We at Parkinnov Funtech Pvt. Ltd. are operating under the brand name “MlympiX” and provide the website available at MlympiX.com(“Website”) and the mobile application “MlympiX” (“ Mobile Application ”), which shall hereinafter collectively be referred to as the “ Platform ”. These terms and conditions of use and service (“ Terms and Conditions ”) are applicable for the Platform i.e. both the Website and the Mobile Application.
For the purpose of these Terms and Conditions, unless repugnant to the context, the following terms shall have the meanings ascribed as follows:
(a) “ We ”, “ Our ”, and “ Us ” shall mean and refer to the Platform and/or MlympiX, as the context so requires.
(b) “ User ” shall mean and refer to any natural person who uses the Platform and who is above 18 years of age, of sound mind and competent to make sound and informed decisions. The terms “ You ” “ Your ” shall mean and refer to the Users as the context so requires.
(c) “ Services ” shall refer to the Platform which is being provided to the Users with the objective of promoting sports in India and for providing multiple quick play skill-based online games where Users can choose from a variety of sports games, enter tournaments by paying an entry fee and earn rewards.
(d) “ Third Parties ” shall refer to any mobile application, website, company or individual apart from the Users and MlympiX.
(a) Games for stakes are open only to Indian citizens, residing in India except the residents of the states of Assam, Orissa, Nagaland, Sikkim, Andhra Pradesh, Tamilnadu and Telangana. The participation in the contests and games is void wherever prohibited by law.
(b) Citizens and/or residents of countries other than India are not eligible to participate in the games.
(c) If you are residing and/or accessing the platform from any region/ state/ country where games for stakes are prohibited or restricted by law or other reasons, then you are prohibited from registering and participating in the games. You are responsible for compliance of any laws that are applicable on your country/ domicile/ state/ residence. In case you participate in the games by misrepresentation, then MlympiX shall in its sole discretion have the right to disqualify you at any stage of the process, forfeit any prize money and take legal action against you.
(d) If you are found or suspected to be defrauding the systems of MlympiX in any manner then you shall be debarred from using the platform and MlympiX may take legal action against you.
(e) Employees and directors of MlympiX are not eligible to participate, whether directly or indirectly. In the games.
(f) In case of any dispute regarding the platform, MlympiX’s decision shall be final and binding.
(g) MlympiX reserves the right to change or modify these terms and conditions from time to time, prospectively or retrospectively, at its sole discretion and without any prior intimation to you. You are requested to carefully read these terms and conditions from time to time before using the platform. It shall be your responsibility to check these terms and conditions periodically for changes. MlympiX may require you to provide your direct or indirect consent to any update in a specified manner before further use of the platform or participation in the games provided on the platform. If no such separate consent is sought, your continued use of the platform, following such changes, will constitute your deemed acceptance of those changes. If any user does not adhere to the changes, they must stop using the platform at once.
(h) MlympiX reserves the right to withdraw or discontinue or terminate the platform at any stage without prior notice and without any liability whatsoever towards you.
(i) In any games, in case of a draw/ tie, the final decision would be of MlympiX. There would be no refunds in any situation.
(j) Neither MlympiX nor its partners, parent/ holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees, licensors, associates shall be responsible for any direct, indirect, incidental, special, or consequential damages or harm resulting from the downloading, accessing, using any information or material, servers, games, services, sites, cancellation or conducting of contests, competitions and prizes or use or inability to use the platform etc., even if we have been advised of the possibility of such damages.
(k) MlympiX does not provide any warranty as to the content, contests or other information on the platform as such is provided on an “as is, as available” basis. MlympiX endeavours to provide error free and secure services however does not warrant that the platform or the services would be accurate, reliable, uninterrupted, timely, secure or error free or meet the user’s requirements and expectations.
4. USAGE OF THE PLATFORM
(a) The headings of each section in these Terms and Conditions are only for the purpose of organizing the various provisions under these Terms and Conditions in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
(b) Certain games and services being provided on the Platform may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
(c) MlympiX may, at its sole and absolute discretion:
➢ Restrict, suspend, or terminate any User's access to all or any part of the Platform;
➢ Change, suspend, or discontinue all or any part or Content of the Platform;
➢ Reject, move, or remove any material that may be submitted by a User;
➢ Deactivate or delete a User's account and all related information and files on the account;
➢ Establish general practices and limits concerning the usage of the Platform;
➢ Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids).
(d) In the event any User breaches, or MlympiX reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used the Platform, MlympiX 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 the Platform, 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.
(e) The User consents to receive communications by way of calls, e-mails or SMS, such as announcements, administrative messages and advertisements from MlympiX or any of its partners, licensors or associates.
