Jito India Sports Private Limited (hereinafter referred to as “JitoIndia11”, “we”, “our”, “us”) operates the website JitoIndia11.com (“JitoIndia11 Website”) and mobile application (“JitoIndia11 App”) (hereinafter the JitoIndia11 Website and JitoIndia11 App are together referred to as “JitoIndia11 Platform”). We through the JitoIndia11 Platform offer online skill based fantasy cricket games (“Contests”) and an opportunity to offer cash rewards to real-life cricketers for good performance in a real-life cricket series or tournament (each a “Cricket Match”) (“Services”) to you, the user, (“User” or “you”) subject to compliance with these terms and conditions (hereinafter referred to as “Terms & Conditions”). By accessing and/or using the JitoIndia11 Platform, you accept and agree to be legally bound by these Terms & Conditions, as it may be amended or supplemented from time to time, and agree to all operating rules, terms, conditions, policies, and procedures that may be published on JitoIndia11 Platform or in connection with the Services. All such rules, terms, conditions, policies, and procedures are incorporated into these Terms & Conditions by reference.
Services being provided on JitoIndia11 Platform may be subject to additional rules and regulations set down in that respect (“JitoIndia11 Platform Policies”). To the extent that these Terms & Conditions are inconsistent with JitoIndia11 Platform Policies laid down, the JitoIndia11 Platform Policies shall prevail.
1. Modification of Terms & Conditions
We may change, add or remove portions of these Terms & Conditions at any time, and if we do so, we will post such changes on JitoIndia11 Platform or post notifications in your account and the changes will become immediately effective, and your continued use of JitoIndia11 Platform will indicate your acceptance of these Terms & Conditions as it is then in effect. Accordingly, you should visit JitoIndia11 Platform from time to time to review the then-current and effective terms and conditions because they are legally binding on you.
2. Eligibility
2.1 A User may use the JitoIndia11 Platform if it is a natural person currently residing in India
2.2 Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. is not eligible to access the JitoIndia11 Platform and use the Services.
2.3 The JitoIndia11 Platform should not be used, installed, or played by any person under the age of 18 (eighteen) years.
2.4 Services on the JitoIndia11 Platform are open only to Users currently residing in India. Users residing in the state of Assam, Odisha, Nagaland, Sikkim, Andhra Pradesh, and Telangana (“Restricted States”) are prohibited from participating in any Contests on the JitoIndia11 Platform.
3. User Registration
3.1 If you wish to become a registered User of our JitoIndia11 Platform, you will need to apply for a User account. The Users are permitted to open only one account. JitoIndia11 reserves the right to close any duplicate accounts. All money held in duplicate account(s) will be forfeited. To apply for an account, you must complete all the details following the instructions on the JitoIndia11 Platform. When registering on the JitoIndia11 Platform, you are required to verify your mobile number for playing any of the Contests offered on our Platform. This is to safeguard against fraud of any form on the JitoIndia11 Platform. All your information is kept confidential and processed as per our Privacy Policy
3.2 Upon grant of the account by us, your account will be created, and you will be able to use the JitoIndia11 Platform and play the Contest(s). We may refuse to grant an application for an account made by any person without giving a reason for such refusal. You continuously represent and warrant to us that only you are accessing your account and no one else. You are not authorised to enter Contests on the JitoIndia11 Platform or otherwise until your account is registered and approved by us.
3.3 When you register with us, you agree to receive promotional messages from us, and our affiliates, through SMS, Whatsapp, email, call and push notifications, in relation to Contests, offers, and discounts (of various types and nomenclature e.g. bonus/cashback). You may withdraw your consent to receive such notification by sending an email to [email protected].
3.4 Internet connectivity issues at your end, disruptions due to your local internet environment, errors in the setup of software or hardware on your end, or other factors not directly attributable to us, are beyond our control, and accordingly, we will not incur any liability for any halts, breaks, or interruptions in your usage of our Services on account of such issues.
