Predict the future & win

Predict the outcome of the upcoming matches and stand a chance to win big!

Terms and Conditions

1. Background

1.1 The PowerPlay website (PowerPlay.Vivo.co.in or VivoPowerPlay.com) ("Website") includes all of the information, text, images, audio, code and other material such as graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations, schedule of matches etc (collectively, the "Content") and all of the features, Games and other services they provide — are owned and operated by vivo Mobile India Pvt. Ltd. ("Company"), incorporated in India under the provisions of the Companies Act, 2013 and having its registered office at 3rd Floor, Delta Tower, Plot No. 54, Sector 44, Gurgaon 122001, Haryana.

1.2 The Website is referred to as the "Service". These terms of usage ("Terms of Use") govern Your use of the Service. By using or visiting the Website, or by using any Content or information provided as part of the Website/Services, You shall be deemed to have read, understood and accepted to (i) be bound by these Terms of Use; (ii) accept and agree to the rules and odds of each Game made available through the Service from time to time, which can be found in the section "How to Play" of the Website; and (iii) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy. If you do not agree to all the terms of use, then you may not access or use the Service.

1.3 For the purpose of these Terms of Use, wherever the context so requires "You", "Your" or "User" shall mean any natural person who uses the Website for availing the Services. The term "We", "Us", "Our" shall mean the Company, its employees, and authorised agents that perform any services on the Company's behalf.

1.4 We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting on the Website. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Service by you after any modification to the Terms of Use constitutes your acceptance of the Terms of Use as modified.

2. Definitions

For the purposes of these Terms of Use,

2.1 "Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter;

2.2 "Authority" shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India;

2.3 "Force Majeure" means an act of god, war, civil disturbance, strike, lockout, act of terrorism, flood, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of any Party, which has the effect of wholly or partially suspending the obligations hereunder, of the Party concerned during the continuance and to the extent of such prevention, interruption or hindrance; and

2.4 "Minimum Age" shall mean any person aged 18 (Eighteen) years and above;

3. Service and Rules of the Game(s)

3.1 Through the Website, the Company offers Users prediction-based online fantasy games ("Games") for the 9th season of the Indian Premier League for which the Company is the official sponsor.

3.2 The employees of the Company and the agencies administering/ managing the Website and/or other properties related to the Website or the Company are open to participate in the game but such Users shall not be eligible for any Prizes.

3.3 Users wishing to participate in Games ("Participants") are invited to (i) register at the Website and verify their email address (each such User shall be given 10000 points which they can use to predict the winners of league and playoff matches), (ii) spread the word to earn some extra points, (iii) take part in league and playoff predictions, and (iv) keep track of people who earned the most points through the Leaderboard.

3.4 The Company offers Participants fantasy game(s) related to league and playoff stages, and Participants can participate in such game(s) and refer their friends too. Each referred conversion for a User shall be liable for extra points which can be used for predicting the winners on the basis of odds [this working is presented in a detailed version on the How to Play page of the Website].

3.5 Three (3) top Users who have accumulated the highest points in a given week or on a given day shall win goodies sponsored by the Company. The awards for the final match are different than the ones offered in the league levels and more details about this can be have from the Prizes page.

3.6 The Sporting Events shall, in addition to these Terms of Use, be governed by:

  • Rules of the Games notified by the Company through "How to Play" and emails from time to time; and
  • All Participants agree to abide by the same.

3.7 Any registered user can win the daily prize only 2 times in a week and 4 times during the lifetime of the game. Also, any registered user can win the weekly prize only once during the lifetime of the game.

3.8 Runners-up of the playoff matches will get couple IPL tickets for the final match which will include airfare and stay.

3.9 Travel and accommodation is not part of the weekly prize and shall be arranged and paid for by the winner. If no details are received by us within 3 days of sending this mail, the winner shall lose claim to the prize.

3.10 That the Company may compensate some other prize of same value (or just cancel the prize) to winners for some week in case some offline activities such as transportation, sending the items through courier, etc. don't allow or permit the timely delivery of prizes. In such a case the decision of the Company shall be final.

3.11 User with the highest number of points earned during the final match, will be gratified with a 3N/4D trip to Kerala. This includes couple air ticket and stay at a 3star-4star hotel. This does not include meals, local sightseeing, transport, shopping and any other personal expenses. Vivo India will not be responsible for any mishaps, force majeure etc. This offer is valid only for 18+.

