Last updated: 20th October 2022
It is clarified that the usage of the term “Stox” under these Terms or the Game Rules (as defined below) or on the Platform is for convenience only and it does not refer to any (i) underlying good or proprietary interest in any cricket player or (ii) security, financial instrument, or security/ financial interest, as is defined under the Companies Act, 2013 or the RBI Act, 1934 and the regulations framed thereunder.
As per the prevailing laws in India, these Terms are a legally binding agreement governing the relationship between you (i.e., the User) and us. Please read the Terms and Game Rules carefully before accessing or conducting any activities on the Platform.
Access to our Platform and its products, features, applications, services, and software shall be provided subject to the Terms, in return for your compliance with the Terms.
By using our Platform, you state that:
a. you are legally capable of entering into a contract as per the Indian Contract Act, 1872 or any other law applicable to you;
b. you have not been convicted of any other offences;
c. your account has not been previously disabled for breach of our Terms or policies;
e. you do not reside in any of the following states namely: Andhra Pradesh, Karnataka, Assam, Telangana, Orissa, Nagaland, and Sikkim i.e., the Excluded States (as defined below); and
f. you are a natural person (individual).
We may revise these Terms from time to time and without notice. We will also update the “Last Updated” date of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Platform signifies your acceptance of these revised Terms from time to time. If you do not agree to the revised Terms, you must cease accessing or using the Platform. You are advised to regularly visit the Platform to view the most current Terms. We may also post supplementary conditions applicable to the Platform. In such an event, Your use of the Platform will be governed by the Terms as well as any such supplementary terms that the Platform may be subject to.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Platform and/ or participate in any Contest provided by our Platform. If your age is below 18 years, you are prohibited to use this Platform. You may access the Platform and participate in the Contest only if you are residing in India save and except if you are a resident of any state in India in which participating, organising, or conducting of the Contest is prohibited, which states shall include, but not be limited to Andhra Pradesh, Telangana, Assam, Sikkim, Nagaland, Karnataka, and Orissa (“Excluded States”). If you are not a natural person (individual), you are prohibited to use this Platform.
IV. USER ACCOUNT
An account must be created with us to access our Platform. Please ensure that you provide accurate and up-to-date information and update this information from time to time. Please note that we do not charge any cash payment from you to grant you access to our Platform. Upon creating an account with us, you will be eligible to receive INR 25 (Indian Rupees Twenty-Five Only), as a sign-up bonus. However, please note that you will not be eligible to withdraw such an amount and such an amount can only be used to trade on the Platform.
During the account creation process, you will be required to provide information such as your name, email address, state you reside in and mobile number. Additionally, you may be required to give further personal information for your account verification and/ or for withdrawing cash through your account. In the event you indicate, while entering the state you reside in, or we reasonably determine that you are a resident of the Excluded States or that your bank account is linked to a bank located in the Excluded States, you will not be permitted to access the Platform.
It is important that you keep your account password/ verification code confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password/ verification code or has any unauthorized access to your account, you must promptly notify us at email@example.com.
Please note that you will be solely responsible (to us and to others) for the activity that occurs under your account on the Platform.
We reserve the right to disable your user account, and remove or disable any content you upload or share, or any comment, or review you post at any time, or if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair or affect the goodwill or business or operations of the Platform or infringe or violate any third party rights, or violate any applicable laws or regulations and/ or for any other reason as may be deemed fit at our sole discretion.
You warrant that all information provided to the Platform during setting up your user account is true and correct in all respects. You agree to only maintain one user account in relation to your access to and use of the Platform and its features. In order for us to enforce the single-user account policy, you agree to not use any proxy servers to hide your IP address while accessing the Platform. You agree to provide us with all identification documents (including copies of KYC documents, passports, driver’s licenses, and/or other documents) that we may reasonably request from you from time to time for the purposes of verifying your identity.
You agree to exit/log out of your account at the end of each session. HornClaw shall not be responsible for any loss or damage that may result if you fail to comply with these requirements.
Please contact us at firstname.lastname@example.org if you want us to deactivate and delete your account. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information thereon. Any monies lying in your account will be credited to your KYC verified bank account in a period of 15 working days from the date of deactivation.
V. USER ACCOUNT AND PERSONAL INFORMATION VALIDATION
From time to time, we may attempt to validate and verify your account. These attempts may be made via text message or via email. In the event that we are not able to get in touch with you the first time around, we will make additional attempts to establish contact with you. If the phone number and email provided by you are not correct or not reachable for any reason, we bear no responsibility for your participation on the Platform being interrupted due to us being unable to establish contact with you.
