1. TOSS
TOSS is the flagship brand of Dancing Yogi Ventures Pvt. Ltd. ("TOSS"). Through TOSS, along with its sub-pages, and the TOSS App, TOSS operates three separate portals through which it offers various stock market based online fantasy games. TOSS as used herein shall be construed as a collective reference to TOSS and the TOSS App.
2. Usage of TOSS
3. Intellectual Property
4. Third Party Sites, Services and Products
5. Privacy Policy All information collected from Users, such as registration and credit card information, is subject to TOSS's Privacy Policy which is available at Privacy Policy
6. User Conduct
7. Conditions of Participation: By entering a Tournament, user agrees to be bound by these Terms and the decisions of TOSS. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Tournament, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Tournament or is in any way detrimental to other Users which includes, but is not limited to:
8. Registration for a tournament
In order to register for the Tournament(s), Participants are required to accurately
provide the following information:
Full Name
Portfolio Name(s)
E-mail address
Password
State of Residence
Gender
Date of birth
Participants are also required to confirm that they have read, and shall abide by,
these Terms and Conditions.
In the event a Participant indicates, while entering an address, that he/she is a
resident of either Assam, Odisha, Sikkim, Nagaland, Telangana or Andhra Pradesh,
such Participant will not be permitted to proceed to sign up for any marketing the
paid version of the Tournament as described below.
Once the Participants have entered the above information, and clicked on the
"register" tab, and such Participants are above the age of 18 years, they are sent
an email confirming their registration and containing their login information.
9. Tournament(s), Participation and Prizes
As part of its services, TOSS may make available the tournament(s) on the TOSS
platform.
Currently, following tournaments are made available on TOSS platform: 1) A
fantasy NSE stock market game, 2) A fantasy BSE game, 3) A fantasy NASDAQ
game. Individual users wishing to participate in the such tournament
("“Participants"”) are invited to create their own fantasy portfolios ("“Portfolio/s"”)
consisting of real stock market stocks and shares (as applicable), series or
tournament (each a "Stock market Event") to which the fantasy game relates.
TOSS offers its platform to Participants for fantasy game Tournament(s) being
created relating to each Stock market Event, and Participants can participate in
such Tournament(s) with their Portfolios.
Depending upon the circumstances of each trading day, the participants can edit
their portfolios till the official market start time as declared by the officials of the
Stock market Event or adjusted deadline, as specified below.
TOSS reserves the right to abandon a specific round or adjust the deadline
of a round in certain specific, uncertain scenarios, which are beyond
TOSS’s reasonable control, including but not limited to the ones’ mentioned
herein below:
Actual market start time is before the official deadline:
All Stock markets
TOSS reserves the right to adjust the deadline to a
maximum of 10 minutes post actual marketstart time.
In case the actual marketstart time is more than 10
minutes of official deadline, the tournament will be
abandoned.
Actual market start time is after the official deadline:
TOSS reserves the right to extend the deadline or abandon the
tournament/game based on the circumstances such as delayed
toss, interruption on account of weather, non-appearance of
portfolios, technical/equipment glitches causing delays etc.
Merging of tournaments with same prize pools.
TOSS 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.
Portfolios are awarded points on the basis of the End of day (EOD) data (as
applicable) performances at the end of a designated trading day, market or
tournament of the Tournament(s). The Participant(s) whose Portfolio(s) have
achieved the highest aggregate score(s) in the Tournament(s) shall be declared
winners ("Winners"). In certain pre-specified Tournaments, there may be more than
one Winner and distribution of prizes to such Winners will be in increasing/
decreasing order of their Portfolio's aggregate percentile (as applicable) at the end
of the designated trading day(s) of the Tournaments.
Other rules and regulations (including rules and regulation in relation to any
payments made to participate in the Tournament(s); and all Participants
agree to abide by the same.
Currently, there are paid versions of the Tournament(s) made available on TOSS
platform. Users may participate in the Tournament(s) by paying the pre-designated
amount as provided on the relevant Tournament page. The ‘pre-designated
amount’ means and includes pre-determined platform fee for accessing TOSS
services and pre-determined participant'’s contribution towards prize money pool.
The Participant with the highest aggregate points at the end of the pre-determined
market shall be eligible to win a pre-designated prize which is disbursed out of
prize money pool, as stated on the relevant Tournament(s) page.
A Participant may create different Portfolios for participation in Tournament(s) in
relation to a Stock market Event across the TOSS Services. However, unless
TOSS specifies otherwise in relation to any Tournament ("“Multiple Entry
Tournament"”), Participants acknowledge and agree that they may enter only one
Portfolio in any Tournament offered in relation to a Stock market Event. In case of
Multiple Entry Tournament(s), a Participant may enter more than one Portfolio in a
single Multiple Entry Tournament. In addition, it is expressly clarified that TOSS
may, from time to time, restrict the maximum number of Portfolios that may be
created by a single User account (for each format of the tournament) or which a
single User account may enter in a particular Multiple Entry Tournament, in each
case to such number as determined by TOSS in its sole discretion.
Participant shall pay a pre-designated amount for participating in the tournament(s)
being created on the TOSS platform.
In the event a Participant indicates, while entering an address, that he/she is a
resident of either Assam, Odisha, Sikkim, Nagaland, Telangana or Andhra Pradesh,
such Participant will not be permitted to proceed to sign up for the market or
tournament and may not participate in any paid version of the Tournament(s).