3.5 All monetary or non-monetary prizes, winnings are unique to each User and are non-transferable. In the event You attempt to transfer any winnings, discounts, or prizes, these will be forfeited at our sole discretion
4. Our Rights
We may, at our sole and absolute discretion: (i) restrict, suspend, or terminate your access to all or any part of JitoIndia11 Platform or Services; (ii) change, suspend, or discontinue all or any part of the Services; (iii) reject, move, or remove any material that may be submitted by you; (iv) move or remove any Content that is available on JitoIndia11 Platform; (v) deactivate or delete your account and all related information and files on the account; (vi) establish general practices and limits concerning use of JitoIndia11 Platform; (vii) offer cashbacks to you in form we deem fit; (viii) revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Cricket Match; and (ix) assign our rights and liabilities hereunder to any entity.
5. Intellectual Property
5.1 Unless otherwise set out herein, content comprised within the Services, including text, graphics, user interfaces, visual interfaces, marks, illustrations, photographs, trademarks, logos, videos, audio, images, flash animations, applications, advertisements, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by JitoIndia11, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws.
5.2 In the event you wish to use any Content available on JitoIndia11, you may request JitoIndia11 by writing to [email protected]. You will be solely responsible for all materials (whether publicly posted or privately transmitted) that you upload, post, e-mail, transmit, or otherwise make available on JitoIndia11 Platform (“Users’ Content”). You represent and warrant that you own all intellectual property rights in the User's Content and that no part of the User's Content infringes any third party rights. You further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on JitoIndia11. You agree to indemnify and hold harmless JitoIndia11, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of intellectual property rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on JitoIndia11, by you or through your commissions or omissions.
5.3 You hereby grant to JitoIndia11 and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes: (i) displaying Users’ Content on JitoIndia11; (ii) distributing Users’ Content, either electronically or via other media, and/or (iii) storing Users’ Content in a remote database accessible by end users, for a charge.
5.4 This license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology
6. JitoIndia11 Contests
6.1 The JitoIndia11 Platform offers fantasy cricket game. If you wish to participate in such Contest, contestants (“Contestants”) are invited to create their own fantasy teams (“Team/s”) to the maximum of 10 (ten) Teams consisting of real life cricketers participating in a Cricket Match to which the fantasy game relates. JitoIndia11 offers its platform to Contestants for fantasy game Contest(s) being created relating to each Cricket Match, and Contestants can participate in such Contest(s) with their Teams. Depending upon the circumstances of each Cricket Match, the Contestants can edit their Teams till the official match start time as declared by the officials of the Cricket Match or adjusted deadline, as specified below.
6.2 JitoIndia11 reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond JitoIndia11’s reasonable control
7. Types of Contests
7.1 As part of our Services, we are offering 2 (two) types of Contests: (i) public Contests, where any User may become a Contestant and matching of contestants is done by the JitoIndia11 Platform based on algorithm or its discretion; (ii) Private Contests, where you can invite your friends, batchmates and colleagues to participate in the Contests
7.2 A User can enter into a maximum of 10 Contests (including both public Contests and Private Contests) per Cricket Match. Any participation in a Contest more than 10 shall be automatically prohibited. All terms and conditions applicable to Contest(s) as set out herein shall be applicable to both types of the Contest(s). Users by participating in a Contest(s) hereby authorize JitoIndia11 to appoint a third party/ Trustee/Escrow Agent to manage Users funds on Users behalf.
Public Contest: In a Public Contest, JitoIndia11 may offer Contests comprising of minimum 2 (two) Contestants and maximum 1 (one) crore Contestants or any other pre-determined number of Contestants. This type of a Contest may be a paid Contest. A paid Contest requires Users to pay a buy-in fee for participation.
Private Contest: In a Private Contest, JitoIndia11 enables Users to invite their friends, batchmates and colleagues (“Guests”) to create virtual private rooms for Contests. A Users may create a virtual private room consisting of a pre-determined number of Contestants (number of Contestants can range from 2 (two) Contestants to 10 (ten) Contestants). The User creating such a Contest will have to set a pre-determined joining amount for such Private Contest and thereby join that Private Contest and shall supply a name for the Private Contest and be provided with a unique identification code (“Private Contest Code”) (which will be issued to the account of such User)
The User creating a virtual private room shall provide JitoIndia11 with the contact details, email address, mobile number or social media ID of Guests to enable JitoIndia11 to send a message or email inviting such Guest to register with JitoIndia11 (if necessary) and participate in the Private Contest in relation to which the invite has been issued.
