A. INTRODUCTION

By using, visiting and/or accessing any part (including, but not limited to, sub-domains, source code and/or Website/Mobile Application APIs, whether visible or not) of the Toss1 (BINGOOSOFT PRIVATE LIMITED) Website/Mobile Application or mobile application or any other Website/Mobile Applications or applications that we own or operate registering on the Mobile Application, you agree to be bound by (i) these Terms and Conditions; (ii) our privacy policy; (iii) our cookies policy and (iv) the Rules applicable to our fantasy gaming or gaming products as further referenced at paragraph 2 below (together the “Terms”), and are deemed to have accepted and understood all the Terms

Please read the Terms carefully and if you do not accept the Terms, do not use, visit or access any part (including, but not limited to, sub-domains, source code and/or Website/Mobile Application APIs, whether visible or not) of the Website/Mobile Application. The Terms shall also apply to all gaming via mobile devices including downloadable applications to a mobile device. (As if references to your use of the Website/Mobile Application were references to your use of our mobile devices gaming facilities).

a- -Where you play any game, using the Website/Mobile Application, you accept and agree to be bound by, the Rules which apply to the applicable products available on the Website/Mobile Application from time to time. The Rules can be found under the Help tab of the applicable section of the Website/Mobile Application.

• Where reference is made to “BINGOOSOFT PRIVATE LIMITED”, “we”, “our” or “us” in relation to then it shall all mean the Company being BINGOOSOFT PRIVATE LIMITED Registered under the Companies Act 2013:
• We may need to change the Terms from time to time for a number of reasons (including to comply with applicable laws and regulations, and regulatory requirements). All changes will be published on the Website/Mobile Application. The most up to date Terms will be available on the Website/Mobile Application. When a material change is carried out on the Terms and Conditions the customer will be requested to accept the new terms and conditions before proceeding. Once accepted, the new terms and conditions will come into effect thereon. Should you, due to any possible changes, not wish to continue using the services of Toss1 (BINGOOSOFT PRIVATE LIMITED) anymore, you can withdraw all your deposited funds, but not the Reward or transferred account, and close account.
• Reference to “you”, “your” or the “customer” is reference to any person using the Website/Mobile Application or the services of Toss1 and/or any registered customer of Toss1
• As you are aware, the right to access and/or use the Website/Mobile Application and mobile application (including any or all of the products offered via the Website/Mobile Application and mobile application) may be illegal in certain States and Countries. You are responsible for determining whether you’re accessing and/or use of the Website/Mobile Application and mobile application is compliant with applicable laws in your jurisdiction and you warrant to us that fantasy gaming is not illegal in the territory where you reside
• BINGOOSOFT PRIVATE LIMITED is committed to providing excellent customer service. As part of that commitment, BINGOOSOFT PRIVATE LIMITED is committed to supporting responsible gaming. Although BINGOOSOFT PRIVATE LIMITED will use its reasonable endeavours to enforce its responsible gaming policies, BINGOOSOFT PRIVATE LIMITED does not accept any responsibility or liability if you nevertheless continue gaming and/or seek to use the Mobile Application with the intention of deliberately avoiding the relevant measures in place and/or BINGOOSOFT PRIVATE LIMITED is unable to enforce its measures/policies for reasons outside of BINGOOSOFT PRIVATE LIMITED’s reasonable control.

B. YOUR Toss1 ACCOUNT

1. Application

• 1.1 All applicants must be over 18 years of age to register with Toss1. Toss1 reserves the right to ask for proof of age from any customer and suspend their account until satisfactory documentation is provided. Toss1 takes its responsibilities in respect of under age and responsible gaming very seriously
• 1.2 All information supplied when registering with the site MUST be your information and be accurate and complete in all respects. Where this is not the case, we reserve the right to suspend the account and treat any deposits into the gaming account as being invalid (and any winnings arising from such deposit as void). Where an account is suspended, the relevant customer should contact us..
• 1.3 By accepting the Terms and/or registering to use the Website/Mobile Application you hereby agree that we shall be entitled to conduct any and all such identification, credit and other verification checks from time to time that we may require and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the Website/Mobile Application and Mobile app and our products generally. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem to be appropriate, until such time as the relevant checks are completed to our satisfaction
• 1.4 As part of the registration process, we may supply your information details to authorized credit reference agencies to confirm your identity and payment card details. You agree that we may process such information in connection with your registration.
• 1.5 Customers may open only one account. Should we identify any customer with more than one account we reserve the right to treat any such accounts as one joint account.
• 1.6 Customers must keep their registration and account details up to date. This, and your account information, may be amended in the personal section of the Website/Mobile Application. If you require any assistance, please contact us.

