A. Description Of Services
FTL, through its app shall offer its Users a simulated financial market based mock trading Game wholly conditioned upon the performance of real assets including but not limited to stocks , forex, commodities and crypto currencies on different relevant markets (collectively the “Assets”) based on the publicly available information and data. Such mock Game may be offered to the User without limits on a daily, hourly, weekly, monthly, fortnightly or bi-annually basis as per the discretion of TTPL. The Website shall contain the various informative courses, write-ups, content and blogs related to financial markets which may be used by the User to improve his/her skills. While some of the above mentioned courses, write-ups, content and blogs will be available on the Website free of cost to the User, others may be made accessible to the User upon the redemption of designated amount of ‘Coins’ on the FTL app.
A.1 FORMATS OF THE GAME
Upon entering the FTL app, the Users shall be offered 2 (two) types of Game formats to choose from, one is a pay-to-play format while the other is a free-to-play format. These same are explained here under:
(i) Free-to-play Format (the “Practice Nets”): On the FTL app, this format of the Game shall be available under the option shown under the title ‘Practice Nets’. In this format, the Users can play the mock Game absolutely free of cost without having to purchase in app Coins by paying real currency on the FTL app. The Game is a simulation where the User upon starting a session will immediately be provided with a fixed amount of units of fictitious cash which can then be used to play on the pretend market on the FTL app by purchasing units of various mock stocks, forex, commodities or crypto currencies as per the User’s own analysis of such assets’ performance on the dummy market. Playing this format would enable the User to test/practice his/her skills. The salient features of this format of the Game are:
- No prizes awarded for this format of the Game. Hence, the prize pool as seen in the Play-off League will not be visible to the participating Users in this mode;
- The participating Users playing this format will not be able to view the total number of Users participating in that round of the Game on Practice Nets;
- Users will not be required to purchase of Coins on the FTL app to play this format. The User can directly start choosing Assets, create the Assets portfolio using the fictitious cash units allocated by FTL and start playing;
- The Game on Practice Nets will begin and end at the time allocated by the FTL admin team and TTPL at their discretion; and
- There is no limit to the number of Assets or units of those Assets selected by a participating User using the allotted fixed amount of fictitious cash units in the Game.
Pay-to-play Format (the “Play-off League”): On the FTL app, this format of the Game is a pay-to-play format available to the User without limits either daily, hourly, fortnightly, monthly or bi-annually where the User, upon selecting this option on the FTL app, is required to redeem a minimum number of virtual coins (the “Coins”), purchased on the FTL app itself as directed. The User may choose to purchase Coins worth more than the minimum required amount, however, each Play-off League Game shall be played only with a set amount of fictitious cash allotted to each User by the FTL app in the Game and no more. Only that amount of Coins as required to enter the Play-off Game will be redeemable by the User and the User will not be allowed to redeem more than the required number of Coins for a single Play-off Game irrespective of having more than the required number of Coins in his/her wallet. Hence, Users cannot play the Game by purchasing more amount of fictitious cash than that allocated uniformly to every User by the app for a single round of the Game. The User can maintain his/her additionally purchased Coins in his/her wallet on the FTL app, redeeming them accordingly at will to play future Play-off Leagues. Redeeming the minimum required virtual Coins will entitle every participating User with a balance of a certain amount of units of the fictitious cash with which the User can play the Play-off League on the FTL app without limits on a given day, hour, week, month, fortnight or bi-annually. Each Coin purchased by a User on the FTL app will be charged at INR 1 (one rupee) to the User. Therefore each User desirous of playing in the Play-off League on the FTL app shall be necessarily required to make a payment of the INR equivalent to the same amount of virtual Coins on FTL app. Users would not be entitled to a refund of the currency once purchased on the FTL app.
The FTL app can be accessed from a computer or any mobile device connected to the internet. The link to download the FTL app is available on the Google Play store/Apple App store. TTPL reserves the right at all times to change, modify, add, subtract from or discontinue any aspect or feature of the FTL app and/or the Services, including without limitation the application itself, hours of availability, or the availability of the Service on any particular device or communications service. TTPL is under no obligation to provide the User with notice of any such change.
Users may access the FTL app and the Website. The Website can be visited by any User without expressly agreeing with these ToUs, however, by availing of any of the Services on the Website, the pop up notification for agreeing with these ToUs will show up and the User will not be able to avail of any of the Services provided on the Website without confirming their agreement with the same.
The following are the steps to be followed by a User to successfully register himself/herself on the FTL app:
Upon gaining access into the FTL app, the User shall automatically be directed to the first login page. On this page, the User will be required to enter his/her mobile number. Users may note that the system on the FTL app will only accept the entry of only valid 10 (ten) digit mobile numbers. The User through this Agreement declares that for the purposes of registration on the FTL app, his/her mobile number entered on the app is not one which is registered in a ‘restricted’ state (as defined in section ‘G’ herein below). Once the User’s valid mobile number is entered, an OTP code shall immediately sent via message by the FTL app to the mobile number registered on the app. When the OTP page opens and requests the User to enter the OTP code, the User shall manually enter this OTP code on the said page.
Upon entering the requisite correct OTP code on the OTP login page, the User will automatically be directed to the next registration page. Here, the User must enter his/her name and his/ her valid email ID. At this stage, the User shall also have the option of uploading any picture as his/her display picture on the FTL app for ease of identification. Users hereby agree not to upload without limitation any offensive, discriminatory, religiously motivated or any kind of other derogatory or hurtful image as their display picture. Users uploading display pictures which are not acceptable to TTPL or the FTL admin team, shall be immediately requested to remove the same via a notification which will be sent to that User on his/her registered email ID. Refusal to remove the objectionable image shall render that User’s account on the FTL app liable to be temporarily or permanently disabled by TTPL or the FTL admin team, as the case may be, at their sole discretion, the same being non-negotiable nor appealable. The User through this Agreement, also hereby unconditionally provides TTPL with the express consent to use the User’s display picture on the FTL app for any internal or external purposes whatsoever, except for commercial purposes other than that concerning FTL. The email ID entered by the User will be used by FTL owners TTPL or the FTL support team to contact the User directly whenever required, at any stage, for all purposes.