If we are unable to reach you or if the validation is unsuccessful, we reserve the right to suspend your account until we are able to satisfactorily validate your account. We will in such an event email you to notify you of the next steps regarding account validation. We may also additionally ask you for proof of identification and proof of address from time to time.
Upon receipt of suitable documents, we will try our best to enable your account at the earliest. However, it may take a few business days to reinstate your account. In such an instance, HornClaw will not be liable for any losses incurred by you as a result of movements in trading prices of Stox(s) during the time your account has been suspended by HornClaw.
In the event that, we have made several attempts to reach out to you but have been unable to do so, we also reserve the right to permanently suspend your account, liquidate your portfolio and refund the amount, if any, in your account to the financial instrument through which the payment was made to your account or by cheque to the address provided by you. In the event the address provided by you is incorrect, HornClaw will not make any additional attempts for delivery of the cheque unless a correct address is provided by you and charges for redelivery as prescribed by HornClaw are paid by you.
VI. USER CONDUCT AND USAGE OF OUR PLATFORM
a. restricting, suspending, or terminating your access to all or any part of services provided by our Platform;
b. deactivating or deleting your account and all related information and files on your account;
c. refraining from awarding any prize(s)/ dividend(s) to you.
You agree to receive all communications including commercial and promotional communications from HornClaw. You further agree to ensure that you can receive all communication from HornClaw by marking emails or SMSs from HornClaw as part of your “safe senders' list. HornClaw shall not be held liable if any e-mail/ SMS remains unread by you as a result of such e-mail getting delivered to your junk or spam folder.
You agree not to use cheats, exploits, automation, software, bots, hacks, or any unauthorized third-party software designed to modify or interfere with the services provided by HornClaw through its Platform and/ or HornClaw experience or assist in such activity.
You 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 our Platform or services provided by us.
You agree not to modify or cause to be modified any files or software that are part of our services/ Platform, without our prior written consent.
You agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support our Platform or the services offered by our Platform (each a “Server”); or (b) the enjoyment of our services by any other user or person.
You agree not to institute, assist, or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt our services or any other person's use or enjoyment of our services.
You shall not attempt to gain unauthorised access to any user accounts, Servers or networks connected to our Platform and/ or our services by any means other than the user interface provided by us, 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 our Platform/ services.
You agree not to use any proxy servers to hide your IP address while accessing the Platform.
You agree to use your account solely for the purpose of playing on the Platform and for transactions, which you may have to carry out on the Platform to participate in the Contest. Use or attempted use of your account for any reason other than what is stated in the Terms may result in immediate termination of your account.
You understand and agree that deposits of any cash balance in your account maintained with us are purely for the purpose of participation in the Contest made available on the Platform and for no other purpose and that they do not carry any interest.
You agree not to purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your account, content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from, or associated with the Platform.
You agree not to sublicense or otherwise exploit any Contest or service offered through the Platform.
You hereby confirm that you are above the age of 18 years and are not a resident of the Excluded States and that you will refrain at all times from accessing the Platform or participating and/ or transacting in any Contest from outside India and/ or from within any of the Excluded States.
You understand and accept that HornClaw reserves the right to record any and all user content produced by way of but not limited to chat messages on the Platform or other interactive features, if any, offered by HornClaw.
If you are an officer, director, employee, consultant, or agent of HornClaw or a relative of such persons, you are not permitted to play either directly or indirectly, any Contest which entitles you to any earnings on the Platform, other than in the course of your engagement with HornClaw. For these purposes, the term ‘relative’ shall mean relative given in section 6 of the Companies Act, 2013. If you have been directly associated with setting up the Contest on the Platform or such Contest’s structure, you are not permitted to play either directly or indirectly, any Contest which entitles you to any earnings on the Platform, other than in the course of your engagement with HornClaw. You agree to not hold HornClaw responsible for you not being able to play the Contest at any time, for any reason whatsoever.
You consent to receive communications such as announcements, administrative messages, and advertisements from HornClaw or any of its affiliates, partners, licensors, or associates.