In two members and above public tournaments, where all participants have entered
the tournament with the exact same portfolios, tournament prize money shall be
equally divided amongst all participants and the amount shall be deposited in the
TOSS winning account of all participants and the remaining amount shall be
credited in the Cash Bonus account of such participants. In the event a user is
found to be violating this policy, the Company reserves the right to initiate
appropriate action against such users as it deems fit, which shall also include
forfeiture of the Cash Bonus Amount.
10. Tournament Formats
Currently two formats of tournament(s) are made available on TOSS platform (1)
Public Tournament where Users can participate in a Tournament with other Users
without any restriction on participation and (2) private tournaments, where Users
can invite specific Users into a Tournament and restrict participation to such invited
Users. A user can enter into a maximum of 500 tournament (including both Public
tournaments and Private tournaments) per trading day. Any participation in a
tournament more than 500 shall be automatically prohibited. All rules applicable to
Tournament(s) as set out herein shall be applicable to both formats of the
Tournament(s). Users by participating in a Tournament(s) hereby authorize TOSS
to appoint a third party/ Trustee/Escrow Agent to manage users funds on users
behalf.
Public tournament
In the Public tournament format of the Tournament(s), TOSS may make
available the Tournament(s) comprising of 2 -– 100 Participants or any other
pre-designated number of Participants.
TOSS may create this format of the Tournament(s) as a paid format and the
Winner will be determinable at the end of the marketas per rule of the
tournaments.
The number of Participants required to make the Tournament(s) operational
will be pre-specified and once the number of Participants in such
Tournament(s) equals the pre-specified number required for that
Tournament(s), such Tournament(s) shall be operational. In case the
number of Participants is less than the pre-specified number at the time of
commencement of the trading day, such Tournament(s) will not be
operational and the pre-designated amount paid by each Participant shall
be returned to the account of such User without any charge or deduction.
In certain Tournaments across the TOSS Services, if designated number of
participants are not complete TOSS reserves the right to merge tournaments
with same prize pool or cancel the tournament and refunding the paid
amount.
Private tournament
In the Private tournament format of the Tournament(s), TOSS enables
Users to create a tournament ("“Private tournament"”) and invite other
users, whether existing Users or otherwise, ("“Invited User"”) to create
Portfolios and participate in the Tournament(s). Users may create a Private
tournament to consist of a pre-specified number of Participants, that is,
consisting of either 2 -100 Participants. The User creating the Private
tournament shall pay the pre-designated amount for such Private
tournament and thereby join that Private tournament and shall supply a
name for the Private tournament and be provided with a unique
identification code ("tournament Code") (which will be issued to the account
of such User). The User agrees and understands that once the Private
tournament is created no change shall be permitted in the terms or
constitution of the Private tournament, except for a change in the name of
the tournament. The User creating the Private tournament shall provide
TOSS with the email address or Facebook account username of Invited
Users to enable TOSS to send a message or mail inviting such Invited User
to register with TOSS (if necessary) and participate in the Private
tournament in relation to which the invite has been issued.
In order to participate in the Private tournament, an Invited User shall input
the tournament Code associated with the Private tournament and pay the
pre-designated amount for the Private tournament. Once the number of
Participants in a Private tournament equals the number of pre-specified
Participants for that Private tournament, the Private tournament shall be
rendered operative and no other Invited Users or Users shall be permitted
to participate in the Private tournament. In the event that any Private
tournament does not contain the pre-specified number of Participants for
that Private tournament within 1 hour prior to the commencement of the
trading day/Tournament, the Platform will initiate an automatic refund of the
amount deposited. Such refund shall be processed after the expiry of the
deadline for filling of participants for such Private Tournament.
It is clarified that the participation of Invited Users in any Private tournament
is subject to the pre-specified number of Participants for that Private
tournament, and TOSS shall not be liable to any person for the inability of
any Invited User to participate in any Private tournament due to any cause
whatsoever, including without limitation due to a hardware or technical
malfunction or lack of eligibility of such Invited User to participate in the
Tournament(s).
11. 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 stock shall be classified as a
game of skill.
The Tournament (s) described above (across the TOSS Services) are games of
skill as success of Participants depends primarily on their superior knowledge of
the games of the stock market, attention and dedication towards the Tournament(s)
and adroitness in playing the Tournament(s). The Tournament(s) also requires
Participants to select stock portfolio with good knowledge about the market and
studying strategies.
By participating in this Tournament(s), each Participant acknowledges and agrees
that he/she is participating in a game of skill. Each participant also acknowledges
that this has nothing to do with real stock buying or intra day trading and accepts
this is all a fantasy game.
12. Eligibility
The Tournament(s) are open only to persons above the age of 18 years.
The Tournament(s) are open only to persons, currently residing in India.
TOSS may, in accordance with the laws prevailing in certain Indian states, bar
individuals residing in those states from participating in the Tournament(s).
Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim,
Nagaland, Andhra Pradesh or Telangana may not participate in the paid version of
the Tournament 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.
TOSS 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 portfolios in any given tournaments/trading day,
organizing boards, leagues etc.
Only those Participants who have successfully registered on the TOSS as well as
registered prior to each market in accordance with the procedure outlined above
shall be eligible to participate in the Tournament and win prizes
13. Payment Terms
In respect of any transactions entered into on the TOSS platform, including making
a payment to participate in the paid versions of Tournament(s), Users agree to be
bound by the following payment terms:
The payment of pre-designated amount Users make to participate in the
Tournament(s) is inclusive of the pre-designated platform fee for access to
the TOSS Services charged by TOSS and pre-determined participant’s
contribution towards prize money pool.