The FTL app systems do not allocate the User with a random User ID and a unique password for subsequent login purposes. When registering with the FTL app, The User agrees to: (a) provide true, accurate, current and complete information about the User’s details as entered (such information being the ‘Registration Data’) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete, or TTPL or the FTL administration team has any grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TTPL or the FTL admin team may suspend or terminate the User’s account and refuse any and all current or future use of the Services (or any portion thereof). Upon suspicion of any nature whatsoever regarding any fraudulent or suspicious login activities, the FTL admin team may contact such User via email for verification purposes before granting that User access to the FTL app.
The User may not authorise any third party to access or use the Services on the User’s behalf. The Users are solely responsible for maintaining the confidentiality of their registration details entered on the FTL app and for all activities that occur under the User’s registered profile on the FTL app. The User agrees to immediately notify the FTL support team via email on email@example.com of any unauthorised use of the User’s profile on the FTL app or any other breach of security whatsoever. The burden of proving that unauthorised use of the User’s profile and login details has indeed taken place, shall lie upon that User alone. If such unauthorised use by a non-authorised third party is proven by the User to the comfortable satisfaction of the FTL admin team, then the FTL admin team, upon a written complaint made via that User through email, shall temporarily suspend the account of that User, till the matter is resolved at the User’s end. Such account may be resumed once the User confirms to the FTL support/admin team in writing that the issues regarding unauthorised login has been permanently resolved. TTPL/ FTL team cannot and will not under any circumstances whatsoever, be liable for any loss or damage arising from any unauthorised use of the User’s registered account.
B.1 GENERAL WALKTHROUGH – THE PROFILE PAGE
FTL assistance and support
The profile page also contains the ‘support’ option which will provide the User with the FTL support team’s email ID which is firstname.lastname@example.org . In case the User wishes to raise any concerns with FTL administration or TTPL regarding anything in relation, without limitation, the Game, the formats, gameplay, login, actions or behaviour of other Users on FTL, purchase of Coins, data, unauthorised usage or payments, the User may notify and inquire from FTL support team about such concerns through email sent on the FTL support team’s email Id as mentioned above. FTL admin/support team will make its best efforts to reply to the User about the complaint/concern so raised within a period of 24 (twenty four) to 48 (forty eight) hours from the time of receipt of the email from the User. For ease of convenience, Users are advised to log into their respective Games at least 15 (fifteen) minutes prior to the displayed start time of the Games in the respective formats. In case of a login or any other issue where the support ticket is raised upon the FTL support team with 15 (fifteen) minutes or less time remaining till the official start of the Game, shall be resolved in due course by the FTL support/ admin team without any time frame being specifically provided to resolve the same. TTPL or FTL takes no responsibility for any damages of any nature whatsoever caused to the User, as a result of any grievance of the User not being resolved by the FTL support/admin team within the time prescribed above. If the concern, complaint or query is related to the User gaining access to the Game on a particular day, the FTL support/admin teams shall make their best efforts to ensure that the User is able to log into his/her selected Game before its official start time as indicated on the FTL app. However, no guarantees of the same are provided by TTPL or FTL of the same. Further, in such circumstances, depending on the nature of the complaint/query or concern, TTPL and/or FTL admin team shall have the sole discretion on restricting the User from gaining access to any of the Services, till the time the support ticket is not finally resolved. A User having a grievance of any kind is required to include his/her name and the registered mobile number (as provided on the FTL app) in the subject line of the email written to the FTL support team for ease of identification of the querist/complainant by FTL. The emails received from any User failing to mention the above details, shall be ignored by the FTL support team and a notification of the deficiency will be notified to that User.
B.2 LEAGUE PAGE
Once the registration process as mentioned in section B above has been completed, in the case of a new User, such User will be shown a ‘User detail’ page where the User can check and confirm his/her name and email ID as registered with FTL. Thereafter such User shall go to the Leagues page (herein after the “League Page”) which contains the option of playing either of the 2 (two) aforementioned formats of the Game i.e. (i) the Practice Nets (free play version); and (ii) the Play-off League (pay-to-play version). The returning Users who are already registered with FTL, upon re-login will be sent directly to the League Page. The User will see an ‘Enter’ click button under the respective titled arenas on the League Page and can choose to play in either of the said arenas by clicking on the ‘Enter’ button under the tile for that respective format.
The User can enter the Practice Nets directly and start choosing his portfolio of Assets without any further interruption. However, for the Play-off League, a minimum number of Coins will have to be redeemed by the User to become a legitimate participant in that Game. No User shall be allowed to obtain a higher amount of fictitious cash units or redeem a higher number of Coins for additional fictitious cash in the Play-off League. The Coins are specific to the purpose of the availing specific parts of the Services alone and cannot be used for acquiring the other services on the FTL platforms which are specifically designated as being free of charge.
Both formats of the Game i.e. Practice Nets and Play-off League shall have the ‘Rules of play’ for that particular format mentioned through a click button on the League Page tile of that format of the Game. Every User is advised to read the specific rules and regulations for the respective formats carefully before joining the Game in that format. Further, an ‘Event Time’ will appear on the League Page tile of the formats which is a countdown as to when the Game in that format not limited to, on that particular day, hour, week, month, fortnightly or bi-annually will begin. Once the Play-off League Game begins, the ‘Event Time’ bar on that format’s tile shall display only the ‘End Time’ of the Game. Users can join the Play-off League only prior to the official start time of that Game and will not be allowed to join in once the Game has already begun.
The total current value of the ‘Prize Pool’ accumulated for a particular Play-off League shall be available for viewing for the Users both at the time of joining/entering that Play-off League as a participant and all throughout while the Play-off League is ongoing. The total number of Users participating in the Play-off League Game will also be visible to all the participating Users throughout the entire course of the Game.
B.3 WALLET PAGE
The ‘Wallet’ Page is the page where the User shall find his/her total winnings from the Game(s) played until that point on the FTL app. The first time Users who have no winnings so far shall see a page where the User shall either ‘Go to Playoffs’ or ‘Buy Coins’. For returning Users having some winning amounts accrued in their app wallet already, the wallet page with three options i.e. (i) ‘Buy Coins’, (ii) ‘Redeem Coins’ and (iii) ‘Withdraw’ shall be displayed.
When the User clicks on ‘Buy Coins’ he/she can select the quantity of Coins to buy and then proceed to the payments option after which the User will be directed to the payment gateway to complete the transaction. The User can then go to the Wallets page and redeem those Coins to play the Play-off League or receive other Services. In the ‘Redeem Coins’ option the total winnings of the User will be displayed along with the quantity of Coins that the User will receive if such User wishes to redeem the winnings or part thereof in Coins. The other sort of redemption of Coins is to obtain entry into the Play-off League.
