and you shall not sublicense or otherwise exploit for commercial benefit any Contest(s) or Service offered through the Platform.
(m) You shall not upload, distribute or publish through the Platform, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act, 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to Us or that aids in providing the services offered by PSPL. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Platform or not. Additionally, You shall not impersonate another person or User, attempt to get a password, other User account information, or other private information from a User, or harvest email addresses or other information.
(n) You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Account, content, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platform.
(o) Any form of fraudulent activity including, attempting to use or using any other person's credit cards, debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to Your Account is strictly prohibited.
(p) Accessing or attempting to access the Platform through someone else's User Account is strictly prohibited.
(q) If You are an officer, director, employee, consultant or agent of PSPL or a relative of such persons, You are not permitted to play either directly or indirectly, any Contest which entitles You to any earnings on the Platform, other than in the course of Your engagement with PSPL. For these purposes, the term ‘relative’ shall include a spouse, financially dependent parents, and children (including step-children).]
(r) If You have been directly associated with setting up the TUG Game on the Platform or such TUG Game’s structure, You are not permitted to play either directly or indirectly, any Contest which entitles You to any earning on the Platform, other than in the course of Your engagement with PSPL.
(s) You shall not post any material or comment, on any media available for public access, which in Our sole discretion, is defamatory or detrimental to Our business interests, notwithstanding the fact that such media is not owned or controlled by Us. In addition to any other action that We may take pursuant to the provision hereof, We reserve the right to remove any and all material or comments posted by You and restrict Your access to any media available for public access that is either controlled or moderated by Us; when in Our sole opinion, any such material or comments posted by You is defamatory or detrimental to Our business interests.
7. Service Disruptions
(a) You shall solely be responsible for maintaining the necessary computer/mobile equipment and internet connections that may be required to access, use and transact on the Platform for the purpose of participating in the Contests.
(b) You may face service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Contests or due to issues with the hardware, data network and software used by You. You understand that PSPL has no control over these factors. PSPL shall not be responsible for any interruption in the provision of the Contests and You take full responsibility for any risk of loss due to such interruptions for any such reason.
(c) You agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support the Platform (each a "Server"); or (b) the enjoyment or use of the Platform by any other User or person. You agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the Platform or any other person's use or enjoyment of the Platform.
8. Content
(a) All content and material on the Platform 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"), whether or not belonging to PSPL, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any User can be logged/recorded by Us and shall form part of the Content and PSPL is free to use this material in any manner whatsoever.
(b) The Platform may contain information about or hyperlinks to third parties. In such cases, We are not responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites. If You rely on any third party Content posted on the Platform, which does not belong to PSPL, You may do so solely at Your own risk and liability.
(c) If You visit any third party website through any third party Content posted on the Platform, You will be subject to the terms and conditions applicable to such third party website. We neither control nor are responsible for content on such third party websites. The fact of a link existing on the Platform to a third party website is not an endorsement of that website by Us.
9. License Agreement and Intellectual Property
(a) All Content on the Platform shall be utilized only for the purpose of availing and accessing the Platform and in conformity with the Terms.
(b) You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by PSPL or Our licensors and that You have no right, title or other interest in any such items except as expressly stated in the Terms.
(c) You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and using the Platform and for no other purpose whatsoever.
(d) You shall not sub-license, assign or transfer the license granted to You, or rent or lease or part with the whole or any part of such license or of the Content included in such license.
(e) You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Platform in any manner other than as permitted for obtaining access to or using the Platform.
(f) You may not hyperlink to any of the Platform without permission from Us.
(g) You may access information on, and download and print extracts from the Platform for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You by downloading and You are expressly prohibited from using such materials for any commercial purpose unless agreed with Us in writing.
10. User Account Suspension
PSPL may at its sole and absolute discretion suspend or otherwise put restrictions on Your access to Your Account and to the Platform during investigation for suspected violation of the Terms or any other abuse of Your Account or suspected breach of security of Your Account. Our decision to suspend or restrict the PSPL Platform or any part thereof as We deem appropriate shall be final and binding on You.