4. Game of Skill

4.1 You acknowledge, agree and confirm that the Games described in Clause 3 above are games of skill as the success of Participants in such games depends primarily on their relative knowledge of

  • the game of cricket;
  • cricket statistics;
  • the performance of players in in a particular territory, conditions and/or format (such as ODIs, test cricket, T20 or T20 Internationals);
  • attention and dedication towards the Game(s); and
  • adroitness in playing the Game (s).

4.2 The Game(s) also requires Participants to be well aware of the events, happenings and news about the players and teams playing in the 9th season of the IPL so that they can make substitutions at appropriate times to gain the maximum points.

4.3 By participating in such Game(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.

5. Representations and Warranties as regards eligibility of the User

5.1 You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use.

5.2 By participating in any Predictions on the Website, you represent and warrant that:

a. You are a natural person, of the Minimum Age, competent to contract, have read, understood and agree to be bound by these Terms of Use;

b. You are a citizen or resident of India and that you have an address in India;

c. At the time of entering a game, you are physically located in India in a jurisdiction in which participation in the Game is not prohibited by applicable law;

d. You will abide at all times by these Terms of Use and any other agreements between you and the Company regarding your use of the Service or participation in games; and

e. If you do not meet the eligibility requirements of this section, then you are not authorized to use the Service.

5.3 The Company may require You to provide documentary proof that you are eligible to participate pursuant to Clause 5.2, prior to You receiving a prize. This includes by requesting that you fill out an affidavit of eligibility. To the extent the Company requests that you fill out such an affidavit and you fail to do so within a specified time as communicated in the official communication released by the Company, or the Company otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that the Company may have in law or equity, the Company reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, the Prizes will be forfeited, and not distributed to any other Users.

5.4 You may establish, maintain, use and control only one account on the Service. In the event the Company determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that the Company may have, the Company reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

5.5 The Company employees may use the Service ONLY for the purpose of testing the user experience, but may not withdraw money or prizes. Consultants of the Company or promoters of the Service may play in Games without limitation, but only if (i) their arrangement with the Company does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.

5.6 Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any Games. Team owners, umpires, league employees, franchise team officials, and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.

6. Registration

6.1 In order to participate in a Game on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, the Company may deny you access to areas requiring registration, or terminate your account, at its sole discretion.

6.2 Such Registration Data can include, but not be limited to a unique screen name, e-mail address and password associated with a User.

6.3 If you use the Website as a registered User, you are responsible for maintaining the confidentiality of your Registration Data. You are responsible for all activities that occur under your screen name and password.

6.4 You may not use a screen name that promotes a commercial venture or a screen name that the Company in its sole discretion deems offensive. Many portions of the Service require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your screen name and Password, and are fully responsible for all uses of your screen name and Password, whether by you or others.

6.5 The Company may require you to change your screen name or may unilaterally change your screen name.

6.6 The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 6.

7. Communications and Information Practices

As a result of your registration for the Service, you may receive certain commercial communications from the Company. You understand and agree that these communications are part of your registration. You may opt out of receiving these communications at any time by using the "unsubscribe" link made available through the e-mail.

8. Disqualification and Cancellation

8.1 The Company reserves the right to cancel any Games, in its sole discretion, without any restrictions.

8.2 The Company, in its sole discretion, may disqualify you from a game or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend or terminate your account if you engage in conduct that the Company deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Service or in any way detrimental to other users.

8.3 Improper conduct includes, but is not limited to:

a. falsifying personal information required to use the Service or claim a prize;

b. violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means;

c. tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service;

d. obtaining other entrants' information and spamming other entrants;

e. abusing the Service in any way; or

f. otherwise violating these Terms of Use.

8.4 You acknowledge that the forfeiture and/or return of any prize shall in no way prevent the Company from pursuing criminal or civil proceedings in connection with such conduct.

8.5 You acknowledge and confirm that the Service MAY NOT BE USED FOR ANY FORM OF GAMBLING.

8.6 The failure of the Company to comply with any provision of these Terms of Use due to a Force Majeure Event will not be considered a breach of these Terms.

8.7 We are not responsible for any change in the venue or cancellation of the matches.

 

9. Prizes and Taxation

9.1 Within a reasonable time period after each Game or Sporting Event ends, the tentative Winners are announced but remain subject to final verification by the Company.

