SIXER 11 is the flagship brand of SIXER 11 GAMEZ PRIVATE LIMITED ("SIXER 11"). Through SIXER 11, along with its sub-pages, and the SIXER 11 App, SIXER 11 operates through mobile app portals through which it offers cricket-based online fantasy games. SIXER 11 as used herein shall be construed as a collective reference to SIXER 11 and the SIXER 11 App.
Any person ("User") accessing SIXER 11 or the SIXER 11 App ('SIXER 11 platform') to participate in the various contests and games (including fantasy games), available on SIXER 11 platform ("Contest(s)") ('SIXER 11 Services') shall be bound by these Terms and Conditions, and all other rules, regulations, and terms of use referred to herein or provided by SIXER 11 about any SIXER 11 Services.
SIXER 11 shall be entitled to modify these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by SIXER 11 about any SIXER 11 Services, at any time, by posting the same on SIXER 11 website and/or SIXER 11 app. Use of SIXER 11 constitutes the User's acceptance of such Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by SIXER 11 about any SIXER 11 Services, as may be amended from time to time. SIXER 11 may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by SIXER 11, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by SIXER 11. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by SIXER 11
Certain SIXER 11 Services being provided on SIXER 11 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
Users consent to receive communications such as announcements, administrative messages, and advertisements from SIXER 11 or any of its partners, licensors, or associates.
SIXER 11 includes a combination of content created by SIXER 11, its partners, affiliates, licensors, associates, and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying SIXER 11 and the SIXER 11 Platform and material published on SIXER 11, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, and Flash animation, is owned by SIXER 11, 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 materials or content on SIXER 11 either in whole or in part without the express written license from SIXER 11
Users may request permission to use any SIXER 11 content by writing into SIXER 11 SUPPORT.
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 SIXER 11 ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's 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 SIXER 11. Users agree to indemnify and hold harmless SIXER 11, 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 SIXER 11, by such User or through the User's commissions or omissions
Users hereby grant to SIXER 11 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, display, transfer, transmit, and/or publish Users' Content for any of the following purposes:
Third-Party Sites, Services, and Products
SIXER 11 may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. SIXER 11 does not exercise control over any Internet sites apart from SIXER 11 and cannot be held responsible for any content residing in any third-party Internet site. SIXER 11's inclusion of third-party content or links to third-party Internet sites is not an endorsement by SIXER 11 of such a third-party Internet site.
User's 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. User's 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 before transacting or availing of the services/offers of such third party. User agrees that SIXER 11 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.
SIXER 11 contains content that is created by SIXER 11 as well as content provided by third parties. SIXER 11 does not guarantee the accuracy, integrity, or quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the SIXER 11 Services provided on SIXER 11 including while participating in any of the contests hosted on SIXER 11.
User Restrictions
Anti-Cheating and Anti-Collusion
The user undertakes that the user himself/herself will play in all Games in which the user has registered/joined and not use any form of external assistance to play. Users shall not add unauthorized components, create or use cheats, exploits, bots, hacks, or any other third-party software designed to modify the app, or use any third-party software that intercepts, mines, or otherwise collects information from or through the app or any Services. Any attempt to employ any such external assistance is strictly prohibited. Formation of teams for collusion between the user and any other user(s) for participating in Games organized on the app or any other form of cheating is strictly prohibited. When collusion or cheating is detected on the app, we shall settle the Game as per its "Game Cancellation Settlement Policy" and may take further appropriate action against offending users in terms hereof including banning access to the App/Portal and any or all Services. However, we reserve the right to follow an alternative reasonable mechanism as may not be covered in the respective policy and the user agrees that the user shall undisputedly abide by such decision of SIXER 11.
Game Cancellation Settlement Policy
If any contest or competition gets canceled or disrupted for any reason whatsoever, SIXER11 has the option to either cancel and refund the payments made by the user(s) towards such contest or competition, if any; or settle it at the stage up to which it is completed. The decision of SIXER11 shall be final in this regard.