11. Breach and consequences
(a) In the event of breach of any of the Terms being evidenced from Our investigation or if there is reasonable belief, in Our sole discretion, that Your continued access to the Platform is detrimental to the interests of PSPL, Our other Users or the general public; We may in Our sole discretion take any or all of the following actions:
(i) Restrict Users suspected of colluding or cheating from the Platform;
(ii) Permanently suspend and terminate Your Account on the Platform;
(iii) Demand damages for breach and take appropriate civil action to recover such damages; and/or
(iv) Initiate prosecution for violations that amount to offences in law.
(b) Additionally, in the event of committing material breach hereof, We reserve the right to bar You from future registration on the Platform.
(c) The decision of PSPL on the action to be taken as a consequence of breach shall be final and binding on You.
(d) Any action taken by PSPL shall be without prejudice to Our other rights and remedies available in law or equity.
12. Limitation of Liability
(a) Users shall access and use the Platform voluntarily and at Their own risk. PSPL shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Platform (including participation in the Contest(s) or as a result of incurring a loss or gain).
(b) PSPL accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the Prize Money, Rewards or other payouts, if any.
(c) In consideration of PSPL allowing Users to access the Platform, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against PSPL, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of access and use of the Platform or related to the Contests (including Rewards and/or Prize Money of the Contests if any).
(d) In addition to specific references to limitation of liability of PSPL elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort) shall PSPL be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with Your access to, or use of, or inability to access or use, the Platform. You further agree to indemnify Us and Our service providers and licensors against any claims in respect of any such matter.
(e) Without limiting the generality of the foregoing, You specifically acknowledge, agree and accept that We are not liable to You for:
(i) the defamatory, undesirable or illegal conduct of any other User of the Platform;
(ii) any loss whatsoever arising from the use, abuse or misuse of Your Account or any feature on the Platform;
(iii) any loss incurred in transmitting information from or to Us or from or to Our Platform by the internet or by other connecting media;
(iv) any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with Your access to the Platform;
(v) the accuracy, completeness or currency of any information services provided on the Platform;
(vi) any delay or failure on Our part to intimate You where We may have concerns about Your activities;
(vii) any delay in the provision of the Prize Money and/or Rewards (if any) offered to You pursuant to Your participation in Contests; and
(viii) any delay in processing of payments relating to Pay to Play version of the TUG Game;
(ix) Your activities on third party websites or applications accessed through links or advertisements posted on the Platform.
(f) Without prejudice to the provisions of these Terms, PSPL’s liability to You, and any person claiming through You pursuant to or in respect of any Contest(s), under law, contract or any other theory of liability, in aggregate, shall be limited to the amount of administrative fees / service fees/entry fees charged by PSPL in relation to such Contest(s).
13. Disclaimers
(a) The Platform and the Content present on it are provided strictly on an "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. PSPL does not ensure or guarantee continuous, error-free, secure or virus-free operation of the Platform or its Content including software, Your Account, the transactions in Your Account or continued operation or availability of any facility on the Platform.
(b) All data, information and analysis available on the Platform is being provided by PSPL on a best effort basis. PSPL disclaims any responsibility or liability for the accuracy of this data, information and analysis and Users are encouraged to use all possible own sources of data to make their own analysis of the performance of cricket players.
(c) PSPL shall not be responsible for any harm resulting from downloading or accessing any information or material on the Platform or otherwise accessing any part of the Platform.
(d) Additionally, PSPL does not promise or ensure that You will be able to access Your Account or obtain access to the Platform whenever You want. It is entirely possible that You may not be able to access Your Account or the Platform at times or for extended periods of time due to, but not limited to, system maintenance and updates.
(e) PSPL disclaims responsibility and liability for any harm resulting from cancellation of any Contest organized by it. If You are playing a paid version of the Contest on the Platform, You acknowledge and agree that You will not be entitled to any refund or any compensation or damages in case of any service outages that may be caused by PSPL’s maintenance on the servers or the technology that underlies Our Platform, failures of Our service providers (including telecommunications, hosting, and power providers), computer viruses or contaminants, natural disasters or other destruction or damage to Our facilities, acts of nature, war, civil disturbance, or any other cause beyond the reasonable control of PSPL.
(f) PSPL specifically disclaims any liability in connection with the Contests made available or organized on the Platform which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such Contest or event.