Without limiting the foregoing, you agree not to use our Platform for any of the following:
a. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory, or abusive action or communication;
b. To carry out any activity during the access or use of our Platform which is unlawful, misleading, discriminatory or fraudulent in any way;
c. To resell, sublicense or transfer the use of our Platform or your user account to any other person;
d. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
e. To make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Platform or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Platform or any derivative works thereof;
f. To distribute, publish, license, transfer, or sell, in whole or in part, any of the features or services offered by the Platform or any derivative works thereof;
g. To post, upload, transmit, distribute, store or otherwise make available in any way, files that contain viruses, Trojans, worms or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers without their written consent;
h. To post, upload, transmit, distribute, store or otherwise make available in any way any material which does or may infringe any copyright, trademark, trade secret or other intellectual property, proprietary or privacy rights of any other person/ entity or use the intellectual property of a third party without proper authorization;
i. To post, upload, transmit, distribute, store or otherwise make available in any way any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law for the time being in force or promotes or provides information about illegal activities;
j. To post, upload, transmit, distribute, store or otherwise make available in any way any material which is defamatory of any person, obscene, offensive, pornographic, blasphemous, hateful or inflammatory, ethnically objectionable, disparaging, threatening, abusive, grossly harmful, paedophilic, false, misleading, invasive of privacy or publicity rights, impersonating, enticing /harming of minors in any way, vulgar, in an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, nationality or otherwise harmful, detrimental or prejudicial or relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
k. To post, upload, transmit, distribute, store or otherwise make available in any way any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm or any material that contains a threat of any kind, including threats of physical violence;
l. To post, upload, transmit, distribute, store or otherwise make available in any way any material that is provocative, defamatory, indecent, libellous, hateful, deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people or any material that is racist or discriminatory, including discrimination on the basis of someone’s race, caste, religion, age, gender, disability or sexuality;
m. To post, upload, transmit, distribute, store or otherwise make available in any way any answers, responses, comments, reviews, opinions, analyses or recommendations that you are not properly licensed or otherwise qualified to provide;
n. To post, upload, transmit, distribute, store or otherwise make available in any way any material that is, obscene, illegal, profane, relates to or encourages money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or is anti-national, 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;
o. To post, upload, transmit, distribute, store or otherwise make available in any way any material that, in our sole judgment is objectionable or which restricts or inhibits any other person from using the Platform, or which may expose us, the Platform or its users to any harm or liability of any type;
p. To advertise, offer or sell any goods or services for any commercial purpose on our Platform, without our express consent;
q. 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;
r. 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;
s. To restrict or inhibit any other user from using and enjoying any public area within our sites;
t. To collect or store personal information about other users;
u. To interfere with or disrupt our Platform, Servers, or networks;
v. To interfere with or attempt to interfere with the proper working of the Platform, disrupt our website or any networks connected to the Platform, or bypass or attempt to bypass any measures we may use to prevent or restrict access to the Platform;
x. To use the Platform in a manner that may create a conflict of interest or undermine the purposes of the Platform, such as uploading infringing or illegal content, trading reviews with other users or writing or soliciting fake reviews;
y. To impersonate any person or entity, including, but not limited to, a representative of HornClaw, or falsely state or otherwise misrepresent any user's affiliation with a person or entity;
z. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Platform or to manipulate any user's presence on our Platform;
aa. To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
ab. To engage in any illegal activities; and
ac. To ask other users to disclose their email address or share your email address with them, ask other users to join a third-party website or attempt to contact other users outside the Platform without their explicit permission.
You agree to use our chat areas, news groups, forums, communities and/ or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in HornClaw’s considered opinion is obscene, indecent, abusive or that might subject HornClaw to public disparagement or scorn, or a name which is an official team/ league/ franchise name and/ or name of any sporting personality, as the case may be, HornClaw reserves the right, without any prior notice to restrict usage of such names, which in HornClaw’s opinion fall within any of the said categories and/ or change such username and intimate the user or delete such username and posts from HornClaw, deny you access to our Platform and its services, or any combination of these options.
You shall solely be responsible for maintaining the necessary computer/mobile equipment and internet connections that may be required to access, use, and transact on the Platform for the purpose of participating in the Contest. You may face service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Platform or due to issues with the hardware and software used by you. You understand that HornClaw has no control over these factors and that HornClaw shall not be responsible for any interruption in the provision of the Platform and you take full responsibility for any risk of loss due to such interruptions for any such reason.