The User may also directly withdraw his/her winnings from the FTL app in INR to his/her own bank account by using the ‘withdraw’ option in the Wallets page. In this option the User will be directed to a page where the User will be required to submit his/her bank account details and IFSC code along with the PAN card number. Once the details are entered and confirmed, the PAN card and bank account details will be sent for verification. Once the PAN card and bank account details are verified the bank account of the User will be registered for withdrawals and the User can successfully withdraw his/her winnings or part thereof into the entered bank account. On the Wallets page, the User can also view his/her history of the transactions done on the FTL app till date.
PAN Card & Bank Account Detail - Verification process
Only those winning Users who successfully have had their PAN cards and bank account details verified by TTPL’s third party payment service provider by submitting to the verification process and provide the required documents shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). The onus of providing correct and accurate PAN card and bank account details lies on the winning User alone. Such winning User can withdraw his/her winnings from the FTL app only if correct PAN card and bank account details are provided on the portal. Also, the participating winning User must also fulfil the Eligibility Criteria as specified in these ToUs. TTPL/FTL takes absolutely no responsibility for any damages whatsoever caused as a result of the winning User providing without limits any false, inaccurate or fabricated details on the portal of TTPL’s third party payment service provider.
C. Description Of The Game
Both formats of the Game begin with the User being allotted a certain amount of fictitious money by the FTL app to spend during the Game. The same amount of this fictitious money shall be made available to each participating User in a single Game. As highlighted in Section A above, in the Practice Nets format, the User is not required to purchase Coins while in the Play-off League, Coins will have to be purchased by the User from the FTL app and redeemed accordingly to play each single round of the Play-off League. The User can win prizes for good performance only in the Play-off League. No prizes are awarded to the User in the Practice Nets. However, a leader-board depicting the rank of the User amongst the participating Users in that Game will be calculated by the FTL app in both formats.
In the Play-off League format the User, redeeming his/her required number of Coins as earlier purchased on the FTL app will join the Play-off League via the home page of the app. The User is then required to create a portfolio of the Assets on offer on the FTL app, which correspond to real assets, forex, commodities or crypto currencies listed in the relevant markets. The User must purchase a minimum number of units of these Assets as required by the Game with the fictitious cash, in order to be considered as a valid participant in the Game.
The Game in both formats will begin at the designated time indicated on the home page for both the formats. The start and end time of the Game shall be decided by TTPL at its own discretion.
Once the Game in either format begins, The FTL app will track the upward or downward movement of these Assets on the relevant markets without limitation on that particular day, hour, week, month, fortnight or bi-annually. Depending on the portfolios created by each User, the FTL app will, at the closure of that League, calculate the average percentage increase or decrease in the overall value of the portfolios created by the Users, which shall be notionally based on the actual performance of such Assets on the relevant market. The calculation and results shall be based on the delayed data received by TTPL from the markets through its third party vendor. Hence, the results on the basis of which the overall ranking of the Users will be determined, shall not be real-time data but a delayed transmission of the publicly available data received from the markets.
The Users depending on their percentage increase or decrease in their Asset portfolio on the app shall be ranked accordingly from the highest to the lowest amongst all the registered Users participating in either format. The participating User whose fictitious portfolio shall record the maximum percentage increase by the end of the League, shall win the Game. The top ranked Users by the end of the Game in the Play-off, shall be eligible to receive cash prizes of varying values as decided on the FTL app depending upon the total number of participants and the prize pool accumulated for that Game. The Users shall be informed of the value of the prizes on the FTL app prior to joining the Play-off League with the prize amount earning of the User decreasing accordingly with a lower rank. The number of participating Users eligible to obtain a prize amount in the Game shall be decided by TTPL prior to the start of the Game and participating Users shall be able to view the same before the Game begins.
The winning Users will be eligible to withdraw their winnings from the FTL app either directly into their bank accounts as earlier registered with FTL’s payment service provider or use the entire winnings or any part thereof to purchase further Coins on the FTL app in order to redeem them to join future Play-off Leagues on the app. The total amount of prize money for the Play-off Game, will depend upon the total revenue collected via FTL through the purchase of minimum required number of Coins by all the participating Users entering that Game. From the total amount collected, a major portion of that amount will be utilised towards forming the prize pool of the Play-off League after deducting necessary taxes. Therefore, the size of the overall prize pool for each Play-off League depends automatically on the total number of Users opting to participate in a particular Play-off League and is subject to fluctuate. TTPL has no direct role in fixing the prize amount for any Game on the FTL app. The Users are informed that there are two primary forms of taxes that would be applicable to the payments made through or received from the FTL app i.e. (i) GST and (ii) TDS. As explained in section ‘Q’ below, while purchasing the Coins on the FTL app, the Users will pay GST in addition to the value of the Coins purchased in each transaction, while during the withdrawal of prize money, TDS as applicable will be deducted from the winnings before the same is transferred into the selected bank account of the User.
C.1 Trade pages
These ‘Trade’ pages consists of the ‘Markets’ page and the ‘Watch List’ page. The contents of both the pages are explained below:
Once on this page, the User will be provided with 3 (three) segregations of performance categories of the Assets which were provided on the FTL app for selection by the Users:
Top Gainers: This category displays all those Assets in descending order, the percentage value of which has increased the maximum on the relevant market in which it is being traded, since the start of the Game.
Top Losers: This category displays all those Assets in descending order, the percentage value of which has decreased the maximum on the relevant market in which it is being traded, since the start of the Game.
Top Movers: This category displays all those Assets in descending order, the value of which has seen the maximum amount of movement in terms of overall either percentage increase or decrease on the relevant market in which it is being traded, since the start of the Game.
The Watch List:
Through this page, the User can keep track of the upward or downward movement of his/her favourite/ preferred set of Assets on the relevant market at any point of time during the Game. This would help the User manage his/her portfolio better and provide valuable assistance in decision making of whether to purchase or sell units of such Assets with the fictitious cash in the Game.
The winners in the game will be decided as per a ranking system calculated by the FTL system by analysing the overall net percentage increase in each User’s portfolio by the end of the Game and will create a leader-board of rankings in descending order amongst all the Users participating in that particular Game. The Game in the Practice Nets format shall end at the time decided by TTPL and/or the FTL admin team.