It is clarified that the participation of a Guest in any Private Contest is subject to the pre- determined number of Contestants for that Private Contest, and JitoIndia11 shall not be liable to any person for the inability of any Guest to participate in any Private Contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Guest to participate in the Contest(s). Further, the participation of a Guest in any Private Contest shall be subject to these Terms & Conditions.
7.3 You agree to abide by the rules and regulations of the Contests (Public and Private Contests) on the JitoIndia11 Platform (“Match Rules”). You are required to ensure that you have read and understood the Match Rules before playing them. The Match Rules form part of the JitoIndia11 Platform Policies and can be found on the ‘Match rules/how to play’ page of our Platform.
8. Casbhack Rewards
8.1 Cashback, along with rewards such as referral bonus, KYC bonus, and joining bonus, earned prior to September 30th, 2023 will expire on November 30th, 2023.
9. Payment Terms
9.1 Once a User registers with JitoIndia11, we maintain a JitoIndia11 account/wallet for the User to keep a record of all transactions with us. Payments connected with participation in Contests have to be made through a User’s JitoIndia11 account/wallet. All deposit, winnings, discounts, cashbacks in relation to a User are credited in the JitoIndia11 account/wallet. The underlying bank accounts are escrow accounts operated by a third party/ Trustee/ Escrow Agent appointed by JitoIndia11 in accordance with Clause 7.2 of these Terms & Conditions. From these bank accounts, the payouts can be made to (i) Users (towards their withdrawals), (ii) real life cricketers basis the fantasy points earned by them on the JitoIndia11 Platform on the basis of actual score in the Cricket Match or discretionary cash reward to cricketers by the Users, (iii) JitoIndia11 (towards its platform fee including GST) and to (iv) Government (towards TDS on winnings amount and payment to real life cricketers). JitoIndia11 receives only its share of the platform fees through the said third party/ Trustee/ Escrow Agent.
9.2 In the event the payout for the real life cricketer held in a separate bank account (“Cricketer pay out”) is not claimed for 90 (ninety) days or refused to be claimed by the cricketer, then JitoIndia11 at its own discretion, may use the Cricketer pay out for giving cash backs to User(s), or give it to the winner of the relevant Contest, or utilize the Cricketer pay out in any manner it deems fit including treating it as its income.
9.3 To participate in a paid Contest, the Contestants will need to pay a pre-determined buy-in fee to participate. The buy-in fee shall become part of the prize money pot created for a Contest.
9.4 JitoIndia11 shall charge a fixed platform fee of 10% (ten percent) of the total funds received for any Contest, whether public or private. However, JitoIndia11 has the right to change the platform fee which would be specified and notified on JitoIndia11 Platform to a User prior to him joining a Contest.
9.5 The buy-in that a User pays to participate in a Contest is 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 JitoIndia11 has no right or interest in this prize money pot, and only acts as an intermediary engaged in collecting and distributing the prize money pot in accordance with the Contest terms and conditions.
9.6 All transactions that a User makes with JitoIndia11 are required to be in Indian Rupees (INR) through a UPI (unified payment interface) enabled bank account that belongs to the User.
9.7 The User will be free to deposit as much money as he/she wants to deposit for the purpose of participating in Contests subject to the monthly cash limit set by us with
undertakings, indemnity, waiver, and verification conditions as we deem appropriate in our sole discretion. We will notify the User of any changes in add cash limits on the platform.
9.8 To clarify the deposits made by a User in the JitoIndia11 account/wallet are purely for the purpose of enabling the User’s participation in the Contest or giving as cash reward to cricketers, and do not carry or generate any interest or return.
