Terms and Conditions

TERMS OF USE AND SERVICES

BEFORE REGISTERING WITH US, YOU SHOULD CAREFULLY READ THE TERMS PROVIDED ON THE WEBSITE WHICH IS APPLICABLE TO ALL SERVICES ON THE WEBSITE AND ALSO THE PRODUCT-SPECIFIC CONDITIONS AND RULES APPLICABLE TO SPECIFIC OFFERINGS AND SUBMIT YOUR EXPRESS APPROVAL OF THE SAME.

You should read all terms as You will be bound by them all. Read each section carefully.

All deposits and withdrawals made by players are maintained in the Company’s Account. This account holds and dispatches funds to players as and when withdrawals request are placed. Only the amount earned via commission is transferred from this Account to a separate account (which is maintained by the Company).

SERVICES NOT OFFERED OUTSIDE INDIA

You need to confirm at the time of registration that You are not accessing the Services to play cash Games for Match 4 from outside India.

SHARING OF PASSWORD AND OTHER PLAYER RESPONSIBILITIES

Sharing or distribution of the Password with any other User/Person/Group or any third party is strictly prohibited. We are not responsible if your account is accessed or opened by others using Your password. You are held legally responsible and liable for all of Your activities on the Website made from your account.

The Players who admit that they may be exposed to content posted by other Users, which they may find offensive, obnoxious or indecent and that the Website may not be able to prevent such content being posted. Such content should be brought into Our notice and We shall act upon the information as it deems acceptable.

The decision taken by the management of the Company or the Website in this regard shall be final and binding on the Player and the Player specifically agrees that we will not incur any liability under any circumstance whatsoever regarding the same. You understand that it is your obligation to protect the information You have provided on our Website including, but not limited, to Usernames, passwords, e-mail addresses, contact details, and telephone numbers.

You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your account on the Website being exposed or misused by any other person or any other harm or loss being suffered by You. You are accountable to obey any applicable law, while taking part in any competition or tournament organized through the Website. You undertake and agree to assure us against any claims, expenses or liabilities suffered by or claimed against us by any person or entity arising out of Your non-compliance with any applicable laws.

You also understand and accept that your mere participation in a game/ tournament available on the Website does not create any obligation on us to give you a prize. Your chances of winning a prize are entirely dependent on your skill as a Player, same as other Players in the game/tournament, and subject to the rules of the game/ tournament. You acknowledge that your participation in any game/tournament available on the Website is purely voluntary and is at your sole discretion and risk.

You understand and acknowledge that once a game/tournament has commenced, if you are not being able to play due to a slow internet connection, faulty hardware, internet connection failure, low computer configuration or for some other reason, is not attributable to us for refund of the entry fee you may have paid for participation. You agree, understand and acknowledge that you will use your account to us solely for the purpose of playing on the Website and for any other transactions with us that you may have to carry out with respect to Your usage of the Services.

You understand and acknowledge the fact that We are neither a bank nor a financial institution and that the purchases/balance standing to the credit in your account do not accumulate any interest. You also understand and agree that your account maintained by us is purely for the purpose of payment of the entry/subscription fee to participate in Games/tournaments made available on the Website and for the purchase of cash prizes that You may win.

You also agree that you are required to furnish Your PAN (Permanent Account Number) duly issued to You by the Income Tax Department, Government of India, as the case may be, to deduct TDS as per the rules and regulations of the Government of India. You acknowledge that you are making use of the services knowing that You may face a risk of monetary loss when using the Services and that www.match4.in shall have no responsibility for any such loss that arises in the course of Your participation in the Services.

You may not impersonate another person or User, attempt to get a password, other Account information, or other private information from a User, or harvest e-mail addresses or other information. In the event, we have reasonable grounds to believe that Your activities include any of the acts specified above, we may initiate appropriate legal proceedings against you as well as notifying the relevant regulatory or law enforcement authorities where appropriate, apart from suspending or terminating your privileges for the use of the Website/app.

You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with our website or by using any Services.

ACCOUNT CREATION AND MAINTENANCE

You should have only one Account on our Website. Here on referred to as “Account”, for which You will register using Your own, correct name. You may not use the Service by means of another person’s Account. Should You attempt to open more than one Account, under Your own name or under any other name, or should You attempt to use the service by means of any other person’s Account, We will be entitled to close all Your Accounts and bar You from playing Games on our Website in the future immediately. You should ensure that You have read and understood the rules and regulations of the Games available through the service, here on referred to as the “Games”. You agree to abide by the rules and regulations of each of the Games as mentioned and periodically changed on the Website.