The User shall also find a ‘search’ option on both the ‘Market’ and the ‘Watch List’ pages on the FTL app. These are located. The search option button (symbol of magnifying glass) present on the Market page and the Watch List page allows the User to search for any Asset listed on the relevant market on which it is being traded in actuality. The User may type on the search bar under this option to seek out his/her favourite Assets and buy or sell the desired number of units of the same on the FTL app for the purposes of the Game(s).
C.2 Portfolio pages
These pages consists of the ‘Holdings’ page and the ‘Orders’ page. The same are explained below:
Having received his/her fictitious cash units, the User may go onto the ‘Holdings’ page whereupon the User shall receive the current value of the fictitious cash units depending on the performance of the User’s Assets on the relevant market as the Game goes on. Further, through the ‘P&L’ option available on the Holdings page, the User will be able to check the average overall percentage movement of his portfolio on the FTL app during the Game. The remaining amount of fictitious cash units of that User will also be available for checking by the User in terms of current values on the ‘Holdings page’.
When the desired Assets from the allotted fictitious cash units are selected from the list of Assets by the User and his/her portfolio of Assets for the Game is complete, the Holdings page will ask the User to ‘Start Trading’ and the Game will begin for the User once he/she places his/her first trade.
The page titled ‘Orders’ is where the entire purchasing and selling history of the User shall be recorded. Nothing will appear on the Orders page if no Assets are bought by the User in the Game. If the Orders page is empty, then the User can go to the ‘Markets’ page to purchase fictitious Assets for the purpose of the Game and the history of such transactions will then show up on the Orders page.
By clicking on the ‘Leader board’ option on the League Page, the User will be able to view his/her current rank in comparison to all other participating Users in the Game at any point of time during the Game. The User will be able to check his/her current rank on the leader board with the difference in portfolio percentage change at all times during the Game.
Selection of the winning Users
Winners will be decided on the basis of the overall percentage increase or decrease in the value of the portfolio created in the Game by each User participating in the Game. The FTL system shall calculate such percentage increase or decrease in the portfolio value of each participating User from the start to the end of each Game. Accordingly, in descending order of movement in the percentage value of each of the portfolios among participating Users of that particular Game, the FTL system will announce a ‘Leader board’ containing the final ranks amongst all the participating Users in that Game. The participating User with the highest aggregate percentage increase in his/her portfolio in a particular Play-off League or Practice Net match shall be ranked as ‘Rank No.1’ on the leader board for that particular Game and so on. The contemplated number of winning Users and the prize amount being won by each such User shall always be displayed on the Game page throughout the duration of the Game. This will only appear in the Play-off League and not in the Practice Nets. The prize amount to be attained by each of the ranked Users shall be displayed prior to the start of the Play-off League to avoid any kind of doubt.
In the event of a tie i.e. if by the end of the Game, 2 (two) or more participating Users finish with the exact same percentage increase in their respective portfolios then such Users will be allotted the same rank on the Leaderboard. The prize money allocated to the rank will be distributed equally amongst all the tied Users. TTPL/FTL shall not be liable to pay any prize if it is discovered that the winner(s) have not abided by these ToUs, and other rules and regulations in relation to the use of the FTL app or the Services therein.
C.4 How to Buy/Sell Assets
Once the User has entered the Markets page, the User will be presented with a number of Assets to choose from to enter them into his Game portfolio of Assets. In order to select a particular Asset to be added to the portfolio, the User must swipe right on that Asset’s image, after which it will be automatically added to the portfolio as well as the Watch List. Tapping on the particular Asset tile on the portfolio shall provide the User with an option to either ‘buy’ or ‘sell’ desired quantities of the units of that particular Asset. In order to buy more units of a particular selected Asset with the fictitious cash units allocated by FTL to the User at the start of the Game, the User shall set the quantity of the units of that Asset to be bought and shall display the per unit price of that Asset. Upon the desired selections being made by the User, he/she will then be navigated back to the ‘Holdings’ page where the current value of the User’s portfolio as per the data being received from the relevant markets will be provided. The User may note that only the Assets purchased (through the fictitious Game cash) by the User can be sold and that too only limited to the unit quantity that was bought or lesser. The units of these selected Assets will be sold in the same manner as they were bought in the Game.
Purchase of Coins
As stated previously, Coins are the products being sold by FTL for a price to its Users since it is the only virtual article using which a User can enter a Play-off League on the FTL app. FTL does not offer any other purchasable Product to its Users on the FTL app apart from these virtual Coins. The User is required to purchase at least a minimum number of these virtual Coins on the FTL app itself in order to play. These Coins can be purchased by a User nowhere else other than on the FTL app and can be redeemed only to enter the Play-offs and for no other purpose either on the FTL app or anywhere else. The User will see a ‘Buy Coins’ option on the ‘Wallets’ page of the app. The User can purchase Coins through the wallet or through direct payment via bank transaction etc. Once the ‘Buy Coins’ button is clicked, the User will be directed towards the payment gateway page to buy and add to the coin balance. For redeeming Coins, the User can do so by entering the ‘Your Winnings’ page.
Redeeming these minimum number of virtual Coins on the FTL application will earn the User a balance of a set amount of units of fictitious cash, with which the User can play the Play-off League. There is no limit to the number of Coins which a User can purchase in a single sitting on the FTL app, however, the User can only redeem those amount of Coins, as required by FTL to be spent as an ‘entry fee’ to play one Play-off League and no more at a single time. All Coins purchased via the FTL app must be redeemed and utilised by the User on the FTL app within a period of 1 (one) year from the date of purchase of the Coins, else they will stand forfeited. No monetary currency spent on the FTL app is refundable back to the User by FTL or TTPL, even if a balance of Coins remain present in the User’s wallet at the time the User permanently ceases the use of the FTL app or any of the Services or the User’s access to the same is suspended or terminated by the FTL admin team for any reason whatsoever. TTPL shall have sole discretion on providing refund of cash to any User. However, the same may only be done under exceptional circumstances.