Money Laundering:
Any User is prohibited from doing any activity on the App/Portal that may be construed as money laundering, including, without limitation, attempting to withdraw cash from unutilized cash added through credit cards or deliberately losing money to a certain player(s).
Anti-SPAMMING
Sending SPAM emails or any other form of unsolicited communication for obtaining registrations on the App/Portal to benefit from any of our promotional programs or for any other purpose is strictly prohibited.
Multiple IDs
User's registration on the App/Portal is restricted to a single user account which will be used by the user to avail of the Services provided on the App/Portal. User(s) are prohibited from creating or using multiple user IDs for registering on the App/Portal. User may not create a login name or password or upload, distribute, transmit, publish, or post content through or on the App/Portal or through any service or facility including any messaging facility provided by the App/Portal which:
In the event we determine that the login name created by the user is indecent, objectionable, offensive, or otherwise undesirable, we shall notify the user of the same and the user shall promptly provide us with an alternate login name so that we can change user's existing login name to the new name provided by the user.
If the user fails to provide an alternate name, we reserve the right to either permanently suspend the said user account or restore the said user account only after a different acceptable login name has been provided by the user.
User shall not host, intercept, emulate, or redirect proprietary communication protocols, used by the App/Portal, if any, regardless of the method used, including protocol emulation, reverse engineering, or modification of the App/Portal or any files that are part of the App/Portal.
The user shall not frame the App/Portal. Users may not impose editorial comments, commercial material, or any information on the Websites, alter or modify Content on the App/Portal, or remove, obliterate, or obstruct any proprietary notices or labels.
User shall not use Services on the App/Portal for commercial purposes including but not limited to use in a cyber cafe as a computer gaming center, network plays over the Internet or through gaming networks, or connection to an unauthorized server that copies the gaming experience on the App/Portal.
User shall not upload, distribute, or publish through the App/Portal, 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 us.
Users shall not disseminate or upload viruses, programs, or software whether it is harmful to the App/Websites or not. Additionally, the user 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.
User shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer his/her user account, Content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the App/Portal.
Any form of fraudulent activity including, attempting to use or using any other person's credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, and mobile phones for adding cash to user accounts is strictly prohibited.
Accessing or attempting to access the Services through someone else's user account is strictly prohibited.
Winnings, bonuses, and prizes are unique to the player and are non-transferable. In the event the user attempts to transfer any winnings, bonuses, or prizes, these will be forfeited.
If the user is an officer, director, employee, consultant, or agent of SIXER 11 or a relative of such persons ("Associated Person"), the user is not permitted to play either directly or indirectly, any Games that entitle the user to any prize on the App/Portal, other than in the course of user's engagement with us. For these purposes, the term 'relative' shall include spouse and financially dependent parents and, children.
Users 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, even though such media is not owned or controlled by us. In addition to any other action that we may take under the provision hereof, we reserve the right to remove any material or comments posted by you and restrict user's 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 a user is defamatory or detrimental to our business interests.
We don't encourage accessing Cash Games using a user ID on two or more mobile devices simultaneously. In such an event, we reserve the right to disallow the continuation of Cash Games from the earlier logged-in device(s).
Payments and Player Funds
All transactions on the App/Portal shall be in Indian Rupees.
Once the user registers on our App/Portal, we maintain a user account for the user to keep a record of all user's transactions with us. Payments connected with participation in Cash Games have to be made through your SIXER 11 user account. All cash prizes won by the user are credited by us into this user account.
When making a payment, the user should ensure that the instrument used to make the payment is his/her own and/or he is legally authorized to use such instrument which is used to Add Cash into his/her user account only.
Subject to the Add Cash limits specified by us from time to time, users are free to deposit as much money as they want in their user account to participate in Cash Games on the App/Portal.
SIXER 11 wants a user to play responsibly on the App/Portal. The ability to Add Cash to the user's user account shall be subject to monthly Add Cash limits which we can set us with undertakings, indemnity, waiver, and verification conditions as we deem appropriate in our sole discretion.