The rules that govern the Games and Services offered by our Website form part of the Terms and Conditions and they will be available under the “How to Play” or similar section on the Website and user can also watch tutorial at the time of account creation via our app. For all rules, however, they may or may not be explicitly mentioned on the Website. The User is encouraged to seek clarification by using the Customer Services offered. The determination decided by the Company and/or its Website will be final and You agree to abide by them by accepting the Terms and Conditions.

INTELLECTUAL PROPERTY

The Sphere hold all rights tangible or intangible for the Website and all the Services offered on our Website including but not limited to all Games and other content, promotional material, inter alia all strategic and development plans, ideas, designs, financial conditions, business plans, data banks, information related to technology and process, the technology developed including the software and methodology of usage from here on referred to as “Intellectual Property”. The Company is only permitting the User to use the Intellectual Property to play the Games and use other Services offered. Under all circumstances, the User is strictly prohibited to use the intellectual capital otherwise, which includes, but is not limited to, copying, reproducing or transmitting any media known to/or will be known to humankind of the Intellectual Property. The User is not being granted any rights whatsoever with respect to the Intellectual Property by allowing him to play Game and use other Services on our Website. All other trademarks are the property of their respective owners.

DESCRIPTION OF SERVICES OFFERED

The Sphere through its Website, aims at providing technology and IT Services to enable online multiplayer gaming in real time.

Besides providing technology and IT Services to enable online Games of Skill, the Company will also create software and technology to enable a play of game of skills on multiple technology platforms, real-time or otherwise. Such technology will not be sold, but the Users will be allowed to use it at the sole discretion of The Sphere .

The Services provided by the Website are only intended to play with Skill and for entertainment purpose only. The Company is not responsible for any betting or gambling acts that may take place outside the Website.

The service charge levied is subject to change from time to time and the Users will be informed accordingly by answering to such specific request from customer care. We reserve the right to collect service charge at varying rates and at different times and for multiple types of Games and other Services offered by us. The service charge and applicable taxes may vary as per the changes in the law and We may change the levy of service charge accordingly, based on the Company’s discretion.

SOFTWARE USAGE

Commercial use of the Software is strictly forbidden. The User is allowed to use the Software only for his/her personal use. Under no circumstances shall a User be permitted to use his/her Account with The Sphere for any purpose other than for playing Games. You may open only one Account per person. The Sphere reserves the right to monitor any effort to establish multiple Accounts; in the event The Sphere discovers that You have opened more than one Account per person, all additional Accounts will be closed immediately without notice and continued violation will result in the termination of any and all of Your Accounts and The Sphere may void any associated winnings. The User may not attempt to modify, decompile, reverse-engineer or disassemble the software in any way. The use of artificial intelligence including, without limitation, “robots” is strictly forbidden in connection with the Software and the Games. All actions taken in relation to the Games by a User must be executed personally by the User through the User interface accessible by use of the Software. You agree that The Sphere may take steps to detect and prevent the use of prohibited EPA Programs. Such action may include, but is not limited to, the examination of Software Programs running concurrently with the The Sphere Software on the User’s computer.

FAIR PLAY AND PREVENTION OF COLLUSION AND FRAUD

All necessary steps have been taken in order to ensure Fair Play on the Website. We will prevent You from colluding with other Players in order to win/lose. When You agree to the terms and conditions mentioned here, You agree that You will not play any game in a partnership or by communicating with other Players which may give benefit You over other Players. In case a Player is found involved in such activities, The Sphere has the right to withhold all the funds in the Player’s Account and to cancel and close the Account without any prior communication to the Player. As part of collusion prevention, We mandate that one User shall open only one Account with Us. In case we discover duplicate Accounts belonging to a User, We shall take appropriate action to terminate the duplicate Accounts.

ELECTRONIC SERVICES PROVIDER

When You use our Services, You will be required to send money to Us and may be required to receive money from us. To process such financial transactions, We may use third-party Electronic Payment Processors or Service Providers (ESPs). As required, You permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from Your Account. You also permanently agree that in accordance with Your requests as submitted, We may give such instructions on Your behalf. You agree to be certain by the Terms and Conditions of use of each ESP. In the event of a conflict between these Agreements and the ESP’s Terms and Conditions, these agreements shall prevail.

SOFTWARE SERVICE CHARGE RULES

Our Website is safe and secure and We believe in Responsible Gaming. Hence, kindly find the detailed information about the house cut fees (software service charges) for our services below.

THIRD PARTY CONTENT

The Sphere will not stand the use of any abusive or offensive language on Its chat boards or any other platforms. Also, You are not allowed to make false or damaging comments with regard to the Company in any media or forum. We hold the right to reject or delete any text, files, images, photos, videos, sounds, or any other material that breaches the terms in accordance with our third party content policy posted by You on any platform. Any violation may result in removal of the third-party content, a suspension of Your use of the Services and/or any suitable action as may be required by us to ensure the agreement. Please beware of phishing attacks, spoofed e-mails and links from external third-party sources claiming to be from our Website or Match 4 Game. We are not responsible for such e-mails/messages and/or any loss arising out of clicking on links contained in them.