C. Law and Jurisdiction

These terms and the agreement, of which they form part, are governed by the laws of the Republic of India. The courts of competent jurisdiction at Noida shall have exclusive jurisdiction. The place of arbitration shall be Noida, India.

D. FINANCE

1. Deposits

• 1.1 You may only join the fantasy league game with the amount of cleared funds held in your account. Accordingly, if you want to participate in gaming, you must deposit monies into your account. Further details of how to deposit, withdraw and transfer funds can be found under settlement & payout terms and conditions.
• 1.2 By depositing funds into your account, you direct us and we agree to hold them, along with any winnings, for the sole and specific purpose of using them (i) to place your sporting and gaming stakes; and (ii) settling any fees or charges that you might incur in connection with the use of our services (Purpose). We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing funds without any intention to place sporting and/or gaming stakes. In such circumstances we may also report this to relevant authorities.
• 1.3 For payment methods that require a specific account holder, you should only deposit funds into your gaming account from a source where you are the named account holder. In such cases where Toss1 identify that the named account holder differs from that which Toss1 hold, we reserve the right to treat any deposits into the gaming account as being invalid (and any winnings arising from such deposit as void).
• 1.4 You agree that we shall be entitled to retain any interest which might accrue on monies held in your Toss1 account.
• 1.5 No credit will be offered by any employee of Toss1, and all Leagues must be supported by sufficient funds in the customer account. Toss1 reserves the right to void any fantasy game/League/participation which may have inadvertently been accepted when the account did not have sufficient funds to cover the League. Should funds be credited to a customer’s account in error it is the customer’s responsibility to inform Toss1 without delay. Toss1 will recover such funds by account adjustment.
• 1.6 Unless otherwise stated, all examples given on the Website/Mobile Application are given in Rupees(INR).
• 1.7 In addition, Toss1 shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your ‘unauthorized’ use of the Website/Mobile Application and mobile application including activities which are not for an authorized purpose.
• 1.8Toss1 does not charge for deposits made by Debit/Credit Card, however please be aware that some card issuers consider gaming transactions as ‘cash’ payments and therefore may charge you a cash advance fee. Please check with your card issuer for further details.

2. Withdrawals

• 2.1 Where possible, all withdrawals will be processed to the payment account from which the deposits were made. Withdrawal payments can only be made in the name of and to the registered account holder.
• 2.2 For most payment types, withdrawals can be processed by clicking ‘Withdraw’ on the Mobile Application, subject to there being sufficient winning funds in your gaming account wallet. There is no set maximum withdrawal amount per day but the same are subject to taxation and prevalent laws but at the same time there is limit for minimum amount that can be processed for withdrawal of winning amount is Rs.100 (Rupees One Hundred only).
• 2.3 If the value of a deposit is not played through in full before a withdrawal is requested, Toss1 reserves the right to make a charge to the customer’s account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary, the value of the withdrawal requested may be reduced accordingly.
• Note: The actual prize money may be different than the prize money mentioned above if there is a tie for any of the winning positions. Check FAQ’s for further details. As per government regulations and guidelines, a tax of 30% will be deducted if an individual wins more than Rs 10,000

E. Cancellation Policy

The following Refund and cancellation policy and the terms of Toss1 would be final.Our focus is complete customer satisfaction. In the event, in case any payment which needs to be refunded as per the terms and conditions of Toss1 or, we will refund back the money, provided the reasons are genuine and proved after our internal investigation. Please read the fine prints of terms and conditions of Toss1 before using it, it provides all the details about the services.

In case of dissatisfaction from our services, clients have the liberty to cancel their usage/ membership of the app/website and request a refund in case of any balance in fantasy gaming account, from us. Our Policy for the cancellation and refund will be as follows: For Cancellations please contact us via contact us link. Requests received later than 7 business days prior to the end of the current service period will be treated as cancellation of services for the next service period.

F. Refund Policy

We will try our best to create the suitable design concepts for our clients. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payment gateway name payments refund will be made to the same account within 7 working day,

G.Tabulation of fantasy points

Toss1 may obtain the score 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 match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match 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 match organiser comes to its attention, Toss1 shall use best efforts to rectify such error prior to the distribution of prizes. However, Toss1 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 Toss1 in this respect.