E. No Grant Of License And Restriction On Use
Neither TTPL, FTL nor any of its third party vendors grant any User any exclusive, transferable or assignable license to the direct use any of the TTPL Properties in connection with the Service, together with each revised or updated version thereof and any documentation provided therewith The User shall not under any circumstances attempt to sublicense, or charge other persons with the promise of allowing them the usage of any of the TTPL Properties at any point.The User shall not without limits sell, assign or grant a security interest in or otherwise even attempt to transfer any right in the TTPL Properties (or any portion of it) into another product or to any other person. The User shall not attempt to make copies of any of the TTPL Properties. The User shall not without limits reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code from the TTPL Properties at any point. The User shall not modify the TTPL Properties or use it in any way not expressly authorised by this Agreement or attempt to hack or manipulate any of the TTPL Properties in any way to use it to obtain an undue advantage of any kind while availing the Services. Further, the User expressly undertakes to not authorise or assist any third party to do any of the things described in this paragraph. Any User dishonestly receiving stolen TTPL Properties, having adequate knowledge of it being stolen with the purpose of it being misappropriated in any manner, shall be liable to be proceeded against in a penal action as contemplated in the relevant provisions of the Information Technology Act, 2008 (the “IT Act”). The penal provisions contained in the afore mentioned section of the IT Act, shall also be applicable towards any of the other offences as mentioned earlier in this paragraph in addition to any other legal or other action which TTPL may prefer at its own discretion at its own end against such perpetrators.It is clarified that the User shall access the FTL app, Website and the Services herein only through the interfaces, portals and protocols provided or authorised by TTPL and FTL admin. The User therefore, agrees that he/she will not access the FTL app or the Services through any unauthorised means whatsoever.All rights granted to the User regarding the entry into and usage of the FTL app, Website and/or Services will terminate absolutely upon the termination of this Agreement in accordance with the provisions of section ‘D’ above. The User, from the date of intimation of termination of his/her account, will be completely disentitled from using or in any way accessing the FTL app and Services or any part thereof or any portion in connection thereto and must immediately desist from using the TTPL Properties through the terminated account.
F. Intellectual Property Rights
The User acknowledges and undertakes that it fully respects the intellectual property rights of TTPL (the “TTPL IPR”), its third-party vendors and application providers, and any other owner of intellectual property whose protected property may be accessed through the FTL app or the Services. All FTL-provided contents of whatever nature on the FTL app, Website and the Services, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (the “FTL Content”) are the sole and exclusive copyright of TTPL and/or the proprietary property of its suppliers, affiliates, or licensors alone. The FTL Content may not be reproduced, modified, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party (including, without limitation, the display and distribution of the material via a third-party website or other networked computer environment), and no derivative work may be created from any FTL Content, without the express prior written consent of TTPL/FTL and/or its suppliers, affiliates, licensors, related Companies, Directors, employees, partners, founders and representatives ( the “TTPL Entities”). No license to any TTPL IPRs is granted to the User by this Agreement, except as specifically stated herein. However, TTPL might have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the material in the FTL app, the Website or the Services. TTPL confirms that unless it has granted the User, specific licenses or permissions to use or refer to its intellectual property in this Agreement, its making available, such material does not automatically provide the User with any license to use the TTPL IPRs in any manner whatsoever. Any rights not expressly granted in this Agreement are reserved by TTPL.FTL, the FTL Website and the FTL logo are, without limitation, either trademarks, service marks or registered trademarks of TTPL. None of the foregoing marks of TTPL or the TTPL Entities may be copied, imitated, reproduced, advertised or used, either in whole or in part, in any manner, without TTPL/FTL’s prior written permission. The User acknowledges that the TTPL Properties and the FTL Content are proprietary and confidential property of TTPL and its Entities only. This Agreement does not convey any rights of ownership or any kind of similar rights in favour of the User with regards to the TTPL Properties or marks. The title to and ownership of all rights in trademarks, service marks, registered trademarks, patents, copyrights, trade secrets and other intellectual property in the TTPL Properties and the FTL Content shall remain with TTPL or other third-party owners, as the case may be. TTPL shall be within its rights to take all legal precautions and actions available under the law to defend its rights regarding the TTPL IPRs in case any actual or perceived infringement of the TTPL IPRs including but not limited to the TTPL Properties and its marks occurs. The User will not claim any rights in the TTPL IPRs or even any part thereof, at any point of time.
The Game(s) in both formats as mentioned above are open only to persons above the age of 18 (eighteen) years, currently residing in India;
TTPL/FTL may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Games(s) or in any way log into the FTL app or utilise the Services. For ease of reference, these states shall herein after be referred to as “Restricted States”. Restricted States are those Indian states which do not allow any kind of pay-to-play arrangement for all types of games including games of either chance or skill. Since FTL is a skill based Game with a major portion of the same being of a pay-to-play variety, TTPL will not be offering access to the FTL app and the Services therein to individuals residing in these Restricted States and such individuals residing in these Restricted States shall therefore, not be allowed to participate in the Game(s) of any kind offered by FTL. A list of the Restricted States has been provided on the Website for checking by any User. User’s are advised to check the list of Restricted States on the Website before making the decision to register on the FTL app. If a User is found to have been registered with a mobile number or email ID issued from a Restricted State, such User’s account on the FTL app will be immediately suspended or disabled and this Agreement with such User shall stand automatically terminated conditional only on the outcome of any final appeal lodged with FTL admin or TTPL. Additionally, TTPL/FTL will be within its rights to take any further legal action (either civil or criminal) against such User. In such a case, where the User’s account has been suspended or terminated, such aggrieved User, may appeal against such decision through a final appeal before TTPL who may either choose to re-inforce the decision or re-instate the User’s account at their sole discretion. The appeal may be raised in the manner as prescribed under section ‘H’ herein below. TTPL/FTL will, however, use best efforts to geo-block such Users from Restricted States from the source, from gaining access to the FTL app and the Services, using the appropriate technology available. However, no guarantees are provided to that effect by TTPL/FTL;
The FTL app, Website and the Services may be used by only such User who is not barred in his/her capacity to enter in this Agreement in terms of the provisions of the Indian Contract Act, 1872;
Only those participating Users who have successfully registered on the FTL app in accordance with the procedure outlined above shall be eligible to participate in the Game(s) and win prizes;
No User without limitation using any kind of hacks, cheat codes or any insider information in order to gain an undue advantage in their performance during the Game(s) shall be immediately removed from the FTL app and barred from using the Services. Such User shall have his/her account temporarily suspended by FTL subject to an appeal with TTPL in the manner as stated below. FTL, in such a case shall also forfeit any winnings earned by such User in that Game, if the appeal is not preferred or is unsuccessful; and
Any fraud or fictitious Users or Users creating multiple profiles with different registration information on the FTL app, or any bots or other android function playing as a User on the FTL app, will not be deemed eligible to enter the FTL app and use the Services. TTPL/FTL reserves the right to remove the accounts of such Users/ fictitiously registered Users from the FTL app and take further action as and when deemed necessary.