Subject to these Terms and Conditions, all amounts collected from the User
are held in a separate non-interest earning bank Accounts. The said
accounts are operated by a third party appointed by TOSS in accordance
with Clause 10 of these Terms and Conditions. From these bank accounts,
the payouts can be made to (a) Users (towards their withdrawals), (b)
TOSS (towards its Platform Fees) and to (c) Government (towards TDS on
Winnings Amount). TOSS receives only its share of the platform Fees
through the said Escrow Agent.
The TOSS reserves the right to charge a Platform Fee, which would be
specified and notified by TOSS on the Tournament page, being created on
TOSS platform, prior to a User's joining of such Tournament. The Platform
Fee (inclusive of applicable tax thereon) will be debited from the User’s
account balance and TOSS shall issue an invoice for such debit to the User.
The User may participate in a Tournament wherein the User has to
contribute a pre-specified contribution towards the Prize Money Pool of
such Tournament, which will be passed on to the Winner(s) of the
Tournament after the completion of the Tournament as per the terms and
conditions of such Tournament. It is clarified that TOSS has no right or
interest in this Prize Money Pool, and only acts as an intermediary engaged
in collecting and distributing the Prize Money Pool in accordance with the
Tournament terms and conditions. The amount to be paid-in by the User
towards the Prize Money Pool would also be debited from the User’s
account balance maintained with the Trustee.
Any user availing TOSS services are provided with two categories of
accounts for the processing and reconciliation of payments: (i) 'Unutilized'
Account, (ii) Winnings Account. It is clarified that in no instance the transfer
of any amounts in the User's accounts to any other category of account
held by the user or any third party account, including a bank account held
by a third party:
User's winnings in any Tournament will reflect as credits to the
User's Winnings Account.
User’s remitting the amount the designated payment gateway shall
be credited to User’s Unutlized Account’.
Each time a User participates in any tournament on TOSS platform, the predesignated amount shall be debited in the User’s account. In debiting
amounts from the User’s accounts towards the pre-designated amount of
such user shall be debited from the User’s Unutilized Account and
thereafter, any remaining amount of participation fee shall be debited from
the User’s Winning Account.
In case there is any amount remaining to be paid by the User in relation to
such User’s participation in any trading day(s) or Tournament(s), the User
will be taken to the designated payment gateway to give effect to such
payment. In case any amount added by the User through such payment
gateway exceeds the remaining amount of the pre-designated amount, the
amount in excess shall be transferred to the User’s ‘Unutilized’ Account and
will be available for use in participation in any trading day(s) or
Tournament(s) or for withdrawal in accordance with these Terms and
Conditions.
Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s
participation in a Tournament shall be made in order of the date of credit of
amounts in the ‘Unutilized’ Account, and accordingly amounts credited into
‘Unutilized’ Account earlier in time shall be debited first.
A User shall be permitted to withdraw any amounts credited into such
User's 'Unutilized' Account for any reason whatsoever by contacting TOSS
Customer Support. The minimum amount that can be withdrawn by a User
from his/her Unutilised Account is Rs. 100 (Two Hundred). All amounts
credited into a User's 'Unutilized' Account must be utilised within 335 days
of credit. In case any unutilised amount lies in the 'Unutilized' Account after
the completion of 335 days from the date of credit of such amount, TOSS
reserves the right to forfeit such unutilised amount, without liability or
obligation to pay any compensation to the User.
Withdrawal of any amount standing to the User's credit in the Winnings
Account may be made by way of a request to TOSS but shall occur
automatically upon completion of 335 days from the date of credit of such
amount in the User's Winnings Account. In either case, TOSS shall effect an
online transfer to the User's bank account on record with TOSS within a
commercially reasonable period of time. Such transfer will reflect as a debit
to the User's Winnings Account. TOSS shall not charge any processing fee
for the online transfer of such amount from the Winnings Account to the
User's bank account on record with TOSS. Users are requested to note that
they will be required to provide valid photo identification and address proof
documents for proof of identity and address in order for TOSS to process
the withdrawal request. The name mentioned on the User's photo
identification document should correspond with the name provided by the
User at the time of registration on TOSS, as well as the name and address
existing in the records of the User's bank account as provided to TOSS. In
the event that no bank account has been registered by the User against
such User's account with TOSS, or the User has not verified his/her User
account with TOSS, to TOSS's satisfaction and in accordance with these
Terms and Conditions, TOSS shall provide such User with a notification to
the User's email address as on record with TOSS at least 30 days prior to
the Auto Transfer Date, and in case the User fails to register a bank account
with his/her User Account and/or to verify his/her User Account by the Auto
Transfer Date, TOSS shall be entitled to forfeit any amounts subject to
transfer on the Auto Transfer Date. Failure to provide TOSS with a valid
bank account or valid identification documents (to TOSS's satisfaction) may
result in the forfeiture of any amounts subject to transfer in accordance with
this clause.
