Launching on September 5, 2023

KHELOZI TERMS & CONDITIONS

Khelozi Terms & Conditions

GENERAL

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of our website ‘www.khelozi.com’ (hereinafter referred to as the "Website", “Mobile Application”, or “Platform”). Khelozi is the division of “Talkfever Social Media Limited”, the public limited company incorporated under the provision of Companies Act, 2013 having its registered office at B18, Basant Vihar, Gwalior, Madhya Pradesh-474002, India (hereinafter, referred to as "we", "us", "our" and “Khelozi”).

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

For these Terms and Conditions (defined hereinafter), "you", "your" or “User” refers to any natural or legal person (whether a registered user or otherwise) who accesses the Website, its contents and uses the services offered by Khelozi on or through the Website.

By using the Website, you have impliedly agreed to and accepted these User Terms. If you do not agree or are not willing to be bound by the terms and conditions.

Your use of our website and its related sites, services and tools is governed by these Terms and Conditions contained in this agreement that applies to the Website (“User Terms”).

Khelozi is not affiliated with any private or government sports leagues or tournaments unless explicitly stated. Additionally, Khelozi does not have any official association with any sports teams or individuals.

The term " Khelozi " used in these Terms and Conditions, refers to both the Khelozi Website and Mobile Application.

PRIVACY POLICY

Khelozi collects user information, including personal details and payment information, at the time of registration. This information is subject to Khelozi Privacy Policy, which can be reviewed by users on the Privacy Policy page.

REGISTRATION

To sign up for an account on Khelozi, Users must provide their mobile number, which will receive a One-Time Password (OTP) for verification. Additionally, they can enter a referral code to receive a Rs. 50 Cash Bonus. Once the User receives the OTP, they must enter it to complete the registration process and log in to their account. To participate in contests, Users must provide accurate information such as their date of birth and the pin code of their residence. The information provided for verification must match the information on their required documents.

Before using any of the features provided by Khelozi, participants must acknowledge that they have read and understood the Terms and Conditions and will comply with all the rules, regulations, and terms of use. The resident of restricted states cannot participate in the contests of fantasy sports. If a User accessing the services of Khelozi is found to be a resident of any of these restricted states, he/she will be entirely liable for any legal or penal consequences. Certain states in India have implemented limitations on fantasy sports and real money gaming platforms and are designated as restricted states such as Assam, Odisha, Telangana, Nagaland, Sikkim and Andhra Pradesh. Khelozi reserves the right to delete or deactivate the account of the resident of restricted states and forfeit any remaining balance in their account.

ELIGIBILITY

The Contest(s) are open only to persons above the age of 18 years.

The Contest(s) are open only to persons, currently residing in India.

Khelozi may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.

Persons who wish to participate must have a valid email address.

Khelozi may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.

Only those Participants who have successfully registered on the Khelozi as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.

USER CONDUCT

The terms and conditions, rules, regulations, and terms of use established by Khelozi are binding on all users and must be strictly adhered to. If a user fails to comply with these terms, Khelozi reserves the right to initiate an appropriate action against the user, which may include but is not limited to:

Restricting, suspending, or terminating a user's access to all or any part of features of the Khelozi app. Deactivating or deleting a user’s account and all related information and files; or Refraining from awarding any winnings to the User.

By accepting the Terms and Conditions of Khelozi, Users agree to provide accurate, current, and complete information during the registration process and at other times as required by Khelozi. Users also agree to keep their registration information up to date.

Each User is allowed to register and operate only one account with Khelozi, whether on the website or the app. Users consent to receive all communications from Khelozi by marking Khelozi emails as "safe senders." If a user does not receive Khelozi emails due to them being sent to the spam or junk folder, Khelozi will not be held responsible.

Any password issued by Khelozi to a User is confidential and must not be shared with anyone else. Users are solely responsible for maintaining the confidentiality of their accounts and passwords and agree to immediately notify Khelozi of any unauthorised use of their passwords or accounts or any other security breach.

Users are solely responsible for the security and confidentiality of any payment accounts linked to their Khelozi account. In case of any misuse of the linked payment accounts, Khelozi will not be liable and such misuse must be reported to Khelozi immediately.

Users agree to log out of their accounts after the completion of each session. In the event of any loss or damage resulting from the failure to do so, Khelozi will not be held responsible.

Users agree not to engage in or assist in the use of cheats, exploits, automation, software, bots, hacks, or any unauthorised third-party software designed to modify or interfere with Khelozi's features and/or experience.

Users agree not to copy or modify the technology and software associated with Khelozi and its features, nor to rent, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any rights to any of the associated technologies and software.

Users agree not to disrupt or overburden the servers or computers supporting Khelozi's services or the enjoyment of Khelozi features by other users or persons.

Users agree not to use the Khelozi platform for any illegal or inappropriate activities, including, but not limited to:

Any action or communication that is obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive.

Harassment, stalking, threatening or otherwise violating the legal rights of others. Transmitting files that contain viruses, corrupted files, or any other software or programs that may cause damage or negatively impact the operation of another person's computer, www.Khelozi.com, Khelozi application or any software, hardware, or telecommunications equipment.