9.2 In the event of a tie, no points will be deducted and/or added to any User's accounts.

9.3 Prize calculations are based on the results as of the time when final scoring is tabulated by the Company. Once winners are initially announced by the Company, the scoring results will not be changed in light of adjustments made in the official scoreboards, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results.

9.4 We also may make adjustments in the event of a non-compliance by any of the Users with the Terms of Use.

9.5 No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Game is challenged by any Authority, the Company reserves the right in its sole discretion to determine whether or not to award or adjust such prizes.

9.6 In all disputes arising out of the determination of the winner of the Games or Sporting Events, the Company is the sole judge and its actions are final and binding on all Users.

9.7 All prizes shall be subject to deduction of tax ("TDS") as per the provisions of the Income Tax Act, 1961. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.

10. Publicity

10.1 By entering a game, You consent to Company's and its service providers' and business partners' use of Your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected game and/or other games made available through the Website.

10.2 The Winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, the Company has the right to ask such individuals to make themselves available to the Company for publicity, advertising and promotional activities relating to the games or other Company products, services or events, without additional compensation.

10.3 The Company and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Game. You agree that the Company may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of the Company or other Games operated by the Company.

10.4 You agree that participation in and (where applicable) the winning of a prize in connection with a Game constitute complete compensation for your obligations under this Clause 10, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations.

11. Intellectual Property Rights

11.1 The Company acknowledges that the IPL and its franchises/ teams/ players, respectively, own all proprietary names and marks relating to the relevant tournament or competition.

11.2 Copyright

a. The copyrights, design rights (whether or not registered), moral rights, performance rights, database rights, new media rights, names, logos, publicity rights, and any and all other intellectual property and proprietary rights of any nature whatsoever that subsist, or may subsist, or be capable of registration, in each case in relation to the whole or part of the Website or the Service, rests solely with the Company. The Company merely grants You with a license to use the Content available on the Service.

b. All Content is the Company's property and is protected by Applicable Law with respect to intellectual property rights. The Content shall not be reproduced or used without express written permission from the Company. The Company reserves the right to terminate Your engagement with Us, if the Company, in its sole and absolute discretion, believe that You are in violation of this Clause 11.2.

c. The Content made available on or via the Website, is provided to You 'AS IS' for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. We reserve all rights, not expressly granted in and to the Website.

11.3 Trademarks and Domain Names

a. The Company is the sole owner of all right, title, and interest in and to the "Vivo PowerPlay" Trademark.

b. VivoPowerPlay.com is a domain name registered in the name of the Company. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company.

c. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any product or service that is not affiliated with the Company.

 

12. Links

12.1 The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.

12.2 We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

12.3 On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

13. Advertisement Links

13.1 The Website may contain links to various advertisements ("Advertisement Site"). The Advertisement Site is not under the control of the Website. We are not responsible for the content on any Advertisement Site, including, without limitation to, any link contained in the Advertisement Site, or any changes or updates to the same.

13.2 These Advertisement Site(s) shall be construed to be Linked Sites (as mentioned above) and the provisions of Clause 7 above shall apply for Advertisement Site(s).

14. Privacy

The Company collects, stores, processes and uses Your information in accordance with its Privacy Policy. By using the Service and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Website/App in accordance with Website's Privacy Policy.

15. Fraud and Improper Conduct

15.1 You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the Services. You agree that You will not in any way:

a. Interfere with the ability of others to access or use the Service;

b. Disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users ability to use the Service;

c. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

d. Upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;

e. Attempt to gain unauthorized access to the account of any other User, or otherwise interfere with any other User's use of the Website or the Services provided through the Website;

f. Use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the service, including, without limitation, with respect to any identifying information for Your account, and all information that You provide must be accurate and correct, and You must update any changes to such information, so that it remains current.

g. Abuse, harass, impersonate, intimidate or threaten other Users;

h. Post or transmit, or cause to be posted or transmitted, any content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;

i. use the Service for any unauthorized purpose, or in violation of any Applicable Law, including intellectual property laws;

j. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User;

k. create or submit unwanted email ("Spam") to any other Users;

l. infringe upon the intellectual property rights of the Company, its users, or any third party;

m. submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;

n. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

o. use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;

p. use artificial means, including creating multiple user accounts, to inflate your position and standing in the leader boards for Games and Sporting Events;

q. advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

r. sell or otherwise transfer your profile; and

s. attempt to influence the play in any sports event that is the subject of a competition on the Service in which you are involved or in which you have a direct or indirect interest.