Further, in order to conduct promotional activities, TOSS may gratuitously
issue Cash Bonus to the User for the purpose of participation in any
Tournament(s) and no User shall be permitted to transfer or request the
transfer of any amount in to the Cash Bonus. The usage of any Cash Bonus
issued shall be subject to the limitations and restrictions, including without
limitation, restrictions as to time within which such Cash Bonus must be
used, as applied by TOSS and notified to the User at the time of issue of
such amount. The issue of any Cash Bonus to the user is subject to the
sole discretion of TOSS and cannot be demanded by any User as a matter
of right. The issue of any Cash Bonus by Deam11 on any day shall not
entitle the user to demand the issuance of such Cash Bonus at any
subsequent period in time nor create an expectation of recurring issue of
such Cash Bonus by TOSS to such User. The Cash Bonus granted to the
user may be used by such User for the purpose of setting off against the
contribution to prize pool in any Tournament, in accordance with these
Terms and Conditions. The Cash Bonus shall not be withdraw-able or
transferrable to any other account of the User, including the bank account of
such User, or of any other User or person, other that as part of the winnings
of a User in any Tournament(s). In case the User terminates his/her account
with TOSS or such account if terminated by TOSS, all Cash Bonus granted
to the user shall return to TOSS and the User shall not have any right or
interest on such points.
All Cash Bonus credited in the User account shall be valid for a period of 14
days from the date of credit. The unutilized Cash Bonus shall expire at the
end of 14 days from the date of credit.
Users agree that once they confirm a transaction on TOSS, they shall be
bound by and make payment for that transaction.
The User acknowledges that subject to time taken for bank reconciliations
and such other external dependencies that TOSS has on third parties, any
transactions on TOSS Platform may take up to 72 hours to be processed.
Any amount paid or transferred into the User's 'Unutilized' Account or
Winnings Account may take up to 72 hours to reflect in the User's
'Unutilized' Account or Winnings Account balance. Similarly, the utilization of
the Cash Bonus or money debited from 'Unutilized' Account or Winnings
Account may take up to 72 hours to reflect in the User's 'Unutilized' Account
or Winnings Account balance. Users agree not to raise any complaint or
claim against TOSS in respect of any delay, including any lost opportunity to
join any Tournament or marketdue to delay in crediting of transaction
amount into any of the User's accounts
A transaction, once confirmed, is final and no cancellation is permissible.
TOSS may, in certain exceptional circumstances and at its sole and
absolute discretion, refund the amount to the User after deducting
applicable cancellation charges and taxes. At the time of the transaction,
Users may also be required to take note of certain additional terms and
conditions and such additional terms and conditions shall also govern the
transaction. To the extent that the additional terms and conditions contain
any clause that is conflicting with the present terms and conditions, the
additional terms and conditions shall prevail.
14. Tabulation of fantasy points
TOSS may obtain the market data 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 market organiser. In the rare event that any error in the computation or tabulation of
fantasy points, selection of winners, abandonment of a market 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 market organiser comes to its attention, TOSS shall use best
efforts to rectify such error prior to the distribution of prizes. However, TOSS 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 as a result 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 TOSS in this
respect.
15. Selection and Verification of Winners and Conditions relating to the Prizes
Selection of Winners
Winners will be decided on the basis of the scores of the Portfolios in a designated
market(which may last anywhere between one day and an entire tournament) of
the Tournament(s). The Participant(s) owning the Portfolio(s) with the highest
aggregate percentage score in a particular market shall be declared the Winner(s).
In certain pre-specified Tournaments, TOSS may declare more than one Winner
and distribute prizes to such Winners in increasing/decreasing order of their
Portfolio's aggregate percentage score at the end of the designated market of the
Tournament. The contemplated number of Winners and the prize due to each
Winner in such Tournament shall be as specified on the Tournament page prior to
the commencement of the Tournament.
Participants creating Portfolios on behalf of any other Participant or person shall be
disqualified.
In the event of a tie, the winning Participants shall be declared Winners and the
prize shall be equally divided among such Participants.
TOSS shall not be liable to pay any prize if it is discovered that the Winner(s) have
not abided by these Terms and Conditions, and other rules and regulations in
relation to the use of the TOSS, Tournament, "Fantasy Rules", etc.
Contacting Winners
Winners shall be contacted by TOSS or the third party conducting the Tournament
on the e-mail address provided at the time of registration. The verification process
and the documents required for the collection of prize shall be detailed to the
Winners at this stage. As a general practice, winners will be required to provide
following documents:
Photocopy of the User's PAN card;
Photocopy of a government-issued residence proof;
User's bank account details and proof of the same.
TOSS shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings
unless the above-mentioned documents have been received and verified within the
time-period stipulated by TOSS. The User represents and warrants that the
documents provided in the course of the verification process are true copies of the
original documents to which they relate.
Participants are required to provide proper and complete details at the time of
registration. TOSS shall not be responsible for communications errors,
commissions or omissions including those of the Participants due to which the
results may not be communicated to the Winner.
The list of Winners shall be posted on a separate web-page on the TOSS. The
winners will also be intimated by e-mail.
In the event that a Participant has been declared a Winner on the abovementioned
web-page but has not received any communication from TOSS, such Participant
may contact TOSS within the time specified on the webpage.
Verification process
Only those Winners who successfully complete the verification process and provide
the required documents within the time limit specified by TOSS shall be permitted
to withdraw/receive their accumulated winnings (or any part thereof). TOSS shall
not entertain any claims or requests for extension of time for submission of
documents.