5. INTELLECTUAL PROPERTY
(a) The intellectual property rights (“Intellectual Property Rights”) in all Content and the Platform, is owned by MlympiX, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the l Content on the Platform, either in whole or in part without the express written license from MlympiX.
(b) Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Platform (“Users’ Content”). Each User represents and warrants that he/ she owns all Intellectual Property Rights in the Users’ Content and that no part of the Users’ Content infringes any third party rights. Users further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform. Users agree to indemnify and hold harmless MlympiX, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by such User or through the User's commissions or omissions.
(c) Users hereby grant to MlympiX and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes:
➢ displaying Users' Content on the Platform;
➢ storing Users’ Content in a remote database; and
(d) This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
6. THIRD PARTY SITES, SERVICES AND PRODUCTS
(a) The Platform may contain links to other Internet sites owned and operated by third parties. Users’ use of such sites is subject to the conditions, if any, posted by such third party sites. MlympiX will not be held responsible for any content residing in any third-party Internet site. MlympiX's inclusion of third-party content or links to third-party Internet sites on the Platform is not an endorsement by MlympiX of such third-party Internet site.
(b) The Users’ correspondence, transactions/ offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services/ offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/ implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that MlympiX will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/ offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
(c) MlympiX contains Content that is created by MlympiX as well as content provided by third parties. MlympiX does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Services provided on the Platform including while participating in any of the Games.
8. CONDITIONS OF PARTICIPATION
By entering a Game, the User agrees to be bound by these Terms and Conditions and the decisions of MlympiX. Subject to the terms and conditions stipulated herein below, MlympiX, at its sole discretion, may disqualify any User from a Game, refuse to award benefits or Prize Money and require the return of any Prize Money, if the User engages in unfair conduct, which MlympiX deems to be improper, unfair or otherwise adverse to the operation of the Games or is in any way detrimental to other Users which includes, but is not limited to:
(a) Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by MlympiX to enter a Game and/or claim a prize/winning.;
(b) Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/ debit instruments, payment wallet accounts etc. to enter a Game or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the User;
(c) Colluding with any other User(s) or engaging in any type of syndicate play;
(d) Any violation of Game rules or the Terms and Conditions;
(e) Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose;
(f) Any misuse of any offers or promotions;
(g) Tampering with the administration of any Game or trying to in any way tamper with the computer programs or any security measure associated with any Game;
(h) Obtaining other Users’ information without their express consent and/or knowledge and/or spamming other Users (Spamming may include but shall not be limited to send unsolicited emails to Users, sending bulk emails to MlympiX Users, sending unwarranted email content either to selected Users or in bulk);
(i) Abusing the Website in any way (‘unethical use, slangs or disrespectful words’ are some of the examples of Abuse); or
(j) Engaging in any activity prohibited by these Terms and Conditions, more specifically in Clause 11 hereinbelow.
It is clarified that in case a User is found to be in violation of these Terms and Conditions, MlympiX reserves its right to initiate appropriate civil/ criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
9. REGISTRATION AND ELIGIBILITY
(a) The Users must register themselves on the Platform by providing the following details accurately on the Platform:
➢ Full Name
➢ State of Residence
➢ Email ID
➢ Phone Number
➢ Link to Mobile Wallets
➢ Such other information, as may be required on the Platform.
(b) Linking of Gmail and Facebook accounts are not mandatory. However, Users may register by linking their mobile number to play games on the Platform. All registrations on the Platform are free of cost and no User shall be charged for any such registration the Platform.
(c) Following are the eligibility criteria for accessing the games on the Platform provided by MlympiX:
➢ The User has to be above the age of 18 years. In the event of a minor accessing the Content on the Platform, it would be the responsibility of his/her immediate guardian to monitor, supervise and control the minor’s access and use of the Platform and MlympiX will not be liable for any consequences.
➢ The User has to be of sound mind and must be capable of making informed decisions after referring to the guides on the Platform.
➢ The User has to be currently residing in India.
➢ The User shall have a valid email address.
➢ Only those Users who have successfully registered on the Platform as well as registered prior to each Game be eligible to participate and win.
➢ In the event a User indicates, while registering on Platform, submits that he/ she is a resident of either Assam, Odisha, Sikkim, Nagaland, Telangana, Andhra Pradesh or Tamil Nadu (hereinafter collectively referred to as the “Restricted States”), such User shall not be permitted to proceed to sign up for any paid Games. Such Users shall be permitted to participate in free Games only.
(a) MlympiX currently provides several Games on the Platform consisting of paid games as well as free games. A list of all Games provided on the Platform is available at the Website and the App.
