BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY.
By registering to the Service and/or accessing or using it, you acknowledge that you have understood and agree to be bound by these terms and conditions ("Terms"). These Terms form a binding and enforceable contract between Tournafest and you. The Terms apply whenever you access the Service on any device.
Tournafest may make modifications, deletions, and/or additions to these Terms at any time. When we make material changes to these Terms, we will ask for your renewed agreement, if required, and provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. Changes will be effective:
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
When you use the Services, you warrant that:
The Services is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence if it is higher than 18), you are only allowed to use the Service under the supervision of your parent or legal guardian who agrees to be bound by these Terms.
By registering to the Services and/or accessing or using it, you guarantee that you are at least 13 years of age and that your parent or legal guardian agrees to be bound by these Terms.
In order to gain access and use the Service, you will be required to register your user information, such as username to display, email address, date of birth, and password. You guarantee that the information you provide to us upon registration, and at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. You may be asked to verify your age and identity via a third-party provider.
All transactions are monitored for possible money laundering activity, cheating, and abuses of the platform, and any suspicious activity on your User Account could lead to you being reported to relevant authorities and the freezing and confiscation of funds. As long as your account is active and not subject to any bans, you can log in to your account and view a statement that would show recent transactions on that account. If you notice any mistakes, you must notify us immediately.
Users registered through Facebook and Google, may be asked to revise randomly generated username to a proper username.
On registration, each User will receive a password-protected account and log in information. It shall be the responsibility of the User to treat their log in information, password and any other information that is provided by us, as part of the security procedures, as confidential and not disclose the same to any person or entity other than Tournafest. Each User is solely responsible for all activities that occur under their account, including the use of any of the Services.
Tournafest, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any account or access to the Platform or Services temporarily or permanently and/or initiate appropriate legal proceedings:
Tournafest may, at its sole and absolute discretion:
Under this Agreement, you consent to receive communications from us electronically. We will communicate with you by email, by web notifications, or by posting notices in the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Tournafest employees are only allowed to use the Services for the purpose of testing the user experience but may not gain or withdraw money in cases where the use of service involves money. Tournafest directors, contractors, affiliates, or partners may have the right to use the Services without such limitation, but only if they do not have any access to non-public information relating to the Services or any other advantage that would make their participation unfair to other players using the Service.
The Company grants you a limited sub-license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, 'password mining' or any other illegitimate means.
All competitions will be governed by these Terms along with any specific rules applicable at the time of the competition's start. The specific rules for each competition will be available from time to time at the start of that competition. Such rules may be, but are not limited to, entry fees, the numbers of Users in the competition, duration of the competition, distribution of prizes, etc. When you enter a competition, you acknowledge that you have read and understood in full all the Terms and rules regarding the competitions offered by Tournafest or the third party associated with the competition as stated in the Service.
The list of competitions, their status, and details are available to the User on the Service after login. Any errors or mistakes regarding the details of a competition will not influence its validity. An entry fee that has been paid cannot be amended, withdrawn, or cancelled by the User.
In respect of any transactions entered into on the Tournafest platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
Users shall access our Services provided on our platform(s) voluntarily and at their own risk. Tournafest 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 our Services or as a result of acceptance of any prize.
By entering the contests and accessing the Services provided therein, Users hereby release from and agree to indemnify Tournafest , 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 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.
Tournafest 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 the Services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Tournafest 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 Tournafest on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Tournafest harmless from any third party/entity/organization claims arising from or related to such User's engagement with Tournafest or participation in any Contest. In no event shall Tournafest be liable to any User for acts or omissions arising out of or related to User's engagement with Tournafest or his/her participation in any Contest(s).
In consideration of Tournafest allowing Users to access the 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 Tournafest , 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 Tournafest Services or related to the Contests or the prizes of the Contests.
To the extent permitted under law Tournafest shall not 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, Tournafest shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of Servers, Services, Games, cancellation of any Games and Prizes. Tournafest disclaims any responsibility for, and if a User pays for access to the Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Tournafest maintenance on the Servers or the technology that underlies the Platform, failures of Tournafest's service providers (including but not limited to telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of Tournafest facilities, acts of nature, war, civil disturbance, outbreak or any other cause beyond Tournafest reasonable control. Additionally, Tournafest does not provide any warranty as to the content on the Platform, with such content distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through Tournafest 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.
Tournafest shall make best endeavour to ensure that the Platform (s) provided by it for the purpose of facilitating its services is error-free and secure, however, neither Tournafest nor any of its partners, licensors or associates makes any warranty that:
Any Services being hosted or provided or intended to be hosted or provided by Tournafest and requiring specific permission or authority from any statutory authority or any State or the Central government 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 are hosted or provided.
In case Tournafest discovers any error, including any error in the determination of Winners or in the transfer of Prize amounts to a User's account, Tournafest 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, Tournafest agrees to notify the User of the error and of the exercise of the remedy(is) to rectify the same.
The parties agree that these Terms and Conditions shall be construed in accordance with the laws of India.
The courts of Ahmedabad, India shall have exclusive jurisdiction over any Disputes (defined below) arising between the parties hereunder.
The parties shall attempt to amicably settle any dispute arising out of these Terms and Conditions and the obligations there under (each a "Dispute"). Either party may give written notice of a Dispute to the other party within 30 days of the occurrence of the event which gives rise to such Dispute or the day that such event came to the notice of the applicable party.
If any Dispute arising between the parties is not amicably settled within 30 days of commencement of amicable attempts to settle the same as provided above, the Dispute shall be referred to, and be finally settled by, arbitration. The parties agree that the arbitration proceedings will be conducted at Jaipur, Rajasthan and shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. The parties agree that the Dispute shall be adjudicated by a single arbitrator appointed by Tournafest. The decision of the arbitrator shall be final and binding on the parties.
Notwithstanding anything contained in this Clause, Tournafest may seek and obtain interim or permanent equitable or injunctive relief, or any other relief available to safeguard Tournafest 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 Tournafest to pursue any remedy for monetary damages through the arbitration described herein.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and Conditions are effective unless and until terminated by either Tournafest or the Users. The Users may terminate these Terms and Conditions at any time by notifying Tournafest that they no longer wish to use the Platform or the Services, or when they cease using the Platform.
If in Tournafest sole judgment the Users fail, or they suspect that the Users have failed, to comply with any term or provision of these Terms and Conditions, Tournafest may also terminate their access to the Platform, or cease the provision of the Services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the Platform or the Services (or any part thereof).
Tournafest 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 Tournafest 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 transportation facilities, fuel, energy, labour or materials or any cancellation of any Sports Event to which a Game relates. In such circumstances, Tournafest shall also be entitled to cancel any related Game(s) and to process an appropriate refund for all Participants.
For more information contact us at: [email protected]