Advertising, offering, or selling any goods or services for commercial purposes without the express written consent of Khelozi.

Transmitting content related to services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

USAGE OF WEBSITE AND MOBILE APPLICATION

Users using the services offered by www.Khelozi.com or the Khelozi App, including Features, by participating in various contests and games organised on the platform (“Contests”) are bound to follow these Terms and Conditions, and all other rules and regulations defined by Khelozi.

Khelozi reserves the right to modify or change these Terms and Conditions, rules, and regulations at any time by posting them on www.Khelozi.com. By using Khelozi services, Users agree to time-to-time amendments that may be made. Users will be informed of any amendments via email to their registered address or by posting notifications in their accounts. If a User disagrees or does not accept the amendments, they can indicate their non-acceptance within the defined time frame. If a user fails to do so, they will be deemed to have accepted the changes. In case of non-acceptance, Khelozi reserves the right to restrict the User from using its services and features.

Additional rules and regulations may apply to the various services offered as part of the features. If there are additional conditions that conflict with these Terms and Conditions, the additional conditions will take precedence.

Khelozi offers several interactive functionalities on the App to enhance the user experience. These functionalities are referred to as “features” in all the sections of these Terms and Conditions. Khelozi may, at its discretion:

Restrict, suspend, or terminate a user’s access to all or part of www.Khelozi.com or features of Khelozi. Change, suspend or discontinue all or part of the features.

Deactivate or delete a user’s account and related information and files.

Reject, move or remove any material submitted by a User (v) Move or remove any content available on www.Khelozi.com and Khelozi application (vi) Establish general practices and limits for the use of www.Khelozi.com and Khelozi application.

Revise or add to the roster of players for selection in a Contest.

Assign its rights and liabilities to another entity (after informing users via registered email) Khelozi reserves the right to restrict, suspend, or terminate a user's access, deactivate, or delete their account and delete their content without notice if they breach these Terms and Conditions or use Khelozi services or features illegally or inappropriately. Khelozi may also take technical or legal action against such a user.

In case of suspension or deletion due to Khelozi negligence, Khelozi will repay the platform fee charged for any features. No refund will be made in case of suspension or removal due to: Breach of these Terms and Conditions or inappropriate use of Khelozi.

Circumstances beyond Khelozi's reasonable control.

By accepting these Terms and Conditions, Users agree to receive communications, including announcements, administrative messages, and advertisements, from Khelozi or its partners, licensors or associates. CONTEST(S), PARTICIPATION AND PRIZES

As part of its services, Khelozi may make available the contest(s) on the Khelozi platform based on the following terms:

Contest Features

The Khelozi platform conducts various contests as part of the features. These contests include fantasy cricket, football, kabaddi, volleyball, hockey, and US football. The participants in any contest may create fantasy teams consisting of on-field players from the relevant match, series, or tournament. Points are awarded based on the performance of these players and the user with the highest aggregate of points is declared winner of the contest. Khelozi may declare more than one winner and distribute winnings accordingly in increasing order of their teams' scores.

Fantasy Rules

The Contest(s) across the Khelozi Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by "Fantasy Rules" available at “How to Play” and all Participants agree to abide by the same.

Available Contests

Currently, following contests are made available on Khelozi platform:

A Fantasy cricket game, A fantasy football game, A fantasy kabaddi game, A fantasy volleyball game, A fantasy hockey game, A fantasy American football game and Invitation for Participation

The individual users wishing to participate in such contest ("“Participants"”) are invited to create their own fantasy teams ("“Team/s"”) consisting of real-life cricketers, footballers, volleyball players, hockey players, American football players or kabaddi players (as applicable) involved in the real-life matches, series or tournament (each a "Sport Event") to which the fantasy game relates. Khelozi offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams.

Virtual Team Ownership

The participants of the contests shall be considered as the owner of virtual teams created by use of skill and experience applied at the time of players selection based on performance prediction related with the past performance standards and various records on the ground and players ranking. Therefore, teams are awarded scoring points based on the real-life players (as applicable) performances during the designated match, or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners ("Winners").

Entry Fee

Users may participate in paid versions of the contests by paying a pre-defined entry fee, as stated on the relevant contest page. An individual is authorised to create multiple teams for participating in contests unless otherwise specified. In the case of multiple-entry contests, users may submit more than one team but are not allowed to edit their teams after the match deadline is closed. Khelozi may limit the number of multiple teams allowed in a contest or the number of teams a single user account can create. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.

Confirmed and Non-Confirmed Contests

Khelozi offers both confirmed and non-confirmed Contests on its platform. Confirmed Contests are not cancelled, even if they do not meet the participant requirements, while non-confirmed Contests may be cancelled due to unfilled spots. The new no-Contest cancellation feature ensures that contests meeting certain conditions will be considered confirmed and will not be cancelled. These conditions include having:

Unfilled Spot: Less than 80%

Refund of entry fee: 100% credit to winning account on Khelozi app

Deadline Extension & Abandon

Khelozi reserves the right to abandon a contest, adjust its deadline, or change the deadline in unavoidable circumstances beyond its reasonable control such as delayed toss, interruption on account of weather, non-appearance of teams, technical/equipment glitches causing delays or natural disaster etc.