9.9 The User is not permitted to transfer amount from their JitoIndia11 account to the JitoIndia11 account of another registered user except as may be permitted by JitoIndia11
9.10 The User hereby represents and warrants that the payment instrument/mode used to make the payment on the JitoIndia11 Platform or add cash into their JitoIndia11 Account belongs to the User.
9.11 A User may withdraw all or part of the balance in the JitoIndia11 account to a designated bank account by means of an electronic bank to bank transfer. At the time of initiating a withdrawal request, the User will be required to provide KYC documents, PAN details and the details of the bank account to which the funds are to be credited.
9.12 A withdrawal request will be accepted by JitoIndia11 subject to alignment with the restrictions, and/or security reviews undertaken by automated systems and our risk management team. The User agrees that all withdrawals are governed by the following conditions
All withdrawal of winnings from JitoIndia11 account shall be subject to the levy of applicable processing fee (depending on the withdrawal method), and applicable taxes.
Withdrawal requests shall be processed post User’s successful KYC verification.
TA User is entitled to refund of the initial buy-in fee paid by him to participate in the Contest subject to adequate balance in his JitoIndia11 account, subject to levy of applicable processing fee (depending on the withdrawal method), and applicable taxes.
You can withdraw money only from the winnings account from your JitoIndia11 wallet.
9.13 Discounts/ cashback are not directly withdrawable and are subject to the terms and conditions applicable to their grant.
9.14 We will attempt to process a withdrawal request in a timely manner, but there could be delays due to the time required for the KYC verification and completing the withdrawal transaction. We shall not be liable to pay any form of compensation/interest to the User for the reason of such delays in processing withdrawal requests and remitting payments.
9.15 Tax/levies/duty etc., as applicable on prizes (in cash or otherwise), shall be shall be borne by the User. With effect from 01 April 2023, in compliance with updates in applicable law, TDS of 30% shall be deducted at the time of withdrawal on positive “net winnings” in a given financial year OR if there have been no withdrawals, as per closing balance at the end of the financial year. Financial year shall be calculated from 01 April to 31 March. Net winnings shall be calculated as follows:
Net winnings = [Cumulative withdrawals in the FY (Cumulative deposits in the ongoing FY + Net winnings which have already been subjected to TDS during the ongoing financial year + Opening deposit balance as of 1st April 00:00)]
Net winnings shall also be adjusted to account for the following amounts: winning balance for the previous financial year (on which TDS is already deducted).
9.16 In the event, a user does not withdraw any of his winnings during a financial year and has Net Winning balance as at 31 March of each year, then TDS of 30% shall be deducted on such Net Winnings balance from the user’s Winning Account as on 31 March. In case of any revisions by the GOI to the aforementioned rate or the definition of Net Winnings in the future, TDS will be deducted by JitoIndia11 in accordance with the then current prescribed TDS rate and the revised definition of Net Winnings. Winners will be provided TDS certificates in respect of such tax deductions. 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 Net Winnings. JitoIndia11 shall not in any manner be responsible for users individual tax matters.
9.17 Any match which is abandoned or has no match result, all the fantasy contests for that match are also abandoned and the entry amount is refunded.
10. KYC verification
10.1 JitoIndia11 may require Users to undergo an additional online document verification (“e-KYC”) in the following scenarios where we suspect, or have been notified that the User has violated any of the JitoIndia11 Platform Policies as may be required under applicable law; and as may be determined by JitoIndia11 in its sole discretion
10.2 As part of our e-KYC process, our automated system enables a mandatory process for Users to upload documents pertaining to their Permanent Account Number (PAN), AADHAR and bank account details.
10.3 The e-KYC documents must be uploaded on JitoIndia11 Platform, and we do not accept submissions in any other form or manner.
10.4 At the time of uploading the document on JitoIndia11 Platform, you must ensure the following documents are valid: the document is clear and legible, and shared in a jpg, jpeg, or pdf format; and documents are not password protected; User can readily access the OTPs for verification
10.5 The validation of e-KYC documents may take up to 30 (thirty) days from the time of submission of the documents. We reserve the right to validate the e-KYC document at our sole discretion. You will be notified of the status of verification on your registered mobile number/email address and on JitoIndia11 Platform.