(b) The rules on how to play each Game is also available at the Website and the App.
(c) Users may create contests to consist of a pre-specified number of Users, consisting of 2 to 100 Users (“Akhada” or “Contest”). The User agrees and understands that once the Contest is created no change shall be permitted in the terms or constitution of the Akhada.
(d) In order to participate in the Contest, the User having the code shall input the Contest code associated with the Contest and pay the pre-designated amount for the Contest. Once the number of Users in a Contest equals the number of pre-specified Users for that Contest, the Contest shall be rendered operative and no other Users shall be permitted to participate in the Contest.
(e) It is clarified that in relation to the participation of Users in any Contest MlympiX shall not be liable to any person for the inability of any User to participate in any Contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such User to participate in the Contest(s).
(f) The Platform shall have the right to impose or modify restriction on minimum and maximum number of participants in any Game, whether free or paid, or any Akadha on case to case basis and the User undertakes to be bound by the same.
11. USER OBLIGATIONS AND CONDUCT
➢ restricting, suspending, or terminating any User's access to all or any part of the Platform;
➢ deactivating or deleting a User's account and all related information and files on the Platform. Any amount remaining unused in the User's MlympiX Wallet on the date of deactivation or deletion, which is capable of being withdrawn shall be transferred to the User's bank account on record with MlympiX, subject to the service charges (if any) applicable on such transfers and subject to these Terms and Conditions; or refraining from awarding any prize(s) to such User.
(b) Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by MlympiX). Users further agree to update and keep updated their registration information.
(c) A User shall not register or operate more than one User account with MlympiX.
(d) Users agree to ensure that they can receive all communication from MlympiX by marking e-mails or sending SMSs from MlympiX as part of their "safe senders" list. MlympiX shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
(e) Any password issued by MlympiX to a User may not be revealed to anyone else. Users shall not use anyone else’s password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify MlympiX of any unauthorized use of their passwords or accounts or any other breach of security.
(f) Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with the Platform or assist in such activity.
(g) Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying MlympiX or the Platform.
(h) Users agree that without MlympiX's express written consent, they shall not modify or cause to be modified any files or software that are part of the Platform.
(i) Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the Platform or any other person’s use or enjoyment of the Platform.
(j) Users shall not attempt to gain unauthorised access to the User accounts, servers or networks connected to The Platform by any means other than the User interface provided by MlympiX, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the Platform.
(k) Users shall not to publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
(l) Users agree that they are using the services of the Platform and accessing the Platform at their own risk with their prudent judgment and the MlympiX shall not be responsible for any resultant losses suffered.
(m) Without limiting the foregoing, Users agree not to use the Platform for any of the following:
➢ To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
➢ To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
➢ To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
➢ To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, the Platform, any software, hardware, or telecommunications equipment;
➢ To advertise, offer or sell any goods or services for any commercial purpose on the Platform without the express written consent of MlympiX;
➢ To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
➢ To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
➢ To restrict or inhibit any other user from using and enjoying any public area within our sites; ➢ To collect or store personal information about other Users;
➢ To interfere with or disrupt the Platform, servers, or networks;
➢ To impersonate any person or entity, including, but not limited to, a representative of the Platform, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
➢ To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
➢ To engage in any illegal activities. You agree to use the services on the Platform only to send and receive messages and material that are proper and related to the usage of the Platform.
➢ To engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting other nation.
(n) The Users agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
(o) Use of the Platform is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit MlympiX’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of the Platform.
(p) The Users expressly agree and acknowledge that the Content displayed on the Platform is for purpose of reference only, under no circumstance shall the User construe the same as expert/ professional advice. The User may, however, report any offensive or objectionable content, which the MlympiX may then remove from the Platform, at its sole discretion.
(q) Each User expressly agrees to make good any losses suffered by MlympiX which result as a consequence of any act committed by the User including but not limited to acts of fraud, misrepresentation of information provided on the Platform as expert advice or posting slanderous or libellous content in the form of comments or feedback.
(r) The User hereby expressly authorizes the MlympiX to disclose any and all information relating to the Users in the possession of the MlympiX/ the Platform to law enforcement or other government officials, as MlympiX may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/ infringement of intellectual property etc. The User further understands that MlympiX might disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
(s) The User may be required to make himself/ herself available for promotional purposes and activities, as required by MlympiX without any charges. The acceptance of Prize Money by the winner constitutes permission for MlympiX, and its affiliates to use the winner’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and/or additional compensation whatsoever.