H. User Conduct
The User may not use the FTL app, Website or the Services in any way which violates applicable,state, local, national or international law, or for any unlawful purpose. The User may not use the FTL app, the Website or the Services to send, receive, or download messages or materials that are inappropriate or violate the rights of TTPL or others or to do any activities whatsoever, considered illegal under any law.FTL/TTPL has the right, but not the obligation, to edit or remove any content or other material that comes to its attention and that FTL, in its sole discretion, find to be in violation of the provisions of this Agreement, or for any other reason. The User acknowledges and agrees that FTL/ TTPL shall not assume or have any liability for any action or inaction with respect to any User’s content. The User understands that all content posted by a particular User on the FTL app is the sole responsibility of that User from whom such content originated.TTPL/FTL reserves the right to terminate the User’s access to and use of the FTL app, the Website and/or the Services if, in our view, the User’s conduct fails to meet any of the guidelines for User conduct in the non-exhaustive list that follows:The User shall not use the Services for any purpose that is not lawful;The User shall not use the Services for any commercial purpose;The User shall not use the FTL app or the Services to commit fraud, including without limitation by offering fraudulent goods, services, schemes or promotions or use the winnings from the FTL app for fraudulent or illegal purposes;The User shall not use the FTL app or the Services in any manner that infringes the intellectual property rights or other rights of TTPL/FTL or any third person;The User shall not use the FTL app or the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others;The User shall not use the FTL app or the Services to send or otherwise making available any material that contains undesirable images of or links or references to profanity, pornography, violence, or content that is obscene, lewd, prejudicial, lascivious, filthy, excessively violent, harassing, libelous, abusive, hateful, or otherwise objectionable, or that encourages unlawful acts or may be interpreted as violating the civil rights of others;The User shall not use the FTL app or the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications, including without limitation advertisements or informational announcements;The User shall not attempt to harm, disrupt, interfere with or otherwise engage in activity that diminishes or degrades the FTL app, the Website or the provision of the Services or any computer system or network, or any other Users' access to the same;The User shall not engage in or permit any activity that results in the over-utilization of the FTL systems or circuits, whether intentional or unintentional;The User shall not gain unauthorized access, or attempt to gain unauthorized access, to FTL’s networking, security, management, backup, storage or monitoring systems, or to any account, computers, systems or networks related to the app, the Website or the Services, without FTL’s written authorization;The User shall not attempt to obtain any data through any means from the FTL app, the Website or the Services, except if FTL intends to provide or make it available to the User, including without limitation security-relevant information, that may, among other things, be used to gain unauthorized access to User or system accounts;The User shall not attempt to configure the User’s systems to bypass security controls or otherwise avoiding any limitations established by FTL, including without limitation the installation or use of programs that allow the systems to be managed or accessed insecurely or through unauthorized means, or otherwise attempt to compromise the security of the Service, including without limitation by hacking, monitoring or intercepting data or traffic on the System, using any computer program designed to conceal the source or routing information of email messages in a manner that falsifies an internet domain, header information, date or time stamp, originating email address or other identifier. The User shall not install or use software for the purpose of cracking encrypted data, including without limitation stored personal information;The User shall not access or attempt to access the account or data of any other User;The User shall not intentionally omit, forge, delete or misrepresent transmission information, including but not limited to headers, return address information, IP addresses, etc., in order to cloak or hide the identity or source of information transmitted by the System;The User shall not conduct online security audits or tests against or through the FTL app, Website or the Services without coordination with and the explicit, written consent of the FTL’s admin team;The User shall not participate in collecting email addresses, screen names, nicknames, User IDs, or other registration details or identifiers of others (a practice sometimes known as spidering or harvesting), or participate in using software (including spyware) designed to facilitate such activity;The User shall not use the FTL app, the Website or Services to store, send or otherwise making available any material that contains without limits viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property;The User shall not use the FTL app, the Website or the Services to violate any code of conduct or other guidelines which may be applicable to the Services, the FTL app or the Website; andThe User shall not assist or encourage any persons to engage in any of the activities listed above.All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of FTL/TTPL. In the event that any User fails to adhere without limitation to the above guidelines while using the FTL app, the Website or the Services, upon finding out or being informed of the same, FTL/TTPL may choose to temporarily suspend or permanently terminate the account of the errant User on the FTL app at its sole discretion without prior notification of the same to that User. A notification of such suspension or termination of the User’s account, as the case may be, shall be provided to that User via email to the registered email ID of that User by FTL, providing the reason for such suspension or termination.Further, the User and only such User shall be held responsible for the contravention of any of the provisions contained in Sections 66 A, 66 B, 66 C, 66 D or 66 E or F of the IT Act, 2008 and the intermediary, Service Provider or Proprietor of the FTL app, the Website and the Services, shall in no way be held responsible for the same and is not obligated expressly under any statutory provision to take more than reasonable action to prevent the offences under the above mentioned sections and no claim on account of such offences shall be made on TTPL/FTL and it shall be kept indemnified from the same. H.1 AppealsIn the event the User receives a notification on his/her registered email ID from FTL informing him/her of his/her FTL account being temporarily suspended or terminated by the FTL admin team, the same email shall contain the procedure for that User to appeal against such decision by FTL/TTPL. The User, if wishing to appeal the decision of TTPL/FTL shall be required to send the reasons in detail as to why such suspension or termination of his/her account must be overturned.Such explanations from the aggrieved User must be sent back on the same email ID from where the notification from FTL came i.e. email@example.com and the word ‘Appeal’ along with the User’s username and registered mobile number must be mentioned in the subject line of the same. Such an appeal is required to be lodged with FTL and must reach FTL within and not later than a period of 7 (seven) days from the date of the receipt of notification by the User. The decision of TTPL/FTL on upholding or overturning the decision for suspending or terminating the account thereafter, will be final and no personal hearing shall be provided to the User by TTPL/FTL. In either case, a notification of the final outcome of the appeal will be provided to the User by the FTL admin team in due course. Until such decision of the appeal is notified, the FTL admin team in its sole discretion may choose whether to allow the User access to the FTL app or the Services or withdrawal of the winnings from the app.