11. Restrictions on using the JitoIndia11 Platform
11.1 In accessing or using JitoIndia11 Platform, you agree that you will abide by these Terms & Conditions and the JitoIndia11 Platform Policies. In the event User does not abide by these Terms & Conditions and the JitoIndia11 Platform Policies, JitoIndia11 may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
restricting, suspending, or terminating any User's access to all or any part of the Services;
deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's account on the date of deactivation or deletion shall be transferred to the User's bank account on record with JitoIndia11 subject to a processing fee (if any) applicable on such transfers as set out herein; or refraining from awarding any prize(s) to such User
11.2 The User agrees to not:
use any cheats, exploits, automated device, software, process or means to access, retrieve, scrape, or index JitoIndia11 Platform or any content on JitoIndia11 Platform without our express prior written consent.
use any device, software, process or means to interfere or attempt to interfere with the proper working of JitoIndia11 Platform;
undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
use or index any content or data on JitoIndia11 Platform for purposes of competing with us in any manner that we have not specifically authorised;
transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not
use JitoIndia11 Platform or any content from JitoIndia11 Platform in any manner which is, in our sole discretion, not reasonable and / or not for the purpose it is made available;
violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right.
pose as any person or entity or attempt to solicit money, passwords or personal information from any person.
act in violation of any term or condition of use of JitoIndia11 Platform;
reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit JitoIndia11 Platform or any content on JitoIndia11 Platform, except as expressly authorised by us;
transmit or attempt to transmit any computer viruses;
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 JitoIndia11 Platform or Services;
publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
advertise, offer or sell any goods or services for any commercial purpose on JitoIndia11 Platform without the express written consent of JitoIndia11;
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;
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;
restrict or inhibit any other User from using and enjoying any public area within our sites;
collect or store personal information about other Users;
interfere with or disrupt JitoIndia11 Platform, servers, or networks;
forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through JitoIndia11 Platform or to manipulate User's presence on JitoIndia11 Platform;
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.
engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.
11.3 If a User chooses a username that, in JitoIndia11’s considered opinion is obscene, indecent, abusive or that might subject JitoIndia11 to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, JitoIndia11 reserves the right, without prior notice to the User, to restrict usage of such names, which in JitoIndia11’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from JitoIndia11 Platform, deny such User access to JitoIndia11 Platform, or any combination of these options.
11.4 Unauthorized access to JitoIndia11 Platform is a breach of these Terms & Conditions, and a violation of the law. Users agree not to access JitoIndia11 Platform by any means other than through the interface that is provided by JitoIndia11 for use in accessing JitoIndia11 Platform. 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.
11.5 Use of JitoIndia11 Platform is subject to existing laws and legal processes. Nothing contained in these Terms & Conditions shall limit JitoIndia11’s right to comply with
governmental, court, and law- enforcement requests or requirements relating to Users' use of JitoIndia11 Platform.
11.6 Users may reach out to JitoIndia11 through [email protected] if the User has any concerns with regard to a Cricket Match and/or Contest within 48 (Forty Eight) hours of winner declaration for the concerned Contest.
12. Representations and warranties
12.1 The Users represent and warrant that:
The User is eligible and competent to enter into transactions with other users and JitoIndia11.
Any information that the User provides to us at any time during the access and use of the Services, whether at the stage of registration or any time thereafter is correct, complete, up- to-date, and accurate. We shall not be liable against any claim relating to the accuracy, completeness, and correctness of any information that a User provides to us. We may, at any time and at our sole discretion, require the User to verify the correctness, completeness, and accuracy of such information, and to that extent require the User to produce additional documentary proof. Where the User fails to provide us with valid documentary proof, we reserve the right to limit their access and use of the Services.