Unauthorized access to our Platform is a breach of these Terms and a violation of the law. You agree not to access our Platform by any means other than through the interface that is provided by us for using our Platform. You agree not to use any automated means, 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.
We reserve the right, at any time and without prior notice, to analyse and remove or disable access to content at our discretion for any reason whatsoever, including if we are of the opinion that the content is objectionable, is in violation of intellectual property rights of a third party, is in violation of these Terms or our other policies or terms, or is otherwise harmful to the Platform or our users.
VII. CONTEST FORMAT
HornClaw has developed a cricket-inspired virtual trading game where users can buy/ sell Stox(s) of real-life cricketers through the Platform. In order to participate in the Contest, you need to buy/ sell Stox(s) using the Platform. HornClaw has compiled a detailed profile for each Stox, that helps you make an informed decision before buying and selling the Stox of each cricketer. To see the profile, simply select a cricketer card available on our Platform and click on the view the detailed ‘Cricketer Profile’ screen.
The following are important factors to be considered while participating in the Contest on our Platform or while buying/ selling Stox(s) on our Platform:
1. Estimated Price/ Stox:
You may consider this as the average price of each Stox of that cricketer, depending on the number of Stox you wish to buy at that time. On the platform, buying and selling take place against a bonding curve which simply implies that the price of each Stox increases or decreases with an increase or decrease in its supply therefore, please note that the price of an additional Stox will never be the same. The bonding curve is defined by the following formula where ‘y’ represents the current price as per the bonding curve and ‘x’ represents the circulating supply of stox with the following relationship:
Interactive Bonding Curve
The estimated price, may, therefore, be considered as an average of the prices of each Stox you want to buy/ sell on the Platform. If you wish to understand further respect for the bonding curve and how prices are estimated using the bonding curve, you may read our article on Bonding Curves available on our website.
2. How much Stox do you want to buy/ sell:
You may enter either the total value or total quantity of Stox you wish to buy or sell to reveal the total amount you shall ‘pay’ for such a buy transaction and the total amount you will ‘get’ for such a sell transaction (as the case may be). Please note that HornClaw deducts TDS, GST (as explained hereunder) and also charges a commission, as mentioned below and therefore, such price (for buy/ sell) shall be displayed after adjusting such commission and applicable taxes.
Please note that upon successful completion of the first trade on the Platform, you will be eligible to win 10% (Ten per cent) of your first trade value, a maximum of up to INR 50 (Indian Rupees Fifty Only), as a bonus. However, please note that you will not be eligible to withdraw such an amount and such an amount can only be used to trade on the Platform.
Please note that you shall also be eligible to win dividends on the Platform. You may read our article on ‘Dividend’ available here on our website to understand how dividends are decided, calculated, and allotted to Stox(s) of each player as per the match formats (i.e., ODI, T20, IPL and Test Matches).
You agree and acknowledge that on every transaction made by you i.e., on every buy and a sell transaction, HornClaw will earn a commission of 1% (One Percent). Further, you understand that HornClaw also reserves the right to suspend trading in Stox that meets the de-listing criteria (ban, retirement etc.) from its Platform and you shall have no objections, whatsoever to such delisting, irrespective of the fact that you hold such Stox, at such time. However, you can always sell stox of such cricketers back to the curve at the price reflected on the curve at the time of sale.
Further, you acknowledge and agree that Goods and Services Tax (“GST”) at 18% (Eighteen Percent) of the commission charged on each trade will be deducted on each buy and sell transaction. For e.g.: If a commission of Rs. 5 (Rupees Five) i.e., 0.5% (Zero-point Five per cent) is charged on a transaction of Rs. 1000 (Rupees Thousand), GST at 18% (Eighteen Percent) of the commission will be charged as Rs. 5 x 18% = Rs. 0.9.
You further acknowledge and agree that HornClaw is legally obliged to deduct Tax Deducted at Source (“TDS”) on all earnings of the User. The limits and rates of deduction are subject to change as per the prevailing rules and regulations. Our obligation in this regard is limited to deducting TDS as required by law and providing you with an appropriate certificate of tax deduction. We neither advise you nor shall in any manner be responsible for your individual tax matters.
For additional information on our Contest format and how you can use our Platform, you may read the articles available on our website, or go through the videos curated by us, available at Youtube (Link).