Credit cards, Debit cards, prepaid cash cards, and Internet banking payments are processed through third-party payment gateways. Similarly, other payment modes also require authorization from the intermediary which processes payments. We are not responsible for delays or denials at their end and the processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at our end. If there are any issues in connection with adding cash, a complaint may be sent to us following the complaints procedure provided in the "Complaints and Disputes" section below. The user agrees that in such an event of the user's credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized, the funds are credited to the user's user account and are available for the user to play Cash Games.
We have the right to cancel a transaction at any point in time solely according to our discretion in which case if the payment is successful, then the transaction will be reversed, and the money credited back to your payment instrument.
Player funds are held in trust by us in specified bank accounts. SIXER 11 keeps all players' funds unencumbered which will be remitted to the user in due course subject to the terms and conditions applicable to the withdrawal of funds and these Terms. Funds held in the user's user account are held separately from our corporate funds. Even in the highly unlikely event of an insolvency proceeding, the user's claim on the deposits will be given preference over all other claims to the extent permissible by law.
Withdrawals
Users may withdraw his/her winnings using either an account payee cheque or an electronic bank-to-bank transfer for the amount of winnings.
User agrees that all withdrawals made by the user are governed by the following conditions:
Service Disruptions
Users 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 Services or due to issues with the hardware and software used by the user. User, please understand that SIXER 11 has no control over these factors. SIXER 11 shall not be responsible for any interruption in Services and User is fully responsible for any risk of loss due to Service interruptions for any such reason.
The user has to understand, acknowledge, and agree to the fact that if a user is unable to play/participate in any Game/ contest/competition due to any error or omission whether or not attributable to SIXER 11, including technical or other glitches, the settlement of such Game/ Contest/ Competition will be settled as per the "Game Cancellation" and “Settlement Policy”.
The Company shall, where applicable, attempt to start the game immediately once a minimum number of players join the game. However, the Company doesn't commit the same and there may be delays in the commencement of the game due to any reason whatsoever. The commencement and conclusion of fantasy sports games shall be dependent upon the timing of the respective live sports events.
It is clarified that, notwithstanding any limitation of liability as specified herein, SIXER 11 specifically disclaims any liability in the case of Games where there is no money paid by you.
User agrees that under no circumstances User compel SIXER 11 or hold SIXER 11 liable to pay to the user any amount over and above the service charges for any of the aforementioned errors/omissions of SIXER 11.
Content
All content and material on the App/Portal including but not limited to information, scores, ranking, winnings, 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 SIXER 11, are protected by law including applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, and images sent by any user can be logged/recorded by us and shall form part of Content, and SIXER 11 is free to use this material in any manner whatsoever subject to our Privacy Policy. In addition, the user consents that we are entitled to display its User ID, ranking, and/or winnings in one or more contests as part of any product/advertisement creatives independently or as a part of the list of scores/rankings.
The App/Portal 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 or apps. If any user is relying on any third-party Content posted on any website or app that does not belong to SIXER 11, the user may do so solely at the user's own risk and liability.
If a user visits any third-party website or app through third-party content posted on the App/Portal, the user will be subject to terms and conditions applicable to such third-party website or app. We neither control nor are responsible for content on such third-party websites or apps. The fact that a link existing on our App/Portal to a third-party website or app is not an endorsement of that website or app by us.
Special Offer / Bundle Offer
Users would be able to join in one or more contests in which a bonus may allowed in that case whatever % is allowed for that particular contest will be deducted from the bonus amount and the rest would be deducted from the main wallet.
Promotions
Users can invite a friend, acquaintance, or any other person to use the Services available on the App/Portal. The user may avail bonus by inviting a friend.
Cash bonuses may be subject to withdrawal restrictions. All bonuses shall be governed by the additional terms and conditions applicable to that bonus which will apply in addition to the Terms.
The details of various promotions organized on the Platform can be found in the Promotions section on the respective App/Portal. Eligibility and applicable conditions for the ongoing promotional programs are provided in the Promotions section, which forms a part of the Terms. If any additional terms and conditions specific to a promotional activity are mentioned, they shall apply to such promotion in addition to these Terms.