The User will protect the information they provide to us. The User must never share their JitoIndia11 account login information with anyone, including any other user of JitoIndia11 Platform or any representative of JitoIndia11. You specifically understand and agree that we will not incur any liability for information provided by you to anyone which may result in your JitoIndia11 account being exposed or misused by any other person
The User has the required legal rights in relation to any content that they may transmit, upload, or otherwise make available on the JitoIndia11 Platform, and such action of theirs shall not violate the intellectual property rights of a third party.
The User shall use their JitoIndia11 account solely for the purpose of playing the game offered through our Services.
Prior to adding cash to the JitoIndia11 account or participating in Contest, you shall be responsible to satisfy yourself about the legality of playing Contest in the jurisdiction from where you are accessing the Contest.
The User has the experience and the requisite skills required to participate in the Contest and that the User is not aware of any physical or mental condition that would impair their capability to fully participate in the Contest.
The User is aware that participation in the Contest may result in financial loss to them. With full knowledge of the facts and circumstances surrounding this Contest, the User is voluntarily participating in the Contest and assume all responsibility for and risk resulting from their participation or being associated with this Contest, including all risks of financial loss. The User understands that JitoIndia11 shall not be liable for any financial loss that they may sustain as a result of participation in the Contest. The User agrees to indemnify and hold JitoIndia11, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with their participation in the Contest.
The User understands and accepts that participation in a Contest does not create any obligation on us to give you a prize. Your winning a prize is entirely dependent on your s
yer vis-à-vis other players in the Contest and subject to the JitoIndia11 Platform Policies.
The User shall not hold JitoIndia11 responsible for not being able to play any Contest for which you may be eligible to participate. This includes, but is not limited to situations where you are unable to log into JitoIndia11 account or the same may be pending validation or you may be in suspected or established violation of any of the JitoIndia11 Platform Policies.
13. Conditions of participation
13.1 Subject to the terms and conditions stipulated herein below, JitoIndia11, 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 JitoIndia11 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 JitoIndia11 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 Match Rules or the JitoIndia11 Platform Policies;
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 JitoIndia11 Platform or of any User for any purpose;
Any type of cashback misuse, misuse of the Private Contest 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;
13.2 It is clarified that in case a User is found to be in violation of these Terms & Conditions and JitoIndia11 Platform Policies, JitoIndia11 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.
14. Game of Skill
14.1 The Supreme Court of India in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, judgment and attention, training and experience of the player shall be classified as a game of skill.
14.2 The Contest described above is game of skill as success of Contestants depends primarily on their superior knowledge of the games of cricket, players’ performance in a particular series, tournament, attention and dedication towards the Contest and skill in playing the Contest.
14.3 By participating in this Contest, each Contestant acknowledges and agrees that he/she is participating in a game of skill.
15. Third Party Sites
15.1 JitoIndia11 Platform may contain links to other Internet sites owned and operated by third parties (“Third Party Sites”). Users’ use of each of those sites is subject to the conditions, if any, posted by the Third Party Sites. JitoIndia11 does not exercise control over any Third Party Sites and cannot be held responsible for any content residing in any Third Party Sites. JitoIndia11’s inclusion of third- party content or links to Third Party Sites is not an endorsement by JitoIndia11 of such Third Party Sites.
15.2 Users’ correspondence, transactions/offers or related activities with third parties, including payment providers, verification service providers and entity tabulating fantasy points are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that JitoIndia11 will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
15.3 JitoIndia11 Platform contains content that is created by JitoIndia11 as well as content provided by third parties. JitoIndia11 does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Services provided on JitoIndia11 Platform including while participating in any of the contests hosted on JitoIndia11 Platform.
16. Privacy Policy
All information collected from Users, such as registration and credit card information, is subject to JitoIndia11 Platform's Privacy Policy which is available at Privacy Policy.
17. Selection of winners
17.1 Winners will be decided on the basis of the scores of the Teams in a designated match of the Contest. The Contestant owning the Team with the highest aggregate score in a particular match shall be declared the winner. The contemplated number of winners and the prize due to each winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest.