12. GAMES OF SKILL
(a) Users hereby acknowledge that all Games available on the Platform are skill based and the Users will have to use knowledge, attention and training to play these Games. ‘Games of Skill’ are legal and are excluded from the ambit of gambling legislations including, the Public Gambling Act, 1867 and other state enactments except in the Restricted States.
(b) 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 shall be classified as a game of skill. Further, in the case of State of Bombay v. R. M. D. Chamarbaugwala (AIR 1957 SC 699) it was held by the Hon’ble Supreme Court of India that competitions (games) where success depends on a substantial degree of skill will not fall into category of 'gambling' (i.e. gaming as defined under state enactments); and despite there being an element of chance, if a game is predominantly a game of skill, it would nevertheless be a game of “mere skill”.
(c) Individuals residing in the Restricted States should not participate in any Games offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and the Platform shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
(d) MlympiX reserves the right to monitor all activities from the User’s Account on the Platform. If any User plays any Game in violation of any central and/or state law(s) in India, The Platform reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned User.
13. WALLET AND PAYMENT
(a) In order to play any Game, the User will have to deposit money into its wallet on the Platform (“MlympiX Wallet”), which can be done via multiple payment options that are available on the Platform. MlympiX may, from time to time, grant bonus amounts into the MlympiX Wallet of the User (“Cash Bonus”).
(b) The User shall pay the pre-designated entry fee, wherever prescribed, using the MlympiX Wallet for the specific game(s), User wants to play. The entry fee shall consists of predetermined User’s contribution towards the prize money pool, wherever applicable and to the extent prescribed, to a specific game and/or otherwise pre-designated Platform fee to be charged by MlympiX.
(c) Subject to these Terms and Conditions, all amounts collected from the Users in the MlympiX Wallet are held in a separate non-interest earning account where from the payouts can be made to (a) Users (towards their deposits, prize money, rewards, etc.), (b) MlympiX (towards the Platform fee and service charge) and to (c) the Government (towards taxes).
(d) MlympiX reserves the right to charge a Platform fee for the services being provided on the Platform, which would be specified by MlympiX on the respective Game page/ interface on the Platform, prior to a User's joining of such Game. The Platform fee (inclusive of applicable tax thereon) will be debited from the User’s MlympiX Wallet and MlympiX shall issue an invoice for such debit to the User.
(e) The winner of the Game will get a reward, wherever provided for game specific, as per the terms and conditions of the particular Game and Contest, will be deposited in the User’s MlympiX wallet after the completion of the Contest (“Prize Money”). It is clarified that MlympiX has no right or interest in this Prize Money and only acts as an intermediary engaged in collecting and distributing the Prize Money in accordance with the Game and Contest terms and conditions.
(f) At any stage, a user can withdraw his/her winnings and deposited amount anytime, except Cash Bonus, by raising a request on the Platform, as required, either into a Bank Account or using UPI that would be available on the Platform. The MlympiX shall have the right to charge service charges for any withdrawal from the MlympiX Wallet and the service charges shall be displayed on the Platform.
(g) Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address or any other documents to ascertain the identity of the bank account owner in order for MlympiX to process the withdrawal request. If the User fails to provide such information on the request of MlympiX, then MlympiX shall not be liable to transfer any winning amounts to such User. The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that MlympiX has on third parties, any transactions on the Platform may take 48 hours or more to be processed.
(h) In case the documents submitted for address proof at the time of withdrawal indicate that the name of the State submitted by the User at the time of registration was different, the Platform reserves the right to block the access/ account of the User and abstain him/her from withdrawing the winning and/or deposited amounts, if any and Cash Bonus.
(i) The issue of any Cash Bonus to the user is subject to the sole discretion of MlympiX and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by MlympiX on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by MlympiX to such User. The Cash Bonus granted to the User may be used by such User for the purpose of further play of the game(s) and/or contribution towards the prize pool in any Contest, in accordance with these Terms and Conditions. The Cash Bonus shall not be withdrawable or transferrable to any other account of the User, including the bank account or UPI of such User, or of any other User or person, other than as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with MlympiX or such account if terminated by MlympiX, all Cash Bonus granted to the user shall return back to MlympiX and the User shall not have any right or interest on the Cash l Bonus.
(j) All Prize Money shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. The TDS rate prescribed by the Government of India with respect to any Prize Money amount that is in excess of Rs. 10,000/- is 30%. TDS of 30% shall be deducted on Net Winnings (Prize Money - contest entry amount - cash bonus). In case of any revisions by the Government of India to the aforementioned rate in the future, the TDS will be deducted by MlympiX in accordance with the then current prescribed TDS rate. The winners shall be provided TDS certificates in respect of such tax deductions.
(k) The winners shall be responsible for payment of all applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Prize Money.