H.User Conduct

Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Toss1 may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

• • 1- restricting, suspending, or terminating any User’s access to all or any part of Toss1 Services;
  • 2- deactivating or deleting a User’s account and all related information and files on the account. Any amount remaining unused in the User’s Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with Toss1 subject to a processing fee (if any) applicable on such transfers as set out herein; or
  • 3- refraining from awarding any prize(s) to such User.
    • • Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Toss1). Users further agree to update and keep updated their registration information
    • • A User shall not register or operate more than one User account with Toss1.
    • • Users agree to ensure that they can receive all communication from Toss1 by marking e-mails or sending SMSs from Toss1 as part of their “safe senders” list. Toss1 shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.
    • • Any password issued by Toss1 to a User may not be revealed to anyone else. Users may not use anyone else’s password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Toss1 of any unauthorized use of their passwords or accounts or any other breach of security.
    • • Users agree to exit/log-out of their accounts at the end of each session. Toss1 shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
    • • Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Toss1 Services and/or Toss1 experience or assist in such activity.
    • • Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Toss1 or Toss1’s Services.
    • • Users agree that without Toss1’s express written consent, they shall not modify or cause to be modified any files or software that are part of Toss1’s Services.
    • • Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Toss1 or the Toss1’s Services (each a “Server”); or (2) the enjoyment of Toss1 Services by any other User or person
    • • Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Toss1 Services or any other person’s use or enjoyment of Toss1 Services.
    • • Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Toss1 Services by any means other than the User interface provided by Toss1, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Toss1 Services
    • • Without limiting the foregoing, Users agree not to use Toss1 for any of the following
    • • To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
    • • To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
    • • To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
    • • To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, Toss1, any software, hardware, or telecommunications equipment;
    • • To advertise, offer or sell any goods or services for any commercial purpose on Toss1 without the express written consent of Toss1;
    • • To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
    • • To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.
    • • To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
    • • To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Toss1 or to manipulate User’s presence on Toss1(s);
    • • To impersonate any person or entity, including, but not limited to, a representative of Toss1, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
    • • To interfere with or disrupt Toss1, servers, or networks;
    • • To collect or store personal information about other Users;
    • • To restrict or inhibit any other user from using and enjoying any public area within our sites;
    • • To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
    • • If a User chooses a username that, in Toss1’s considered opinion is obscene, indecent, abusive or that might subject Toss1 to public disparagement or scorn, Toss1 reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from Toss1, deny such User access to Toss1, or any combination of these options.
    • • Unauthorized access to Toss1 is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Toss1 by any means other than through the interface that is provided by Toss1 for use in accessing Toss1. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
    • • Use of Toss1 is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Toss1’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of Toss1.
    • • Users may reach out to Toss1 through –
    • • Helpdesk if the user has any concerns with regard to a match and/or contest within Forty Eight (48) hours of winner declaration for the concerned contest.
    • • Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the Toss1 Platform. The Users will have to disclose their real age at the time of getting access into the Toss1 Platform.
    • • Toss1 may not be held responsible for any content contributed by Users on the Toss1.

• Conditions of Participation:

• • • • By entering a Contest, user agrees to be bound by these Terms and the decisions of Toss1. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, 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 Contest or is in any way detrimental to other Users which includes, but is not limited to:
    • • Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by Toss1 to enter a contest and/or claim a prize/winning.;
    • • Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
    • • Colluding with any other user(s) or engaging in any type of syndicate play;
    • • Any violation of Contest rules or the Terms of Use;
    • • Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
    • • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
    • • Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
    • • Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
    • • Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Toss1 Users, sending unwarranted email content either to selected Users or in bulk); or
    • • Abusing the Website in any way (‘unparliamentarily language, slangs or disrespectful words’ are some of the examples of Abuse)
    • • It is clarified that in case a User is found to be in violation of this policy, Toss1 reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.