All users of the Service must adhere to the terms of this Agreement. FTL and TTPL have the right, but not the obligation, to strictly enforce this Agreement through active investigation, litigation and prosecution, whenever deemed necessary.If, in its sole discretion, TTPL/FTL believes that the FTL app, the Website or the Services are being used in an unlawful or improper manner (whether civil or criminal) or for unlawful or improper activities, TTPL/FTL will fully cooperate with civil and/or criminal enforcement authorities conducting investigations of such use or activities. TTPL/FTL will also support the investigation of any activities in violation of this Agreement and any other activities that TTPL/FTL believe in their sole discretion would impact the operation or security of FTL, the FTL app, the Website, the Services or any of the other FTL Users and their data entered on the FTL app. Any claim regarding the dissipation of personal information or other sensitive information of the User by TTPL/FTL at the insistence of the proper authorities or required by statute shall never be entertained against TTPL/FTL, and TTPL shall vehemently repel these claims through without prejudice any legal action against the User in case of harassment from the User in that context. TTPL/FTL admin team on their part shall oversee the strict compliance and adherence from its Users of the terms of this Agreement at all times. Failure on the part of the User to comply with these ToUs shall invite immediate termination of such User’s registration with or without prior notice from TTPL/FTL.
J. FTL & TTPL Makes No Warranties
TTPL and/ or FTL intends for the information contained on the FTL app, the Website and the Services to be accurate and reliable; however, errors (including deletion of data) sometimes may occur. In addition, TTPL/FTL might make changes and improvements to the information provided herein at any time. Therefore, the User’s access to the FTL app, the Website and use of the Services or the Content on the Website are at his/her own risk.TTPL provides the FTL app, the Website and the Services ‘as is,’ ‘with all faults’ and ‘as available,’ and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the User. To the maximum extent permitted by applicable law, TTPL and its Entities including but not limited to resellers, distributors, service providers, suppliers, affiliates and/or licensors make no representations, warranties or conditions, express or implied hereby to the User. the TTPL and its Entities along with all of TTPL’s third party vendors or partners disclaim any and all warranties or conditions, express, statutory or implied, including without limitation (i) warranties or conditions of merchantability, fitness for a particular purpose, accuracy, title, quiet enjoyment, no encumbrances, no liens or non-infringement, or that the FTL app, the Website or the Services will operate on an uninterrupted or error-free basis, (ii) warranties or conditions arising through course of dealing or usage of trade, and (iii) warranties or conditions that no harm to the User’s computer system, loss of data resulting from the access to or use of the FTL app, the website or the Services. Even if some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, the User hereby waives off any right or remedy he/she may have with regards to such remedies, if applicable, through this Agreement. There are no warranties that extend beyond the face of this Agreement. No advice, opinion or information received from TTPL/FTLor from the TTPL Entities or through the FTL app, Website or the Services shall be construed to have created any kind of warranty either express or implied, towards the User. Any material downloaded or otherwise obtained through the use of the FTL app, Website or the Services may be done at the sole risk of the User’s use of his/her own discretion. The User will be solely responsible for any damage caused to the User’s computer system or any other device or loss of data that results from the download of any such material. TTPL/ FTL shall be free from responsibility of data protection and protecting the personal information of the User, and shall at no point in time be held liable against a claim put to this regard by any User.
K. Limitation Of Liability
Users shall access the FTL app, the Website and the Services voluntarily and at their own risk. TTPL/FTL 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 FTL app, the Website or the Services (including participation in the contest(s)) or as a result of acceptance of any prize/ winnings earned through the use of the Services.TTPL/FTL, being an intermediary as defined in section 2(w) of the IT Act, in such capacity, is statutarily provided with certain exemptions from incurring liability vide section 79 as included in chapter xii of the above mentioned Act. In no event will TTPL or FTL or any TTPL Entity be liable for any damages whatsoever, including without limitation any indirect, consequential, special, incidental, or punitive damages, loss of profits, business interruption, loss of information, programs or other data, or the cost of procurement of substitute services arising out of, based on, or resulting from this Agreement, the User’s use of the Services, any unauthorized access to or alteration of the User’s data, or the statements or conduct of any third party regarding the FTL app, Website or the Services, even if TTPL or any of its Entities has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (i) breach of this Agreement, (ii) breach of any warranty, (iii) negligence, or (iv) any other cause of action, to the extent such exclusion and limitations are not prohibited by any applicable law. Since some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, the User specifically hereby waives off any of his/her rights or remedies to enforce any such conditions or warranties with regard to TTPL/FTL or the TTPL Entities. Notwithstanding the waivers and limitations of liability set forth above, including without limitation the User’s exclusive remedy of discontinuing the Use of the FTL app, the Website or the Services, the User hereby undertakes to be reasonable if at all TTPL/FTL is found liable to the User under any theory of liability. The entire liability of TTPL to the User shall be limited to the amount the User paid for the use of the Services i.e. in the purchase of Coins and the amount of winnings earned by the User through the Services but remaining to be paid out by FTL, within the 12 (twelve) months immediately preceeding the date on which the User makes a claim for damages. If at any point of time or under any circumstances, TTPL/FTL fails to enforce any rights or provisions included within this Agreement, it shall not be construed to be a waiver of any sort of any such right or provision by TTPL/FTL. TTPL/FTL or any of its Entities 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/ winnings or earnings of a User through the FTL app. In consideration of TTPL allowing Users to access the FTL app, the Website and 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 TTPL/FTL and the TTPL Entities and TTPL’s third party partners (whether known or unknown or whether anticipated or unanticipated) arising out of the provision of the Services or related to the contests or the prizes arising out of the contests.
L. Changes To The Service; Additional Liability Limitation.
TTPL/FTL may change the FTL app, any TTPL Properties or any part thereof or/and the Services itself or any part thereof or delete any features at any time and for any or no reason without limiting the general nature of sections J and K. The FTL, TTPL or any of the TTPL Entities are not responsible or liable for the following found on the FTL app, Website or the Services (i) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or (2) any third-party conduct, transmissions or data. In addition, without limits TTPL/FTL is not responsible or liable for (a) any viruses or other disabling features that affect the User’s computer system or the User’s access to or use of the FTL app, the Website and the Services; (b) any incompatibility between the running of the FTL app, Website and/ or the Services on the User’s chosen hardware, computer system or mobile device; (c) any delays or failures the User may experience in initiating, conducting or completing any transmissions or transactions in connection with the FTL app, Website and/or the Services in an accurate or timely manner, or (d) any damages or costs of any type arising out of or in any way connected with the User’s use of any component whatsoever on the FTL app, the Website or the Services available from any third parties through links. (Eg. Services of Payment service provider on the FTL app)
The User agrees to indemnify, defend and hold harmless TTPL, its Entities (including but not limited to the FTL) and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, from and against all claimed losses, expenses, damages and costs, including attorneys' fees, resulting from the User’s use of the Service, including without limitation (a) any violation of this Agreement by the User (which as used in the context of this Agreement and in the Section D of these ToUs specifically includes other unauthorised third parties accessing the FTL app, the Website or the Services using the User’s registration details on the FTL app), (b) any violation of rights of a third party by the User, (c) any violation of applicable law, or (d) information or content that the User may create, transmit or store using the Services on the FTL app or the Website. TTPL reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the User, in which event the User will fully cooperate with TTPL in asserting any available defences against any claims made by any party including any third parties in this regard.