(l) Refunds may be issued on the User generating an issue and MlympiX deciding upon the same. The User agrees and understands that MlympiX will not provide any refund if the User has lost any game.
(m) If User has a GST registration number, User may share the same on following mail [email protected]
14. INDEMNITY AND LIMITATION OF LIABILITY
(a) Users shall access the Platform provided by MlympiX voluntarily and at their own risk. MlympiX 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 acceptance of any prize.
(b) By entering the Contests and accessing the Platform, Users hereby release from and agree to indemnify MlympiX, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense (including without limitation cost of attorney, legal charges etc.) on full indemnity basis, arising out their access to the Platform including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, unforeseeable, due to negligent act or omission on their part, or otherwise.
(c) MlympiX 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(s).
(d) Mlympix shall not be liable to repay the user or any other party(ies) the amount once paid to the bank account linked with the details (Account, UPI, Wallet, etc.) submitted by the user at the time of withdrawl and shall not be responsible to verify the bank account details including belongingness with the user.
(e) The Users shall be solely responsible for any consequences which may arise due to their access of the Platform including by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Platform, including provision of incorrect address or other personal details. The Users also undertake to indemnify MlympiX and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/ damage suffered by MlympiX on account of such act on the part of the Users.
(f) Users shall indemnify, defend, and hold MlympiX harmless from any third party/entity/organization claims arising from or related to such User's engagement with the MlympiX or participation in any Contest. In no event shall MlympiX be liable to any User for acts or omissions arising out of or related to User's engagement with the MlympiX or his/her participation in any Contest(s).
(g) In consideration of MlympiX 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 MlympiX, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of the Platform or related to the Contests or the prizes of the Contests.
15. GRIEVANCE REDRESSAL MECHANISM
(a) Any and all communication relating to any complaint or grievance experienced by the User may be communicated to MlympiX by the User by emailing to [email protected]
(b) Each complaint or grievance shall contain the following information:
➢ Contact number
➢ Email ID
➢ Relation with the complainant: agent or self
➢ Authorization of Agent
➢ Statement of Information
➢ Description of the complaint or grievance with clear identification of issues
➢ Verification by the Complainant
(c) On receiving such complaint, grievance or notice, MlympiX reserves the right to investigate and/or take such action as MlympiX may deem appropriate. MlympiX may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.
(d) The name and title of the Grievance Redressal Officer appointed pursuant to the provisions of the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted thereunder is as follows:
➢ Name: Rishabh Khawad
➢ Email: [email protected]
➢ Address: 14, MNR Pride, HAL Old Airport Road, Domlur, Bengaluru (Urban), Karnataka - 560071
(e) MlympiX reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the Website, which replacement shall come into effect immediately upon publication.
16. FORCE MAJEURE
Neither the MlympiX nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of cable, hacking, piracy, cheating, illegal or unauthorized.
17. DISPUTE RESOLUTION AND JURISDICTION
(a) Subject to the clauses contained here-in-below, the courts of competent jurisdiction at Jaipur shall have the exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the services provided by MlympiX and the Platform (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) or MlympiX, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the applicable laws of India.
(b) In the event of any dispute which may arise, the party raising the dispute shall provide a written notification to the other party. 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 through arbitration by a sole arbitrator to be appointed by MlympiX and the award passed by such sole arbitrator will be valid and binding on all parties.
(c) The place of arbitration shall be Jaipur, Rajasthan, 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 arbitral tribunal shall be entitled to pass interim orders and awards and such orders would be final and binding on the parties and be enforceable in competent courts.
(d) Nothing contained in these Terms and Conditions shall prevent MlympiX from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard MlympiX'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 MlympiX to pursue any remedy for monetary damages through the arbitration described herein.
(a) These Terms and Conditions shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platform.
(b) MlympiX may discontinue the Services and Platform without any prior notice. MlympiX reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Platform, or any portion thereof, at any time, without notice or cause. (c) MlympiX's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
(d) The Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
(e) These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and MlympiX and govern your use of the Platform, superseding any prior agreements that any User may have with MlympiX.
(f) If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
(g) MlympiX reserves the right to moderate, restrict or ban the use of the Platform, specifically to any User, or generally, in accordance with MlympiX's policy/ policies from time to time, at its sole and absolute discretion and without any notice.
(h) MlympiX may, at its sole and absolute discretion, permanently close or temporarily suspend any MlympiX services or the Platform (including any Contest(s)).
(i) MlympiX may from time to time conduct/ organize, promotions/ offers on the Platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the Platform. Also, promotions/ offers cannot be clubbed with Cash Bonus available with any User.