Conditions of Participation:
By entering a Contest, you agree to be bound by these Terms, Game Rules, and the decisions of HornClaw. Subject to the terms and conditions stipulated herein below, HornClaw, at its sole discretion, may disqualify any user from a Contest, forfeit all or any part of your account balance, refuse to award benefits and require the return of any benefits if the user engages in unfair conduct, which HornClaw deems to be improper, unfair, or otherwise adverse to the operation of the Contest or is in any way detrimental to other users which includes, but is not limited to:
a. Falsifying one's 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 HornClaw to enter a contest 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 Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on you;
c. Colluding with any other user(s) or engaging in any type of syndicate play;
d. Any violation of Games Rules or these Terms or other terms posted on the Platform, from time to time;
e. Accumulating dividends through unauthorized methods such as automated bots, or other automated means;
f. 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 Platform or of any user for any purpose;
g. Any type of misuse, misuse of the Refer and Earn program or misuse of any other offers or promotions;
h. Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
i. 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 sending unsolicited emails to users, sending bulk emails to our users, sending unwarranted email content either to selected users or in bulk); or
j. Abusing the Platform in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of abuse)
It is clarified that in case you are found to be in violation of these Terms, we reserve our right to initiate appropriate civil and/ or criminal remedies as it may be advised other than forfeiture and/or recovery of prize money (if any).
The Contest format, how to play, rules of the Contest, pricing mechanism of Stox, tabulation of points, dividend allotment and distribution have been elaborately stated in the Game Rules available in the How to Play section of our website, which are a part of these Terms. You hereby confirm that you have read, understood, accepted, and agreed to be bound by the Game Rules.
VIII. PAYMENT AND WITHDRAWALS
In order to enter a contest, you will have to add funds to your HornClaw account using our Razorpay payment gateway services and buy stox of your choice.
To add funds to your account, go to the Wallet section in your account and enter your desired amount and the medium of your choice through which you would like to add such funds (i.e., UPI, Debit/ Credit cards, etc).
You may withdraw your existing funds and earnings from trades anytime you want. However, you will be required to complete your KYC and have your information verified with us before you are able to withdraw any funds from your account. All withdrawals on the Platform will be credited to your bank account attached to your KYC details.
You will need to make a minimum deposit/ withdrawal of Rs. 100 (Rupees Hundred). Please note that you cannot make a deposit/ withdrawal of more than Rs. 25,000 (Rupees Twenty-Five Thousand) each time you add funds to your Wallet. Please further note that there is a monthly deposit limit of Rs. 50,000 (Rupees Fifty Thousand).
You understand and acknowledge that payments on the Platform are supported only through INR and are provided through a third-party service provider. While HornClaw will not charge you a fee for depositing funds in your Wallet, there may be transaction fees charged by other institutions based on your mode of payment.
Subject to these Terms, any amount remaining unused in your account on the date of deactivation or deletion shall be transferred to your bank account attached to your KYC details, subject to any processing fee applicable on such transfers as set out herein. If you have not completed your KYC and verified your account and or have not provided the requisite bank details for withdrawal, the amount shall be forfeited by HornClaw with no further notice.
IX. INTELLECTUAL PROPERTY RIGHTS
You agree and undertake that you will not use the Platform in a manner that is detrimental to or infringes the intellectual property rights of a third party. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/ or terminate the accounts of any user/ person who potentially or otherwise infringes the intellectual property rights of other parties using our Platform.
All legal rights, title, interest, and intellectual property in the Platform including all text, images, photographs, illustrations, icons, video clips, audio clips, written, other materials and the Platform Content (defined below) (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist), belong solely with us. Nothing contained in these Terms should be construed as granting by implication, estoppel, or otherwise, the right to use any of our trade names, trademarks, service marks, logos, domain names, copyright, patent, other distinctive brand features or other intellectual property or proprietary rights in any manner whatsoever without our express and prior written consent. You agree that you shall not use the trademarks or trade names, or deceptively similar marks or derivatives created from such trademarks, trade names or intellectual property rights to pass off products and/or services as those of ours, our subsidiaries, affiliates, licensors etc.
We will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution.
X. PLATFORM CONTENT
All content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, layout, format and music on the Platform, and all intellectual property rights related thereto (the "Platform Content"), are either owned by us or licensed to us.
Use of the Platform Content or materials on the Platform for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or our licensors' prior written consent, as applicable. Our licensors and we reserve all rights not expressly granted in and to the Platform and the Platform Content.