N. Service Availability
Neither TTPL or FTL or any of its personnel guarantee the availability of the Services or the maintenance of the User’s data. The Services and data maintenance may be subject to certain equipment and compatibility limitations, including without limitation memory, storage, network availability and data conversion limitations. In addition, the availability of the Services could be affected by emergencies, collocation failures, transmission and equipment limitations maintenance and repair requirements, or the failure of third-party systems (including FTL’s payment service provider), and could be interrupted, refused, limited or curtailed. TTPL/ FTL or any of its Entities are not responsible for without limits, the data, information, software, hardware or stored data that the User might lose or to which the User would not have access to because of such interruptions or performance issues with the Services or communication networks generally. The User agrees that TTPL/ FTL will have no liability towards the User whatsoever, for any restriction or termination of the User’s access to the FTL app, the Website and/or the Services or for any loss of data.
All payouts shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. 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%. TDS of 30% shall be deducted on Net Winnings ( prize money amount minus the entry amount cash in Coins equivalent for that day’s Play-off game). In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by TTPL’s payment service provider in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions by the third party payment service provider. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the prize money. Further, while purchasing the Coins on the FTL app with actual currency, Users will be required to pay GST in addition to the value of the Coins.
R. Consent To Electronic Communications
Without limitation, TTPL reserves the right to limit the number of registrations of new Users on the FTL app at any point of time without assigning any reasons for the same.
S. Rights To Users’s Content
Neither FTL nor TTPL has any claim over ownership or control of any content User including any information uploaded by the User on the FTL app or Website. The User will retain all intellectual property rights to the User’s content, and the User is solely responsible for protecting those rights. The User, by posting or displaying any type of content on the FTL app or through the Service or the Website grants to TTPL and the FTL team, a non-exclusive, unfettered and unconditional right to use, copy, reproduce, adapt, modify, transmit or display or distribute any such content posted by the User on the FTL app or on the Website or during the usage of the Services, on all media through any distribution methods currently known or those developed in the future.The User agrees that neither TTPL nor the FTL nor any of the personnel associated with or hired by, or working for FTL, shall have any responsibility or liability for the deletion or failure to store on the FTL app, Website or via the Services, any User content and other communications maintained on or transmitted by means of the Service. The User hereby guarantees and warrants to TTPL that it possesses all the requisite rights, capacity and permissions necessary to grant, assign, transfer or submit the above mentioned rights to any content submitted by the User via the FTL app, Website or while utilising the Services.
T. Choice Of Law And Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the applicable laws of the Republic of India. The relevant provisions of the IT Act, 2008 of India shall also be applicable at all times to this Agreement, which extends the provisions of the above mentioned legislation to offences committed under this Act outside the territory of India by any person(including a User) irrespective of his/her nationality. The courts of competent jurisdiction at New Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the FTL app, the Website and the Services (including but not limited to the League(s)), the construction, validity, interpretation and enforceability of these ToUs and this Agreement, or the rights and obligations of the User(s) (including participating Users) or TTPL, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration. 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 arise with regard to anything in this Agreement, these ToUs, TTPL, FTL, the FTL app, the Website, the Services or the use thereof or the User (the “Parties”), the Party raising the dispute shall provide a written notification ("Notification") to the other Party. On receipt of the Notification, the parties shall first try to resolve the dispute through mutual conciliation efforts. In the event that the Parties are unable to resolve the dispute through negotiation/conciliation within 15 (fifteen) days of receipt of the Notification, the dispute shall be settled by arbitration by a sole arbitrator (the “Arbitrator”) appointed with the mutual consent of the Parties. If the same is not possible, then such Arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996 and such arbitration itself shall be subject to the provisions of the Arbitration and Conciliation Act, 1996 amended till date. The venue of arbitration shall be New Delhi, India. All arbitration proceedings shall be conducted in English language.
The arbitral award passed by the Arbitrator 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 ToUs shall prevent TTPL from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard TTPL’s/FTL’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 TTPL to pursue any remedy for monetary damages through the arbitration described herein.The User expressly agrees that final exclusive jurisdiction for the settlement of any claims, disputes or litigations arising with respect to TTPL/FTL or any TTPL Entity or relating to in any way the User’s use of the FTL app, the Website or the Services post completion of the arbitration process shall with the courts located in New Delhi, India. The User therefore, agrees and expressly consents to the exercise of personal jurisdiction in the courts located in New Delhi, India in connection with any dispute involving TTPL/FTL itself or any TTPL Entity for the purposes of this Agreement and shall thereby waive any objection as to being subjected to an inconvenient forum.
U. Modification To This Agreement.
TTPL reserves the right, at its sole discretion, to change, modify or otherwise alter these ToUs at any time; provided that neither TTPL nor FTL will change the economic terms set forth in this Agreement except as otherwise provided herein. The User can find the most recent version of this Agreement at http://www.fantasytradingleague.com/TOU with the date of last modification. Such modifications become effective immediately upon the posting thereof. Therefore, TTPL encourages the User to check the date of this Agreement whenever the User visits the FTL app or the Website to check if it has been updated. However, if TTPL makes any material changes to this Agreement which in any way expands its own rights, the FTL admin team will notify the User of the same through an e-mail on the email ID registered by the User on the FTL app. The User provides his express and affirmative consent to any material changes above mentioned if such User chooses to continue using the FTL app or the Services following receipt of notice of these changes in this manner. The User must review this Agreement on a regular basis to keep himself/herself apprised of any changes. If the User does not agree with the revised Agreement, the User may immediately stop all use of the FTL app and the Services or inform the FTL support team via email within 7 (seven) days from the receipt of the notice to disable the User’s account on the FTL app and consider the same as a notice for termination of this Agreement by the User. However, the User’s continued use of the FTL app and the Services following the posting of modifications will constitute the User’s acceptance of the revised Agreement.
V. General Terms