17.2 The winners shall contacted by JitoIndia11 through the JitoIndia11 app / on the e-mail address provided at the time of registration / on the registered mobile number. A winner will be required to provide: (i) photocopy of the User's PAN card; (ii) photocopy of AADHAR / UIDAI - OTP based authentication of the same ; and (iii) User’s bank account details and proof of the same. JitoIndia11 shall not permit a winner to withdraw his/her prize(s)/accumulated winnings unless the above- mentioned documents have been received and verified within the time-period stipulated by JitoIndia11. The User represents and
warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
17.3 Contestants are required to provide proper and complete details at the time of registration. JitoIndia11 shall not be responsible for communications errors, commissions or omissions including those of the Contestants due to which the results may not be communicated to the winner.
17.4 In case of a tie, the actual prizes will be different. If the contest slots are not filled, the prize amount and number of positions will be adjusted accordingly.
18. Fantasy Points
JitoIndia11 obtains the score feed and other information required for the computation and tabulation of fantasy points from a third party service provider(s). 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, JitoIndia11 shall use best efforts to rectify such error prior to the distribution of prizes. However, JitoIndia11 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 Contestants agree not to make any claim or raise any complaint against JitoIndia11 in this respect.
19. Limitation of liability and release
19.1 Users shall access the Services provided on JitoIndia11 Platform voluntarily and at their own risk. JitoIndia11 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 Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
19.2 By entering the Contests and accessing the Services provided therein, Users hereby release from and agree to indemnify JitoIndia11, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
JitoIndia11 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.
19.3 Users shall be solely responsible for any consequences which may arise due to their access of the Services by conducting an illegal act or due to non-conformity with these Terms & Conditions and other rules and regulations in relation to the Services, including provision of incorrect address or other personal details. Users also undertake to indemnify JitoIndia11 and their respective officers, directors, employees and agents on the happening
of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by JitoIndia11 on account of such act on the part of the Users
19.4 Users shall indemnify, defend, and hold JitoIndia11 harmless from any third party/entity/organization claims arising from or related to such User's engagement with JitoIndia11 or participation in any Contest. In no event shall JitoIndia11 be liable to any User for acts or omissions arising out of or related to User's engagement with JitoIndia11 or his/her participation in any Contest(s).
19.5 In consideration of JitoIndia11 Platform allowing Users to access the Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against JitoIndia11, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of the Services or related to the Contests or the prizes of the Contests.
20. Publicity
20.1 Acceptance of a prize by the winner or giving Cash Rewards to cricketers through JitoIndia11 Platform constitutes permission for JitoIndia11, and its affiliates to use the winner/ User's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.
20.2 The winners/ Users (giving Cash Rewards to cricketers) further undertake that they will be available for promotional purposes as planned and desired by JitoIndia11 without any charge. The exact dates remain the sole discretion of JitoIndia11. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
21. Grievance Redressal Mechanism
In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms & Conditions (ii) your access to the JitoIndia11 Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: [email protected]
The name and title of the Grievance Redressal Officer is as follows:
Name: Vijay Chandnani
Email: [email protected]
Address: Jito India Sports Private Limited
302, Sadguru Sahniwas, Omkar Nagar,
Nagpur-440027 (MH), India
The Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws.
JitoIndia11 reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.
22. Dispute Resolution
22.1 The JitoIndia11 Platform Policies are governed by and shall be interpreted in accordance with the laws of India.
22.2 Subject to Clause 22.3, any dispute, controversy, or claim against the us or arising out of the Terms & Conditions and JitoIndia11 Platform Policies shall be subject to the exclusive jurisdiction of the courts at New Delhi.
22.3 In the event of any legal dispute arising in relation to any aspect of the Terms & Conditions and JitoIndia11 Platform Policies, or the use of the Services by you, you must provide written notification to us of the dispute and relevant details. We shall attempt to resolve the dispute through discussions with you, and where such resolution fails to be concluded within 30 (thirty) days, the dispute may be referred to arbitration. The arbitration shall be conducted by a sole arbitrator to be appointed by JitoIndia11. The place of arbitration shall be New Delhi, and the arbitration proceedings shall be conducted, in English, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The award arising from such arbitration proceedings 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.
