Terms & Conditions

Introduction

Usage of Westtfire

Amendment

• Westtfire shall have the power to make any further amendments, whenever it deems necessary to do so, by posting the same on the Website; to these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Westtfire in relation to any Amusement Facility.
• Any use of the Website establishes the User’s assent to such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Westtfire in relation to any Amusement Facility, as may be amended from time to time. Notification of any change or amendment in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Westtfire, may be notified by Westtfire, by either posting notifications on the Users accounts or via email to their registered email address with Westtfire.

Westtfire is vested with absolute and sole discretion to:

• Restrict, suspend, or cancel any User’s access to all or any part of the Website or the Website Facilities/Services;
• Change, suspend, or discontinue all or any part of the Facilities Services;
• Reject, move, or remove any material that may be submitted by a User;
• Move or remove any content that is available on the Website;
• Deactivate or delete a User’s account and all related information and files on the account;
• Establish general practices and limits concerning use of the Website.
• Revise or make additions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event and any further revision which arose out of necessity.
• Assign its rights and liabilities to all User accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email ids)

Eligibility

• The Contest(s) are open only to persons above the age of 18 years.
• The Contest(s) are open only to persons, currently residing in India.
• Westtfire may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Telangana, or Karnataka may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.
• Persons who wish to participate must have a valid email address.
• Westtfire may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
• Only those Participants who have successfully registered on the Westtfire as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.

Breach

Intellectual Property

• The intellectual property rights (“Intellectual Property Rights”) in all software underlying the Website and its Facilities/Services and material published on the Website, including (list is inclusive) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, and any other is owned by Westtfire, its partners, licensors and/or associates as mentioned in the Copyright Information in the website Users shall not exploit the Intellectual Property Rights that is owned by Westtfire and its attributes without express written license from Westtfire.
• Users shall be solely responsible for all materials (whether publicly posted or privately transmitted) that the users shall make available on the Website (“Users’ Content”). It is the responsibility of the User’s to make sure that the Intellectual Property Rights that is made available in the User’s content is owned by them and does not violate any third party rights. Users 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 the Website. Users assent to indemnify and hold harmless Westtfire, 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 the Website, by such User or through the User’s commissions or omissions.
• Users hereby grant to Westtfire 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:
  • displaying Users’ Content on the Website
  • distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
  • Storing Users’ Content in a remote database accessible by end users, for a charge.
  • This license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology.
• All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Westtfire.

Third Party Sites, Services and Products

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, Westtfire 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 Website’s Amusement Facilities;
  • 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 Westtfire 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.
• Users agree to provide true, accurate, current and complete information and in good faith at the time of registration and at all other times (as required by Westtfire). Users further agree to update and keep updated their registration information.
• Users agree to ensure that they can receive all communication from Westtfire by marking e-mails from the Website as part of their “safe senders” list. Westtfire shall not be held liable if any e-mail remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.
• The password provided to the User’s shall not be revealed to anyone else, meanwhile the Users have to maintain the confidentiality of their accounts and passwords. Users are forbidden from using anyone else’s password and shall immediately notify Westtfire of any unauthorised use of password and account.
• At the end of each session Users agree to exit/log-out of their accounts. User failing to comply with these requirements will not hold Westtfire responsible for any loss or damage that may result.
• Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with the Website Amusement Facilities and/or Westtfire 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 the Website or its Facilities.
• Any modification of files or software that are part of the Website Facilities shall not be done by the users without Westtfire’s express written consent.
• 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 the Website Amusement Facilities or any other person’s use or enjoyment of the Website Amusement Facilities.
• Without limiting the foregoing, Users agree not to use the Website for any of the following:
  • To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
  • Provide an obscene User name. ( the Website shall have the right to take it down)
  • 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, the Website, any software, hardware, or telecommunications equipment;
  • To advertise, offer or sell any goods or services for any commercial purpose on the Website without the express written consent of Westtfire;
  • To advertise, offer or sell any goods or services for any commercial purpose on the Website without the express written consent of Westtfire;
  • To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  • 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 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;
  • To restrict or inhibit any other user from using and enjoying any public area within our sites;
  • To collect or store personal information about other Users;
  • To interfere with or disrupt the Website, servers, or networks;
  • To impersonate any person or entity, including, but not limited to, a representative of Westtfire, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
  • To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Website or to manipulate User’s presence on the Website(s);
  • To engage in any illegal activities.
• Unauthorised access to the Website is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access the Website by any means other than through the interface that is provided by Westtfire for use in accessing the Website. 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 the Website is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Westtfire’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of the Website.
• Westtfire may not be held responsible for any content contributed by Users on the Website.

Links to other websites and advertisements

Registration

• In order to register for the Contest(s), Participants are required to accurately provide the following information:
  • Full Name
  • Team Name(s)
  • E-mail address
  • Password
  • State of Residence
  • Country of Residence
  • Gender
  • Date of birth
  • City of Residence
  • College attended
• Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
• If the participant belongs to a state where game of sake is considered illegal. In such case he/she will not be allowed to participate in the competition/contest.

Eligibility

Contest, Participant(s) and prize:

• Actual match start time is before the official deadline:
  • All sports other than Cricket-
    • Westtfire 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 –
    • Westtfire 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 Westtfire through reliable and/or publicly available sources, Westtfire reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
• Actual match start time is after the official deadline:
  • Westtfire 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.
• 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 Westtfire. While indicating a Player’s inclusion in starting lineup is given by Westtfire 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. Westtfire, shall not take any liability, if a player earlier indicated as ‘Playing’ does not play or start for any reason whatsoever.

Tabulation of fantasy points

Payment Terms:

• The payment of the pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the Westtfire Services charged by Westtfire and the pre-determined participant’s contribution towards the 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 Westtfire 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) Westtfire (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount). Westtfire receives only its share of the platform Fees through the said Escrow Agent.
• The Westtfire reserves the right to charge a Platform Fee, which would be specified and notified by Westtfire on the Contest page, being created on Westtfire 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 Westtfire 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 Westtfire 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 Westtfire 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 through the designated payment gateway shall be credited to User’s Unutilized Account’.
• Unutilized Amount is your Deposited Amount.
• Each time a User participates in any contest on Westtfire 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).
• 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.
• All amounts credited into a User’s ‘Unutilized’ Account must be utilised within 180 days of credit. In case any unutilized amount lies in the ‘Unutilized’ Account after the completion of 180 days from the date of credit of such amount, Westtfire reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User.

Contacting Winners

• Photocopy of the User’s PAN card or voter ID card;
• Photocopy of a government-issued residence proof;
• User’s bank account details and proof of the same.

Taxes Payable

Miscellaneous

Publicity

Dispute Resolution

Limitations of liability.

• Any incorrect or inaccurate information, whether caused by Users, printing errors or by any of the equipment, hardware, software or programming associated or used with the Promotion;
• technical errors, defects, delays or failures of any kind, including without limitation malfunction, disruptions or disconnections in communications lines, Internet or website access, hardware or software;
• Digital or electronic disruptions, e.g., viruses;
• Unauthorised human intervention, e.g., hacking;
• The technical or human error which may occur in connection with any aspect of the Promotion;
• Any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, access to, copying or downloading materials from the Website or any other website, or receipt or use of any prize.

Preventing steps for minors and other territories:

Disclaimers