You acknowledge and agree that we may generate revenues, increase goodwill, or otherwise increase our value from your use of the Platform, including, through the sale of advertising, sponsorships, and promotions of our Platform. Except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue or goodwill, whatsoever.
XI. LIMITED LICENSE OF PLATFORM CONTENT
Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Platform, including to download the Platform on a permitted device, and to access the Platform Content solely for the purpose of our Platform and solely in compliance with these Terms and other policies.
We reserve all rights and interests not expressly granted herein in, in relation to and arising out of the Platform and the Platform Content. You acknowledge and agree that we may terminate this license at any time for any reason or no reason.
You acknowledge and agree that the content on our Platform is provided for general information and when you view content provided by others on the Platform, you are doing so at your own risk.
We expressly state that no content on the Platform is intended to amount to advice on which you should rely, and you must obtain professional advice before taking, or refraining from, any action on the basis of the content on our Platform.
We make no representations, warranties, or guarantees, whether express or implied, in respect of the accuracy, or completeness of any Platform Content.
XII. THIRD-PARTY SITES, SERVICES AND PRODUCTS
The Platform may contain links to other Internet sites owned and operated by third parties. Your use of each of those sites is subject to the conditions, if any, posted by the sites. HornClaw does not exercise control over any internet sites apart from our Website and cannot be held responsible for any content residing on any third-party internet site. HornClaw's inclusion of third-party content or links to third-party Internet sites is not an endorsement by HornClaw of such third-party Internet sites.
Your correspondence, transactions/ offers or related activities with third parties, including payment providers and verification service providers, are solely between you and that third party. Your 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 a such third party, and you shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. You agree that we shall 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.
The Platform contains content that is created by HornClaw as well as content provided by third parties. HornClaw does not guarantee the accuracy, integrity, or quality of the content provided by third parties and such content may not be relied upon by you in utilizing the services provided on our Platform including while participating in the Contest.
We appreciate the feedback, comments, and suggestions that we receive from the users. If you choose to make any suggestions by sending our employees or us any ideas for improvements, modifications, enhancements, content, refinements, or other materials, you agree that:
a. We are under no obligation to review, consider, or implement your feedback or suggestions, or to return to you all or part of such feedback for any reason;
b. Your feedback is non-confidential in nature, and we are not under any obligation to keep any feedback/ suggestions confidential or to refrain from using or disclosing it in any way; and
c. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, communicate to the public, make available, publicly display, and otherwise use and exploit such feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody such feedback/ suggestions, whether in whole or in part, and whether as provided or as modified;
d. We are under no obligation to provide you compensation or credit of any kind, for providing such feedback or suggestions.
XIV. FORCE MAJEURE
We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, Governmental or parliamentary restrictions/ quarantine, prohibitions or enactment of any kind, an epidemic or a pandemic, import or export regulations, exchange control regulations or accident.
You agree to defend, indemnify, and hold harmless HornClaw Studio Private Limited, its affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms, including but not limited to, uploading such content that infringes the intellectual property rights of third parties.
XVI. EXCLUSION OF WARRANTIES
Nothing in these Terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer. You expressly agree that the use of the Platform is at your sole risk and consequences. The Platform, its features, services, content, and products (as applicable) are provided on an as-is basis and we make no warranty or representation to you with respect to them. We are not responsible for any expenses you incur in using our Platform.
Notwithstanding anything contained or displayed on the Platform, you agree and acknowledge that (i) we are not affiliated with any cricketers, cricket associations, BCCI, ICC, and IPL, amongst others; (ii) we are not endorsed by any cricketer, cricket association, BCCI, ICC, and IPL, their teams and/ or leagues and nor does HornClaw endorse any of them, unless specifically stated; (iii) we do not support and/or encourage gambling/ betting and/ or any other illegal activities on our Platform; (iv) we do not represent, recommend, advocate, promote or endorse (directly or indirectly) the sale, use, or supply of any of the third party products displayed on the Platform (if at all) or business interests displayed on the Platform. Further, you agree that we do not make any representations or warranties in relation to the quality, accuracy, or merchantability of the Platform.
To the extent permitted under law, neither HornClaw nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, or employees shall be responsible for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material.
To the extent permitted under law, HornClaw shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, HornClaw services or sites, or cancellation of contests and prizes. HornClaw disclaims any responsibility for, and if a user pays for access to one of HornClaw’s services, the user will not be entitled to a refund as a result of, any inaccessibility that is caused by HornClaw's maintenance on the servers or the technology that underlies our sites, failures of HornClaw’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
Any material accessed, downloaded, or otherwise obtained through our Platform is done at your discretion, competence, acceptance, and risk, and you shall be solely responsible for any potential damage to your computer system or loss of data that results from your download of any such material.