TOSS shall scrutinize all documents submitted and may, at its sole and absolute
discretion, disqualify any Winner from withdrawing his accumulated winnings (or
any part thereof) on the following trading days:
Determination by TOSS that any document or information submitted by the
Participant is incorrect, misleading, false, fabricated, incomplete or illegible;
or
Participant does not fulfill the Eligibility Criteria specified in Clause 10
above; or
Any other trading day.
Taxes Payable
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act
1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with
respect to any prize money amount that is in excess of Rs. 10,000/- is 30% of the
total prize money amount. In case of any revisions by the Government of India to
the aforementioned rate in the future, TDS will be deducted by TOSS in
accordance with the then current prescribed TDS rate. Winners will be provided
TDS certificates in respect of such tax deductions. The Winners shall be
responsible for payment of any other applicable tax, including but not limited to,
income tax, gift tax, etc. in respect of the prize money.
Miscellaneous
The decision of TOSS with respect to the awarding of prizes shall be final, binding
and non-contestableable.
Participants playing the paid formats of the Tournament(s) confirm that they are not
residents of any of the following Indian states - Assam, Odisha, Sikkim, Nagaland,
Telangana or Andhra Pradesh. If it is found that a Participant playing the paid
formats of the Tournament(s) is a resident of any of the above mentioned states,
TOSS shall disqualify such Participant and forfeit any prize won by such
Participant. Further TOSS may, at its sole and absolute discretion, suspend or
terminate such Participant's account with TOSS. Any amount remaining unused in
the User's Game Account or Winnings Account on the date of deactivation or
deletion shall be reimbursed to the User by an online transfer to the User's bank
account on record with TOSS, subject to the processing fee (if any) applicable on
such transfers as set out herein.
If it is found that a Participant playing the paid formats of the Tournament(s) is
under the age of eighteen (18), TOSS shall be entitled, at its sole and absolute
discretion, to disqualify such Participant and forfeit his/her prize. Further, TOSS
may, at its sole and absolute discretion, suspend or terminate such Participant's
account.
To the extent permitted by law, TOSS makes no representations or warranties as to
the quality, suitability or merchantability of any prizes and shall not be liable in
respect of the same.
TOSS may, at its sole and absolute discretion, vary or modify the prizes being
offered to winners. Participants shall not raise any claim against TOSS or question
its right to modify such prizes being offered, prior to closure of the Tournament.
The Winners shall bear the shipping, courier or any other delivery cost in respect of
the prizes.
The Winners shall bear all transaction charges levied for delivery of cash prizes.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged /
redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
16. Publicity
Acceptance of a prize by the Winner constitutes permission for TOSS, and its affiliates to
use the Winner's name, likeness, voice and comments for advertising and promotional
purposes in any media worldwide for purposes of advertising and trade without any further
permissions or consents and / or additional compensation whatsoever.
The Winners further undertake that they will be available for promotional purposes as
planned and desired by TOSS without any charge. The exact dates remain the sole
discretion of TOSS. Promotional activities may include but not be limited to press events,
internal meetings and ceremonies/functions.
17. General Conditions
If it comes to the notice of TOSS that any governmental, statutory or regulatory
compliances or approvals are required for conducting any Tournament(s) or if it comes to
the notice of TOSS that conduct of any such Tournament(s) is prohibited, then TOSS shall
withdraw and / or cancel such Tournament(s) without prior notice to any Participants or
winners of any Tournament(s). Users agree not to make any claim in respect of such
cancellation or withdrawal of the Tournament or Tournament it in any manner.
Employees, directors, affiliates, relatives and family members of TOSS, will not be eligible
to participate in any Tournament(s).
18. Dispute and Dispute Resolution
The courts of competent jurisdiction at Pune or Mumbai shall have exclusive
jurisdiction to determine any and all disputes arising out of, or in connection with,
the TOSS Services provided by TOSS (including the Tournament(s)), the
construction, validity, interpretation and enforceability of these Terms and
Conditions, or the rights and obligations of the User(s) (including Participants) or
TOSS, as well as the exclusive jurisdiction to grant interim or preliminary relief in
case of any dispute referred to arbitration as given below. All such issues and
questions shall be governed and construed in accordance with the laws of the
Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which
may arise, the party raising the dispute shall provide a written notification
("Notification") to the other party. On receipt of Notification, the parties shall first try
to resolve the dispute through discussions. In the event that the parties are unable
to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute
shall be settled by arbitration.
The place of arbitration shall be Mumbai, India. All arbitration proceedings shall be
conducted in English and in accordance with the provisions of the Arbitration and
Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will
bear its own costs of arbitration and equally share the fees of the arbitrator unless
the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass
interim orders and awards, including the orders for specific performance and such
orders would be enforceable in competent courts. The arbitrator shall give a
reasoned award.
Nothing contained in these Terms and Conditions shall prevent TOSS from seeking
and obtaining interim or permanent equitable or injunctive relief, or any other relief
available to safeguard TOSS's interest prior to, during or following the filing of
arbitration proceedings or pending the execution of a decision or award in
connection with any arbitration proceedings from any court having jurisdiction to
grant the same. The pursuit of equitable or injunctive relief shall not constitute a
waiver on the part of TOSS to pursue any remedy for monetary damages through
the arbitration described herein.
19. Release and Limitations of Liability
Users shall access the TOSS Services provided on TOSS voluntarily and at their
own risk. TOSS shall, under no circumstances be held responsible or liable on
account of any loss or damage sustained (including but not limited to any accident,
injury, death, loss of property) by Users or any other person or entity during the
course of access to the TOSS Services (including participation in the
Tournament(s)) or as a result of acceptance of any prize.