The platform can adjust the deadline by 10 minutes or 3 overs (whichever is less) before the official match start time for cricket and by a maximum of 10 minutes for other sports. If Khelozi is unable to cross-check the official match start time, it may adjust its deadline such that a maximum of 3 overs are bowled in the adjusted time.

Depending upon the circumstances of each match, the participants can edit their teams till the official match start time as declared by the officials of the Sport Event or adjusted deadline

Communication

Khelozi shall endeavor to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.

Maximum Number of Teams

A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the Khelozi Services. However, unless Khelozi specifies otherwise in relation to any Contest ("“Multiple Entry Contest"”), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that Khelozi may, from time to time, restrict the maximum number of Teams that may be created by a single User account (for each format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by Khelozi in its sole discretion.

Restricted States

Participant shall pay a pre-designated amount for participating in the contest(s) being created on the Khelozi platform. In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, or Telangana such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).

Equal Scoring Event

In case of more than one participant has reached the same aggregate of scoring points either having the exact same teams, including the captain and vice-captain, or having the different players of same scoring points whatsoever it may be, in such event, contest prize money shall be equally divided amongst all participants.

In Starting Lineup Feature:

Purpose of indicating a player's inclusion in final starting lineup is only to provide information and assist a user in selecting his/her team on Khelozi. While indicating a Player's inclusion in starting lineup is given by Khelozi based on information/data received through feed providers, publicly available information. Users are advised to do a thorough research of their own from official sources and/or other available sources of information. Khelozi, shall not take any liability, if a player earlier indicated as 'Playing' does not play or start for any reason whatsoever.

Substitute Player Features:

Substitutes on the field will not be awarded points for any contribution they make. However, Impact Player Substitutes' will ONLY be awarded points four (4) points for making an appearance in a match in addition to points for any contribution they make as per the Fantasy Points System.

Legality of Game of Skill

Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.

The Indian Supreme Court 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.

The Contest (s) described above (across the Khelozi Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or handball and/ or volleyball and/or kabaddi and/or American football and/or baseball statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.

By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.

Tabulation of fantasy points

Khelozi may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third-party service provider and/or official website of the match organiser comes to its attention, Khelozi shall use best efforts to rectify such error prior to the distribution of prizes. However, Khelozi 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 take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners because of any inaccurate or incomplete scores/statistics received from such third-party service provider. Users and Participants agree not to make any claim or raise any complaint against Khelozi in this respect.

SELECTION AND VERIFICATION OF WINNERS AND CONDITIONS RELATING TO THE WINNINGS

Selection of Winners:

Khelozi will select the winners based on the highest aggregate score of their selected players in the designated round of the contest.

The number of winners and winnings to be distributed will be pre-defined by Khelozi before the game begins. Individuals who are found creating teams on behalf of other users will be disqualified. In the event of a tie, the winning users will be declared as the winners and the winnings will be divided equally among such participants.

If the users have not complied with the terms and conditions defined by Khelozi, they will not be eligible to receive any winnings.

Contacting Winners:

Khelozi will contact the winners of the contest(s) through email or mobile number provided at the time of registration/verification.

Khelozi will publish the list of participants on a separate webpage and inform the winners through email. If a winner's name is displayed on the webpage but they have not received any communication, they must contact Khelozi within the specified time.

Khelozi shall not be held responsible for any communication or omissions that might lead to a situation wherein the results may not be communicated to the Winner. Therefore, users must provide complete and accurate details at the time of registration/verification.

Verification Process

Participants must complete the verification process and submit the required documents within the specified time limit to withdraw/receive their accumulated earnings.

Requests for extending the time limit will not be accepted by Khelozi.

Khelozi is authorised to disqualify any winner from withdrawing their accumulated earnings if:

The provided document or information is inadequate, incorrect, misleading, false, fabricated, incomplete or illegible.

Any other ground as determined by Khelozi.

Miscellaneous

Winning distribution and awarding decisions made by Khelozi are final, binding, and non-contestable. Participants in paid formats of the contest(s) must not be residents of restricted states. Khelozi reserves the right to disqualify and suspend/terminate the accounts of participants who are residents of the above-mentioned states.

In case of a head-to-head contest with the same team and captain/vice-captain, no winner will be declared, and contest entry amounts will be refunded to the respective user account. A User creating or logging in multiple IDs from a single device is a fair play violation and will result in games not being visible to the respective user.

Free Contest

Khelozi often organises free contests, where Users can earn winnings without paying any contest entry fee. The winning amount can only be used to join further pay-to-play contests organised by Khelozi and cannot be used or withdrawn for any other purpose.

Khelozi reserves the right to forfeit the winnings of participants below the age of 18. Khelozi will disqualify such Users and can also suspend or terminate their accounts.

Khelozi is authorised to modify or change the winnings offered to the participants declared as the winners of Contest/(s) organised by Khelozi, and the participants do not raise any claim or question the decision of Khelozi related to the winning modification.

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