In addition, we do not represent or warrant to you that:
a. Use of the Platform will meet your requirements;
b. Use of the Platform will be uninterrupted, timely, secure, or free from error;
c. Any information obtained by you as a result of your use of the Platform will be accurate or reliable; and
d. Defects in the operation or functionality of any software provided to you as part of the Platform will be corrected.
Any HornClaw services, events or Contest(s) being hosted or provided or intended to be hosted on our Platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated if such permission or authority is either not obtained or denied either before or after the availability of the relevant services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any services, events or Contests, users shall not be entitled to make any demands, or claims, of any nature whatsoever.
No conditions, warranties, or other terms (including any implied terms as to the satisfactory quality, fitness for purpose or conformance with description) apply to the Platform except to the extent that they are expressly set out in these Terms. Please note that we reserve the right to change, suspend, withdraw, or restrict the availability of all or any part of our Platform for business and operational reasons at any time, without notice.
XVII. LIMITATION OF LIABILITY
Your use of the Platform is at your own risk. Neither us nor any of our affiliates, or any of their respective officers, directors, or agents will be liable to you for (a) any loss of profit (whether incurred directly or indirectly); (b) any loss of goodwill or reputation; (c) any loss of opportunity; (d) any loss of data suffered by you; or (e) any special, indirect, or consequential losses which may be incurred by you.
Without prejudice to the foregoing, we shall not be liable for (including without limitation), any loss or damage that may be incurred by you as a result of:
a. reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Platform;
b. any changes which we may make to the Platform, or for any permanent or temporary cessation in the provision of the Platform (or any features thereof);
c. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Platform;
d. any action or conduct of another user;
e. your failure to provide us with accurate account information; or
f. your failure to keep your password or account details secure and confidential.
We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We do not provide you with any benefits, including without limitation workers' compensation or insurance coverage.
You agree that these limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You are responsible for any mobile charges that may apply to your use of our Platform, including text messaging and data charges and these will depend upon your service provider. In case of any doubt, please consult your service provider prior to using the Platform.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Platform, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
XVIII. BREACH AND CONSEQUENCES
In the event any user breaches or HornClaw reasonably believes that such user has breached these Terms, or has illegally or improperly used our Platform or the services provided by our Platform, HornClaw may, at its sole and absolute discretion:
a. Restrict users suspected of colluding or cheating from accessing/using the Platform;
b. Permanently suspend and terminate your account on the Platform;
c. Forfeit the balance from your account;
d. Demand damages for breach and take appropriate civil action to recover such damages; and/or
e. Initiate prosecution for violations that amount to offences in law.
The decision of HornClaw on the action to be taken as a consequence of the breach shall be final and binding on you. Any action taken by HornClaw shall be without prejudice to other rights and remedies available to us in law or equity.
XIX. OTHER TERMS
APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India. You agree that the courts in Mumbai shall have sole and exclusive jurisdiction over any action at law or in equity arising from your use of the Platform.
Subject to the aforesaid, any dispute arising out of or in connection with these Terms, including any question regarding the existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration as per the provisions of the Arbitration and Conciliation Act, 1996, and any amended to it from time to time. The venue of such arbitration shall be Mumbai. The Tribunal shall consist of a sole arbitrator and the language of the arbitration shall be English.
You may establish a link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Platform on any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out in “Use of Platform” above. We reserve the right to withdraw linking permission without notice.
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, and computer programs to access our Platform. You should use your own virus protection software.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Your use of the Platform and the services offered by us in relation to the Platform shall be on a principal-to-principal basis and nothing contained herein shall establish an employee-employer, principal-agent, partnership, joint venture, franchise or representative relationship between you and us. You do not have the authority to enter into any contract, whether written or oral, on our behalf or otherwise represent or purport to represent us in any respect.
A complaint or other issue faced by a user of our Platform may be submitted through email at: Office No. 409, Building III, Llyods Chamber, 409, Mangalwar Peth, Pune 411 011, India. The complaint should provide (a) the username, mobile number & PAN of the relevant account holder (b) specific content that is of concern and (c) reason(s) for such a takedown request.