By entering the tournaments and accessing the TOSS Services provided therein,
Users hereby release from and agree to indemnify TOSS, and/ or any of its
directors, employees, partners, associates and licensors, from and against all
liability, cost, loss or expense arising out their access to the TOSS Services
including (but not limited to) personal injury and damage to property and whether
direct, indirect, consequential, foreseeable, due to some negligent act or omission
on their part, or otherwise.
TOSS accepts no liability, whether jointly or severally, for any errors or omissions,
whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to
their access of TOSS Services by conducting an illegal act or due to nonconformity with these Terms and Conditions and other rules and regulations in
relation to TOSS Services, including provision of incorrect address or other
personal details. Users also undertake to indemnify TOSS and their respective
officers, directors, employees and agents on the happening of such an event
(including without limitation cost of attorney, legal charges etc.) on full indemnity
basis for any loss/damage suffered by TOSS on account of such act on the part of
the Users.
Users shall indemnify, defend, and hold TOSS harmless from any third party/entity/
organization claims arising from or related to such User's engagement with the
TOSS or participation in any Tournament. In no event shall TOSS be liable to any
User for acts or omissions arising out of or related to User's engagement with the
TOSS or his/her participation in any Tournament(s).
In consideration of TOSS allowing Users to access the TOSS Services, to the
maximum extent permitted by law, the Users waive and release each and every
right or claim, all actions, causes of actions (present or future) each of them has or
may have against TOSS, its respective agents, directors, officers, business
associates, group companies, sponsors, employees, or representatives for all and
any injuries, accidents, or mishaps (whether known or unknown) or (whether
anticipated or unanticipated) arising out of the provision of TOSS Services or
related to the Tournaments or the prizes of the Tournaments.
20. Disclaimers
To the extent permitted under law, neither TOSS nor its parent/holding company,
subsidiaries, affiliates, directors, officers, professional advisors, employees shall be
responsible for the deletion, the failure to store, the mis-delivery, or the untimely
delivery of any information or material.
To the extent permitted under law, TOSS shall not be responsible for any harm
resulting from downloading or accessing any information or material, the quality of
servers, games, products, TOSS services or sites, cancellation of competition and
prizes. TOSS disclaims any responsibility for, and if a User pays for access to one
of TOSS's Services the User will not be entitled to a refund as a result of, any
inaccessibility that is caused by TOSS's maintenance on the servers or the
technology that underlies our sites, failures of TOSS'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. In addition, TOSS
does not provide any warranty as to the content on the TOSS(s). TOSS(s) content
is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through TOSS is done
at the User's discretion, competence, acceptance and risk, and the User will be
solely responsible for any potential damage to User's computer system or loss of
data that results from a User's download of any such material.
TOSS shall make best endeavours to ensure that the TOSS(s) is error-free and
secure, however, neither TOSS nor any of its partners, licensors or associates
makes any warranty that:
the TOSS(s) will meet Users' requirements,
TOSS(s) will be uninterrupted, timely, secure, or error free
the results that may be obtained from the use of TOSS(s) will be accurate
or reliable; and
the quality of any products, TOSS Services, information, or other material
that Users purchase or obtain through TOSScom(s) will meet Users'
expectations.
In case TOSS discovers any error, including any error in the determination of
Winners or in the transfer of amounts to a User's account, TOSS reserves the right
(exercisable at its discretion) to rectify the error in such manner as it deems fit,
including through a set-off of the erroneous payment from amounts due to the User
or deduction from the User's account of the amount of erroneous payment. In case
of exercise of remedies in accordance with this clause, TOSS agrees to notify the
User of the error and of the exercise of the remedy(ies) to rectify the same.
To the extent permitted under law, neither TOSS nor its partners, licensors or
associates shall be liable for any direct, indirect, incidental, special, or
consequential damages arising out of the use of or inability to use our sites, even if
we have been advised of the possibility of such damages.
Any TOSS Services, events or Tournament(s) being hosted or provided, or
intended to be hosted on TOSS 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 TOSS Services, events or Tournament(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any
Services, events or Tournaments, Users (including Participants) shall not be
entitled to make any demands, claims, on any nature whatsoever.
21. Miscellaneous
TOSS may be required under certain legislations, to notify User(s) of certain
events. User(s) hereby acknowledge and consent that such notices will be effective
upon TOSS posting them on the TOSS or delivering them to the User through the
email address provided by the User at the time of registration. User(s) may update
their email address by logging into their account on the TOSS. If they do not
provide TOSS with accurate information, TOSS cannot be held liable for failure to
notify the User.
TOSS shall not be liable for any delay or failure to perform resulting from causes
outside its reasonable control, including but not limited to any failure to perform due
to unforeseen circumstances or cause beyond TOSS's control such as acts of God,
war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods,
accidents, network infrastructure failures, strikes, or shortages of tranStock
marketation facilities, fuel, energy, labor or materials or any cancellation of any
cricket/football/basketball/kabaddi/volleyball/hockey/baseball/handball/American
football marketto which a Tournament relates. In such circumstances, TOSS shall
also be entitled to cancel any related Tournament(s) and to process an appropriate
refund for all Participants.
TOSS's failure to exercise or enforce any right or provision of these Terms and
Conditions shall not constitute a waiver of such right or provision.