• Contest(s), Participation and Prizes

• • • • To avail certain Amusement Facilities on the Portal, Users would be required to provide certain information for the registration process namely:
      • Name
      • Mobile No
      • Postal Address
      • Username
      • Date of Birth
      • Bank Account Details
      • Social Media Account ID ( if Permitted By user)
      • Location
      • Device Id
      • IP Address
      • Email Address

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 or Telangana, such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest 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.
    • •Contest(s), Participation and Prizes
    • • As part of its services, Toss1 may make available the contest(s) on the Toss1 platform.
    • • Currently, following contests are made available on Toss1 platform: 1) A fantasy cricket game 2) A fantasy Football game and 3) A fantasy Basketball 4) A fantasy cricket Kabaddi game Individual users wishing to participate in the such contest (““Participants””) are invited to create their own fantasy teams (““Team/s””) consisting of real life cricketers) involved in the real-life cricket match (as applicable), series or tournament (each a “Sport Event”) to which the fantasy game relates. Toss1 offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams.
    • • Depending upon the circumstances of each match, the participants can edit their teams till the official match start time as declared by the officials of the Sport Event or adjusted deadline, as specified below.
    • • Toss1 reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond Toss1’s reasonable control, including but not limited to the ones’ mentioned herein below:

1.Actual match start time is before the official deadline:

• • • • All sports other than Cricket-
      • Toss1 reserves the right to adjust the deadline to a maximum of 10 minutes post actual match start time. In case the actual match start time is more than 10 minutes of official deadline, the contest will be abandoned.
    • • Cricket –
      • Toss1 reserves the right to adjust the deadline by a Maximum of 10 minutes or 3 overs bowled, whichever is less, before the official match start time.
      • In cases where official match time cannot be verified by Toss1 through reliable and/or publicly available sources, Toss1 reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.

2 .Actual match start time is after the official deadline:

• • • • Toss1 reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weather, non-appearance of teams, technical/equipment glitches causing delays etc.
    • • Toss1 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
    • • Teams are awarded points on the basis of the real life cricketers’, footballers’, ‘basketball players’, ”, ‘hockey players’, ‘baseball players’, or kabaddi players (as applicable) performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners (“Winners”). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team’s aggregate score at the end of the designated match(s) of the Contests.
    • • The Contest(s) across the Toss1 Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
      • “Fantasy Rules” available at Toss1 web portal.
      • Other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s); and all Participants agree to abide by the same.
    • • Currently, there are paid versions of the Contest(s) made available on Toss1 platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing Toss1 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 match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.
    • • A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the Toss1 Services. However, unless Toss1 specifies otherwise in relation to any Contest (““Multiple Entry Contest””), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that Toss1 may, from time to time, restrict the maximum number of Teams that may be created by a single User account (foreach format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by Toss1 in its sole discretion.
    • • Participant shall pay a pre-designated amount for participating in the contest(s) being created on the Toss1 platform.
    • • In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland or Telangana, such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).
    • • In two member and/or three member only public and/or contests, where all participants have entered the contest with the exact same teams, including the captain and vice-captain in such event, contest prize money refunded.
    • • In Starting Lineup Feature : Purpose of indicating a player’s inclusion in final starting lineup is only to provide information and assist a user in selecting his/her team on Toss1. While indicating a Player’s inclusion in starting lineup is given by Toss1 on the basis of information/data received through feed providers, publicly available information. Users are advised to do a thorough research of their own from official sources and/or other available sources of information. Toss1, shall not take any liability, if a player earlier indicated as’Playing’ does not play or start for any reason whatsoever.
    • • Substitutes on the field will not be awarded points for any contribution they make. However, ‘Concussion Substitutes’ will be awarded points awarded four (4) points for making an appearance in a match and will be awarded points any contribution they make as per the Fantasy Points System (w.e.f Nov 25 2019).

• Contest Formats

Currently two formats of contest(s) are made available on Toss1 platform (1) Public Contest where Users can participate in a Contest with other Users without any restriction on participation and (2) private contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. A user can enter into a maximum of 500 contest (including both Public contests and Private contests) per match. Any participation in a contest more than 500 shall be automatically prohibited. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s). Users by participating in a Contest

• • • • Conditions of Participation:

By entering a Contest, user agrees to be bound by these Terms and the decisions of Toss1. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, 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 Contest or is in any way detrimental to other Users which includes, but is not limited to:

• • • • Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by Toss1 to enter a contest and/or claim a prize/winning.;
    • • Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
    • • Colluding with any other user(s) or engaging in any type of syndicate play;
    • • Any violation of Contest rules or the Terms of Use;
    • • Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
    • • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
    • • Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
    • • Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
    • • Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Toss1 Users, sending unwarranted email content either to selected Users or in bulk); or
    • • Abusing the Website in any way (‘unparliamentarily language, slangs or disrespectful words’ are some of the examples of Abuse)
    • • It is clarified that in case a User is found to be in violation of this policy, Toss1 reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.• Contest(s),
    • • Contest(s), Participation and Prizes