(g) PSPL disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or User content posted on the Platform. Intellectual property rights in any Content not belonging to Us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
(h) PSPL specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Platform.
(i) PSPL specifically disclaims any liability arising out of the conduct or supply of goods or provision of services by its vendors, or any damage or injury arising out of Your usage of such goods or availing of such services. YOU AGREE THAT YOUR USAGE OF A REWARD, IF ANY, SHALL BE AT YOUR SOLE RISK.
(j) PSPL disclaims liability for any risk or loss resulting to You from Your participation in the paid version of the Contest, including all risk of financial loss.
(k) To the extent permitted under law, in the event of suspension or closure of the TUG Game or other services, Users shall not be entitled to make any demands or claims of any nature whatsoever.
(l) In case PSPL discovers any error including any error in determination of the winners of a Contest or in the transfer of amounts to a User, PSPL reserves the right (exercisable at its discretion), to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from the amounts due to the User or deduction from the User’s Participation/Winning Wallet of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, PSPL agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same. PSPL shall not be responsible or liable for any losses that the User may incur as a result of PSPL exercising its right to rectify any errors under this clause.
14. Indemnity
(a) To the extent permitted by law, and in consideration for being allowed to participate in the Contests, You hereby agree to indemnify, save and hold harmless and defend Us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that We 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 and/or awards asserted or brought against Us by any person in connection with:
(i) infringement of their intellectual property rights by Your publication of any Content on the Platform.
(ii) Unlawful, defamatory, offensive or illegal conduct by You or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from You or otherwise;
(iii) use, abuse or misuse of Your Account on the Platform in any manner whatsoever;
(iv) 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 Platform; and
(v) access of Your Account by any other person accessing the Platform using Your username or password, whether or not with Your authorization.
(b) Users shall be solely responsible for any consequences, which may arise due to Their access of the Platform by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Platform and Contests. Users also undertake to indemnify PSPL and its officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by PSPL on account of such act on the part of the Users.
(c) Users shall indemnify, defend, and hold PSPL harmless from any third party/entity/organization claims arising from or related to such User's engagement with Platform or participation in any Contests. In no event shall PSPL be liable to any User for acts or
15. Infringement of Copyright and Personality Rights
In good faith, if You have reason to believe that any work copyrighted by You or which embeds Your personality rights or other proprietary interest has been reproduced, embedded, or linked without authorization on the Platform or a Contest, in a manner that constitutes an infringement of Your copyright or Your personality rights, including rights to Your reputation, identity or personal data, or other proprietary interest under Indian law please compile the following information and email to hflplatform@tuguniversal.com:
-- A clear identification of the work allegedly infringed;
-- A clear identification of the allegedly infringing material on the Platform (with specific URL reference);
-- Your contact details: name, address, e-mail address and phone number;
-- A statement that You believe, in good faith, that the use of the allegedly infringing material on the Platform is not authorized by Your agent or the law;
-- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
-- Your signature or the signature of Your authorized agent.
16. Grievances
You may contact Us via Our Contact Us page on https://tuguniversal.com/contact-us or write to hflplatform@tuguniversal.com to notify Us of any grievances or concerns that You may have in relation to Our Platform or Contests or to otherwise provide Us with feedback concerning the same. We may seek additional information concerning Your grievance or feedback, but any such communication from Us shall not be construed as making a commitment, representation or warranty to review, respond to or redress any grievance or feedback provided. You shall not claim or demand any royalty or fees from Us in case We make any changes or update Our Platform or Contests pursuant to Your feedback.
17. Governing law, dispute resolution and jurisdiction
(a) The Terms and Privacy Policy shall be interpreted in accordance with the laws of India.
(b) Any dispute, controversy or claim arising out of the Terms or Privacy Policy shall be subject to the exclusive jurisdiction of the civil courts at Bengaluru.
(c) In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. Only in the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, shall the parties be entitled to approach the courts of competent jurisdiction at Bengaluru for adjudication of the dispute. .
(d) Nothing contained in these Terms shall prevent PSPL from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard PSPL's interest prior to or during the period of discussion between the parties for resolution of the dispute, as set out under clause 17(c) of these Terms, 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 PSPL to pursue any remedy for monetary damages under applicable law.