Games offered under the Promotions section may be canceled or discontinued by SIXER 11 at any time without notice without any liability on SIXER 11 whatsoever, except a refund of the entry fee, if applicable.
Voluntary termination
The user is free to discontinue the use of the Services of our App/Portal at any time by intimating to us of the user's desire to do so by sending an email to us at support@sixer11.com. If at such time, there is a positive withdrawable cash balance in the user's user account, we will, subject to satisfactory verification, disburse the same to the user by online transfer or by a cheque promptly.
Breach and consequences
In the event of a 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 App/Portal or any Website is detrimental to the interests of SIXER 11, our other users or the general public; we may in our sole discretion take any or all of the following actions:
Additionally, in the event of committing a material breach hereof, we reserve the right to bar the user from future registration on the App/Portal. The decision of SIXER 11 on the action to be taken as a consequence of the breach shall be final and binding upon the user.
Any action taken by SIXER 11 shall be without prejudice to our other rights and remedies available in law or equity.
Complaints, Grievances & disputes
If the user has a complaint or concern, the user should in the first instance contact the customer support team at support@sixer1.com or write to us following the procedure given in the respective Contact Us section on the respective App/Portal. Complaints should be made as soon as possible after circumstances arise that cause the user to have a complaint.
Users accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterward. The user agrees that the user shall not disclose the existence, nature, or any detail of any complaint or dispute to any third party.
SIXER 11 shall make efforts to resolve complaints within a reasonable time. Our decision on complaints shall be final and binding on the user.
For any grievances, the user can reach out to the Grievance Officer at gravience@sixer11.com
Limitation of liability
In addition to specific references to the limitation of liability of SIXER 11 elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence, or other tort), SIXER 11 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 user's access to, or use of, or inability to access or use, the Services on any App/Portal. User further agrees to indemnify us and our service providers and licensors against any claims in respect of any such matter.
Without limiting the generality of the foregoing, the user specifically acknowledges, agrees, and accepts that we are not liable to the user for:
Notwithstanding anything to the contrary contained in the Terms or elsewhere, the user agrees that our maximum aggregate liability for all user claims under this agreement, in all circumstances, other than for the payment of any withdrawable balance in the user's user account, shall be limited to Indian Rupees ______________ only (INR. __________/-)
Disclaimer and Indemnity
Disclaimer
The Services on the App/Portal 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. SIXER 11 does not ensure or guarantee continuous, error-free, secure, or virus-free operation of the App/Portal or its Content including software, Games, the user's user account, the transactions in the user's user account, or continued operation or availability of any facility on the website.
Additionally, SIXER 11 does not promise or ensure that the user will be able to access the user's user account or obtain Services whenever the user wants. It is entirely possible that the user may not be able to access its user account or the Services provided by SIXER 11 at times or for extended periods due to, but not limited to, system maintenance and updates.
SIXER 11 disclaims responsibility and liability for any harm resulting from the cancellation of any Game organized by it. If a user is a cash player on the App/Portal, the user acknowledges and agrees that the user will not be entitled to any refund in case of any service outages that may be caused by failures of our service providers, computer viruses, or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of SIXER 11. SIXER 11 specifically disclaims any liability in connection with Games or events made available or organized on the App/Portal which may require specific statutory permissions, in the event such permissions are denied or canceled whether before or during such Game or event.
SIXER 11 specifically disclaims any liability in connection with the user's transactions with third parties that may have advertisements or are hyperlinked on the App/Portal.
SIXER 11 disclaims any liability in connection with the violation of the intellectual property rights of any party concerning third-party Content or user content posted on our Website. 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.
SIXER 11 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 Services.
SIXER 11 disclaims liability for any risk or loss resulting to the user from the user’s participation in Cash Games, including all risks of financial loss.
Indemnity
To the extent permitted by law, and in consideration for being allowed to participate in the Activity, the user hereby agrees 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:
Governing law, dispute resolution & jurisdiction
The Terms and Privacy Policy shall be interpreted by the laws of India.
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 Ahmedabad, Gujarat.