16. User Generated Content

16.1 You understand that all Content made available on the Service by a user ("User Generated Content"), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Generated Content originated. This means that you, not the Company, are entirely responsible for all User Generated Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will the Company be liable in any way for any User Generated Content.

16.2 You acknowledge that the Company may or may not pre-screen User Content, but that the Company and its representatives have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Generated Content available via the Service. Without limiting the foregoing, the Company and its representatives shall have the right to remove any User Generated Content that violates these Terms or is otherwise objectionable in the Company's sole discretion.

16.3 You understand that by using the Service, you may be exposed to User Generated Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Generated Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.

16.4 With respect to User Generated Content you submit or otherwise make available on or to the Service, you grant the Company an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Generated Content (in whole or in part), and to incorporate such User Generated Content into other works, in any format or medium now known or later developed.

17. Warranty disclaimers

17.1 The Service and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Service and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.

17.2 You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content contained in or accessed through the Service, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

17.3 The Company shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Website's Services or due to the non- availability of the Website Services.

17.4 We make no representation or warranty that the Content published on the Service or the Service shall (i) meet Your requirements/ be accurate or reliable; (ii) be uninterrupted, timely, secure or error-free; (iii) rectify any errors found in the Content or on the Service's software. Further, access to the Service shall be contingent to Your internet accessibility and We shall not be held liable for any lack/ sporadic breaks in Your internet accessibility.

17.5 In the event that the Service or any portion thereof is not accessible due to technical problems or for any other reason, site visitors are not entitled to claim any loss or damage and are not entitled to any compensation.

17.6 If You are dissatisfied or harmed by this Website or anything related with the Website, Your sole remedy shall be to terminate these Terms of Use by closing Your account on the Website.

18. Indemnification

You agree to release and to indemnify, defend and hold harmless the Company and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defense of such matter.

 

19. Limitation of Liability

19.1 YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE.

19.2 YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK.

19.3 RECOGNIZING THE RISKS OUTLINED IN CLAUSES 19.1 AND 19.2 ABOVE, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM

  • THE SERVICE;
  • THE USE OR THE INABILITY TO USE THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
  • ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
  • ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS;
  • FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE);
  • ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SERVICE OR ANY OTHER WEBSITE;
  • THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND;
  • DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST;
  • TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR
  • ANY OTHER MATTER RELATING TO THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR GENERAL USE OF THE SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SERVICE.

 

20. Termination

20.1 The Company may terminate or suspend all or part of the Service and your Vivo PowerPlay account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your account on the Service, you may contact us.

20.2 The following provisions of the Terms survive any termination of these Terms: REPRESENTATIONS AND WARRANTIES AS REGARDS ELIGIBILITY OF USER (CLAUSE 5) (except for Registration and Account Password and Security); RULES OF THE GAMES (CLAUSE 3); INTELLECTUAL PROPERTY RIGHTS (CLAUSE 11); LINKS (CLAUSE 12); ADVERTISEMENT LINKS (CLAUSE 13); PRIVACY (CLAUSE 14); FRAUD AND IMPROPER CONDUCT (CLAUSE 15); WARRANTY DISCLAIMERS (CLAUSE 17); INDEMNIFICATION (CLAUSE 18); LIMITATION ON LIABILITY (CLAUSE 19); TERMINATION (CLAUSE 20); AND GOVERNING LAW (CLAUSE 23).

21. Severability

If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

22. General

Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy (provided on the Website) constitutes the entire agreement between you and the Website, in respect of the Services and supersedes all previous written and oral agreements between You and the Website, if any. Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches.

23. Governing Law

Terms of Use shall be governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles. The courts in Bangalore, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use. You agree to submit to the jurisdiction of the courts in Bangalore, India and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

24. Grievance Officer

The name and contact details of the Grievance Officer are provided below:

Name:VIVO

E-mail Address:info@vivopowerplay.com

Postal Address:3rd Floor, Delta Tower, Plot No. 54, Sector 44, Gurgaon 122001, Haryana.

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  • 6
  • 6
... and still counting