22.4 Notwithstanding anything in Clause 22.3, JitoIndia11 shall be entitled to seek and obtain from a court of competent jurisdiction, an interim or permanent equitable or injunctive relief, or any other relief available under applicable law, to safeguard its interest, at any time during the pendency of a dispute with you or any other person, and such pursuit of relief shall not constitute a waiver of the arbitration process mandated herein.
23. Force Majeure
If JitoIndia11 is delayed or prevented from providing Services under this Agreement by any cause beyond its reasonable control for the time and to the extent such failure or delay is caused by riot, civil commotion, wars, hostilities between nations, amendments in existing laws or passing of new laws, governmental and regulatory body orders or regulations, actions by governments or any agency thereof, an act of God, storms, fires, earthquakes, accidents, strikes, sabotages, explosions, declaration of any epidemic and/ or pandemic disease by central or state government authorities affecting the Services, other similar or different contingencies beyond the reasonable control of JitoIndia11, then JitoIndia11 shall return the buy-in/ Cash Reward collected from the Contestants to their respective JitoIndia11 account/ wallet without any deductions.
24. Disclaimers
24.1 To the extent permitted under law, neither JitoIndia11 nor its directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
24.2 To the extent permitted under law, JitoIndia11 shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Services, cancellation of competition and prizes. JitoIndia11 disclaims any responsibility for, and if a User pays for access to one of the Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by JitoIndia11’s maintenance on the servers or the technology that underlies our sites, failures of JitoIndia11’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, JitoIndia11 does not provide any warranty as to the content on the JitoIndia11 Platform. JitoIndia11 Platform content is distributed on an “as is, as available” basis.
24.3 Any material accessed, downloaded or otherwise obtained through JitoIndia11 Platform is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
24.4 JitoIndia11 shall make best endeavours to ensure that JitoIndia11 Platform is error-free and secure, however, neither JitoIndia11 nor any of its partners, licensors or associates makes any warranty that:
the JitoIndia11 Platform will meet Users' requirements;
JitoIndia11 Platform will be uninterrupted, timely, secure, or error free;
the results that may be obtained from the use of JitoIndia11 Platform will be accurate or reliable; and
the quality of any products, the Services, information, or other material that Users purchase or obtain through JitoIndia11 Platform will meet Users' expectations.
24.5 In case JitoIndia11 discovers any error, including any error in the determination of winners or in the transfer of amounts to a User's account, JitoIndia11 reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, JitoIndia11 agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
24.6 To the extent permitted under law, neither JitoIndia11 nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
24.7 Any Services, events or Contest(s) being hosted or provided, or intended to be hosted on JitoIndia11 Platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if suchpermission or authority is either not obtained or denied either before or after the availability of the relevant the Services, events or Contest(s) are hosted or provided.
24.8 To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Contestants) shall not be entitled to make any demands, claims, on any nature whatsoever.
DEPOSIT LEADERBOARD - TERMS AND CONDITIONS
1. Eligibility The Depositor Leaderboard contest is open to all eligible depositors who have made minimum deposit of 1 Lakh within the defined contest period.
2. Contest Period The contest will run from 29th August 2023 till 17th September 2023, during which eligible deposits will be considered for the leaderboard ranking.
3. Ranking Criteria Participants will be ranked on the leaderboard based on the total deposit amount made within the defined contest period. The participant with the highest total deposit amount will be ranked first, and subsequent ranks will be determined accordingly. Top 10 users with the maximum deposited amount will be rewarded with the prizes.
4. Merchandise Prize The merchandise prize will be awarded to the participant who reaches the deposit milestone first. In case of tie for a merchandise prize, the participant who achieved the milestone earliest during the contest period will be declared the winner.
5. Prize Distribution The prizes, if applicable, will be awarded to the winners after the contest period ends. The winners will be notified through their registered email addresses or contact details with which they will do KYC registration on our application.
6. Verification of Deposits All deposits will be subject to verification to ensure compliances with the contest rules. Any suspicious or fraudulent activity may lead to disqualification from the contest.