Currently two formats of contest(s) are made available on Toss1 platform (1) Public Contest where Users can participate in a Contest with other Users without any restriction on participation and (2) private contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. A user can enter into a maximum of 500 contest (including both Public contests and Private contests) per match. Any participation in a contest more than 500 shall be automatically prohibited. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s). Users by participating in a Contest

• • • •Conditions of Participation:

By entering a Contest, user agrees to be bound by these Terms and the decisions of Toss1. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, 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 Contest or is in any way detrimental to other Users which includes, but is not limited to:

• • • Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by Toss1 to enter a contest and/or claim a prize/winning.;
  • • Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
  • • Colluding with any other user(s) or engaging in any type of syndicate play;
  • • Any violation of Contest rules or the Terms of Use;
  • • Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
  • • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
  • • Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
  • • Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
  • • Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Toss1 Users, sending unwarranted email content either to selected Users or in bulk); or
  • • Abusing the Website in any way (‘unparliamentarily language, slangs or disrespectful words’ are some of the examples of Abuse)
  • • It is clarified that in case a User is found to be in violation of this policy, Toss1 reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.• Contest(s),
  • • Contest(s), Participation and Prizes
  • • As part of its services, Toss1 may make available the contest(s) on the Toss1 platform.
  • • Currently, following contests are made available on Toss1 platform: 1) A fantasy cricket game Individual users wishing to participate in the such contest (““Participants””) are invited to create their own fantasy teams (““Team/s””) consisting of real life cricketers, footballers, basketball players, volleyball players, hockey players, baseball players, handball players or kabaddi players (as applicable) involved in the real-life cricket/football/kabaddi/volleyball/hockey/basketball/baseball/handball match (as applicable), series or tournament (each a “Sport Event”) to which the fantasy game relates. Toss1 offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams.
  • • Depending upon the circumstances of each match, the participants can edit their teams till the official match start time as declared by the officials of the Sport Event or adjusted deadline, as specified below.
  • • Toss1 reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond Toss1’s reasonable control, including but not limited to the ones’ mentioned herein below
  • • Payment Terms
  • • In respect of any transactions entered into on the Toss1 platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
    • The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the Toss1 Services charged by Toss1 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 Toss1 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) Toss1 (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount). Toss1 receives only its share of the platform Fees through the said Escrow Agent.
    • The Toss1 reserves the right to charge a Platform Fee, which would be specified and notified by Toss1 on the Contest page, being created on Toss1 platform, prior to a User’s joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and Toss1 shall issue an invoice for such debit to the User.
    • The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that Toss1 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 Contest 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 Toss1 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 Contest 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 contest on Toss1 platform, the pre-designated 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 match(s) or Contest(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 match(s) or Contest(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 Contest 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 Toss1 Customer Support. 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, Toss1 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 Toss1 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, Toss1 shall effect an online transfer to the User’s bank account on record with Toss1 within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Winnings Account. Toss1 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 Toss1. 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 Toss1 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 Toss1, as well as the name and address existing in the records of the User’s bank account as provided to Toss1. In the event that no bank account has been registered by the User against such User’s account with Toss1, or the User has not verified his/her User account with Toss1, to Toss1’s satisfaction and in accordance with these Terms and Conditions, Toss1 shall provide such User with a notification to the User’s email address as on record with Toss1 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, Toss1 shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide Toss1 with a valid bank account or valid identification documents (to Toss1’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, Toss1 may gratuitously issue Cash Bonus to the User for the purpose of participation in any Contest(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 Toss1 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 Toss1 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 Toss1 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 Contest, 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 Contest(s). In case the User terminates his/her account with Toss1 or such account if terminated by Toss1, all Cash Bonus granted to the user shall return to Toss1 and the User shall not have any right or interest on such points.
    • Users agree that once they confirm a transaction on Toss1, 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 Toss1 has on third parties, any transactions on Toss1 Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User’s ‘Unutilized’ Account or Winnings Account may take up to 24 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 24 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Users agree not to raise any complaint or claim against Toss1 in respect of any delay, including any lost opportunity to join any Contest or match due 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.
      Toss1 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.
    • Toss1 reserves the right to modify/change these terms & conditions anytime at its sole discretion.