Users agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the TOSS or these Terms must be
filed within thirty (30) days of such claim or cause of action arising or be forever
barred.
These Terms and Conditions, including all terms, conditions, and policies that are
incorporated herein by reference, constitute the entire agreement between the
User(s) and Stock market a Technologies Private Limited and govern your use of
the TOSS, superseding any prior agreements that any User may have with Stock
market a Technologies Private Limited.
If any part of these Terms and Conditions is determined to be indefinite, invalid, or
otherwise unenforceable, the rest of these Terms and Conditions shall continue in
full force.
TOSS reserves the right to moderate, restrict or ban the use of the TOSS,
specifically to any User, or generally, in accordance with TOSS's policy/policies
from time to time, at its sole and absolute discretion and without any notice.
TOSS may, at its sole and absolute discretion, permanently close or temporarily
suspend any TOSS Services (including any Tournament(s)).
TOSS may from time to time conduct/organize, promotions/offers on the platform.
Any two or more promotions cannot be clubbed together with any other promotions
that are running simultaneously on the TOSS platform. Also, promotions/offers
cannot be clubbed with Cash Bonus available with any user.
22. Standard Terms and Conditions of "Invite Friends" program.
The TOSS Invite Friends Program lets you invite friends to join TOSS ("Program"). In the
event that you and your referred friend meet the criteria and complete all the steps
specified in these terms, you and your friend can earn a Cash Bonus from TOSS of upto
Rs. 100 ("Bonus Amount"), which Bonus Amount will be redeemable to join cash
tournaments and tournaments through the TOSS’s mobile application for the iOS and/or
Android mobile devices ("TOSS Application"). To participate in the Program, please note
our terms and conditions ("Terms") in this respect, as they govern your participation in the
Program:
Eligibility – All users who: (i) have an account registered with TOSS's fantasy
gaming platform ("Platform") which account has been verified by TOSS; and (ii) are
eligible to participate in the pay-to play TOSS fantasy cricket, fantasy basketball,
fantasy hockey, fantasy volleyball, fantasy kabbadi, fantasy baseball, fantasy
handball, fantasy American football or fantasy football game (as per the TOSS'’s
terms and conditions, accessible at https://fantasycricket.TOSS.com/in/
termsandconditions); and (iii) have downloaded and installed the TOSS Application
on their respective mobile devices, will be eligible to participate in the Program.
Participation in the Program by proxy is not permitted.
Participation in the Program is voluntary. A user shall not register or operate more
than one user account with TOSS and shall not participate in the Program with
more than one user account with TOSS.
By participating in the Program, you agree to and accept these Terms.
For the purpose of participation in the Program, you are required to have the TOSS
Application downloaded and installed on your mobile device. Through the TOSS
Application, you will be provided with a unique link or code, which can be shared by
you ("“Inviter"”) with friends (each an "“Invitee"”) for the purpose of inviting such
friends to create and register an account with TOSS and download the TOSS
Application. On receiving the link or code from the Inviter, the Invitee may either: (i)
Click on the link, consequent to which such Invitee will be directed to a registration
page and will be provided the option to register an account with TOSS and
download and install the TOSS Application on his/her device; or (ii) download and
install the TOSS Application on his/her device independently, register for a TOSS
account through the TOSS Application and enter the unique code shared by the
Inviter where prompted in the TOSS Application.
The Inviter and the Invitee will be eligible to earn the Bonus Amount subject to
(amongst other terms specified in these Terms): (i) the Invitee not being an existing
user of TOSS; and (ii) the Inviter and Invitee being eligible to participate in the payto play TOSS fantasy stock market game; and (iii) the Invitee successfully
registering for an account with TOSS through the unique link or by using the unique
code shared by the Inviter; and (iv) the Inviter and Invitee agreeing to the license
agreement for the TOSS Application and downloading and installing the TOSS
Application as available for the Inviter’s and Invitee’s respective mobile devices;
and (v) the Inviter and Invitee verifying the Inviter’s and the Invitee’s respective
mobile number as provided at the time of registration within thirty (30) days from
the date on which Invitee registers for an account with TOSS ("Verification Period").
For the purposes of these Terms, an 'existing user of TOSS' shall mean a user who
presently operates an account with the Platform or operated an account with the
Platform at any point of time.
An Invitee who is an existing user of TOSS is not permitted to register a new
account with the Platform for the purpose of availing of the Bonus Amount. TOSS
will determine in its sole discretion whether an Invitee is an existing user of TOSS
or not and take appropriate action.
The verification process may require an Inviter/Invitee to submit personal
information about the user (Inviter/Invitee) and documents identifying the Inviter/
Invitee. The Inviter agrees to receive communication from TOSS and to allow
TOSS to communicate with Invitees referred by you about the Inviter's participation
in the Program. Any information collected in respect of the Inviter/Invitee as part of
the Program or otherwise in the course of such person's use of the Website shall
b e su b j e ct to TOSS's Pri va cy Po l i cy (a va i l a b l e h e re : h ttp s://
fantasycricket.TOSS.com/in/privacypolicy for Indian users)
The verification of an Inviter/Invitee shall be completed at the time of first
withdrawal by the Inviter/Invitee from the Inviter’s/Invitee's 'Your Winnings' account
or 'Your Deposits' account with the Platform. An Inviter/Invitee may voluntarily seek
verification of the Inviter/Invitee by clicking on the 'Verify Now' tab of the Account
Balance page of the Inviter/Invitee's account with the Platform. In the event that the
Invitee opts to register for a TOSS account through the TOSS Application, the
Invitee can verify his/her contact information at the time of registration.
The Invitee will be eligible to earn a Bonus of Rs.100 (“Invitee Bonus”) upon a)
successful verification of the Invitee’s mobile number. b) Provided that the Invitee
completes the step mentioned in a) above within the Verification Period, the
applicable Invitee Bonus shall be credited to the Invitee's Cash Bonus Account with
the Platform, within fifteen (15) days of completion of successful verification of the
Invitee’s mobile number. In the event that the Invitee fails to verify the Invitee's
mobile number within the Verification Period or omits to provide documents
requested for such verification, the Invitee shall not receive the applicable Invitee
Bonus specified above due to the Invitee for completing such verification process.
Inviter Bonus a) In order for an Inviter to be eligible to earn the Bonus Amount due
to him/her ("Inviter Bonus"), the Inviter must also download and install the TOSS
Application on his/her mobile device verify his/her mobile number and email
address prior to the completion of the Verification Period. b) The credit of the Inviter
Bonus is contingent on the Invitee's participation in cash tournaments on the
Platform. For every Rs. 1 spent by the Invitee to join cash tournaments on the
Platform, the Inviter will be eligible to earn a bonus amount of Rs. 0.50 subject to a
maximum of Rs. 100. As an example, in the event that the invitee uses Rs. 100
from his Cash Bonus Account or Unutilized Account to join a cash tournament or
tournament through a TOSS Application, the Inviter shall be eligible to receive Rs.
50 as Inviter Bonus upon the successful completion of such tournament or
tournament, provided that the Inviter has successfully completed the requisite
steps detailed in a) above that make him/her eligible to receive such amount. c)
Subject to the provisions of a) and b) above, the applicable Inviter Bonus earned by
the Inviter shall be credited to the Inviter's Cash Bonus Account within fifteen (15)
days of the completion of the cash tournament or tournament in which Invitee has
used the Invitee Bonus or within fifteen (15) days of the Inviter completing the
relevant step verification process, as the case may be. In the event that the Inviter
fails to complete any of the verification steps within the Verification Period or omits
to provide documents requested for such verification, the Inviter shall not be
eligible to earn the applicable Inviter Bonus. d) It is clarified that the Inviter will be
eligible to receive the Inviter Bonus with respect to any tournaments or
tournaments only in the event the winners are declared for such tournaments or
tournaments only. In the event that the tournament entry amount paid by the Invitee
is refunded to the Invitee with respect to any cash tournament or tournament, for
any reason, the Inviter shall not be eligible to receive any Inviter Bonus for such
tournament or tournament.
The Bonus Amounts credited to the Inviter/Invitee can be used by the Inviter/Invitee
to join cash tournaments and tournaments offered by TOSS through the Platform.
No part of the Bonus Amount may be used to join private tournaments or be
withdrawn or transferred to any other cash balance account held by the Inviter/
Invitee with TOSS or to any third party account or to any bank/payment instrument
account. THE BONUS AMOUNT SHALL EXPIRE AND BE WITHOUT EFFECT AT
THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS
AMOUNT.
The deposit of the Bonus Amount shall be at the sole discretion of TOSS and shall
be subject to the Inviter’s/Invitee’s compliance with these Terms. TOSS may
substitute or change the Bonus Amount offered under the Program at any time
without notice. An Inviter/Invitee may not substitute the amount of Bonus Amount or
substitute offering for other items or exchange for cash.
TOSS reserves the right to:
withhold the deposit of the Bonus Amount; and/or
forfeit any deposited Bonus Amount to an Inviter/Invitee or any prizes/
winnings earned by the participant by using such Bonus Amount; and/or
deactivate the accounts of the Inviter/Invitee, in the event that it determines
or reasonably believes that such Inviter/Invitee has violated these Terms or
the terms and conditions of the TOSS fantasy games.
Mere participation in the Program does not entitle the Inviter/Invitee to receive any
Bonus Amount.
TOSS may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such
Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any
illegal, unlawful or improper conduct (with regard to the Program or otherwise).
The decision of TOSS will be final and binding with regard to the Program, and the
deposit of the Bonus Amount and no correspondence, objection, complaints, etc.
will be entertained in this regard.
This Program cannot be clubbed with any other tournaments/promotions/programs
that are running simultaneously and organised or conducted by TOSS.
TOSS reserves the right to change/modify/or withdraw the Program and/or change
these terms and conditions without any prior notice of the same at its sole
discretion.
The Terms and Conditions, as applicable to the TOSS's fantasy games and
services, will apply to and govern the Program.
TOSS does not make any commitment, express or implied, to respond to any
feedback, suggestion and, or, queries of the participants (Inviter/Invitee) of the
Program.
Notwithstanding anything contained herein, the aggregate liability of TOSS to a
participating Inviter/Invitee in relation to the Program for any reason whatsoever
shall not exceed Rs.100.
Contact Us:
Any questions or clarifications with respect to this Policy or any complaints, comments,
concerns or feedback can be sent to TOSS at: feedback@tournamentofstocks.com or by
normal/physical mail addressed to:
Attn: TOSS Team
Dancing Yogi Ventures Private Limited,
60, Sahawas Society, Karve Nagar
Pune-411052
Maharashtra, India.