DISCONNECTIONS AND TECHNICAL ISSUES

In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service, as a policy, Match 4 Games will cancel the Games and refund the coin amounts after proper verification and no rake will be taken from such Games and You accept that Match 4 Games is not responsible to You in all such cases. The Sphere is also not liable for any prospective winnings from any incomplete tournament. The Sphere does not hold any liability to any disconnection, lag, freeze or interference in the network on the User’s computer or any other external networks. In case of any disruption in an ongoing game, the game will be manually canceled by The Sphere and the coins shall be refunded irrespective of the status of the game. For any game, The Sphere has the right to cancel and refund the coins. In no case, other than a server crash, The Sphere is Accountable for any of the Player’s disconnections from the server.

DISCLAIMERS AND INDEMNIFICATION

By registering, You are considered to have accepted and understood all the Terms and conditions. We recommend that You keep a copy of all transactions, rules of playing, cancellation and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms and Conditions by You does not surrender Our rights to act with respect to any prior, concurrent, subsequent or similar breaches. Any competition or League organized by Us on the Website shall be governed by these Terms and Conditions and any additional Terms and Conditions which may be explicitly defined for a competition or tournament. The Company and/or its Website and/ solely reserve the right to change the Terms and Conditions and update the same on the Website. It is the User’s responsibility to check the updated terms and conditions on a regular basis and to decide whether to continue his membership or not. At any point in time,You may choose to discontinue the use of our Website or any Services offered by the Company. If You continue to use the Service/product or the Software, You will be responsible for Your acceptance of the changes to this Agreement. If any judicial or quasi-judicial body in India declares any of these Terms or Conditions to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining Terms and Conditions will not be affected. Any such inappropriate term or condition will be replaced with another term that is valid and enforceable and is in most nearly with effect to the original invalid term. By agreeing to the Terms of Use,You agree to the fact that the information You have provided to the Company, Website or affiliate on www.match4.in and its affiliates, will be used by the Company and its affiliates as considered appropriate. Our methods of gathering information may change from time-to-time and our Privacy Policy may be modified too. These changes will be posted on this page. You can always understand the information We collect, how We use it, and under what circumstances We disclose it.

WARRANTY

The Company disclaims any and all Warranties, expressed or implied, in connection with the software, the Site and the Games, all of which are provided to the User “AS IS”. You access and use the Website at Your sole risk. The Company explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Without limiting the foregoing, the Company does not represent or warrant:

a) The quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of the software, the site and the Games.

b) The suitability of the information contained in the documents or other information published on this site.

YOU UNDERTAKE AND AGREE AS UNDER

(a) The Company does not promise or ensure that You will be able to access Your Account whenever You want. It is entirely possible that You may not be able to access Your Account or the Services provided by the Company at times or for extended periods of time due to, but not limited to, system maintenance and updates.

(b) You are aware that participation in the Games of Skill organized by Us may result in financial loss to You. With full knowledge of the facts and circumstances surrounding the activity, You are voluntarily participating in the activity and assume all responsibility for it and risk resulting from Your participation, including all risks of financial loss. The Company makes no guarantees, warranties, representations, or other promises relative to the activity, and assumes no liability or responsibility for any financial loss that You may sustain as a result of participation in the activity.

(c) You agree to indemnify and hold the Company, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with Your participation in the activity. You acknowledge that You are solely responsible for any action that arises from Your participation in this activity or around this activity, regardless of occurring before, during or after the period of the activity.

(d) To hereby save, hold harmless, discharge and release the Company from any and all liability, claims, causes of actions, damages or demands of any kind and nature, whatsoever, that may arise from or in connection with Your participation in the activity.

(e) You will be solely responsible for any delay and/or damage to Your computer systems or loss of data that results from the installation of Website Games or software on Your computer and the Website expressly disclaims liability for any such failure or delay.

(f) You are solely responsible for maintaining the confidentiality of Your Account access credentials (i.e. Username and Password) and financial instruments (i.e. credit/debit card number).

(g) You agree to assume the entire risk as to the results and performance of any software and/or Games availed by You on our Website. As such, results and performance among other things depends on Your Internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of Your hardware when You access, download or execute software or Games available on our Website. The Company explicitly disclaims liability for any delay or failure to perform resulting from installation of its Games or software on Your computer.

(h) You specifically acknowledge, agree and accept that We are not liable to You for:

(i) defamatory, offensive or illegal conduct of any other Player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another Player or otherwise.

(ii) any loss whatsoever arising from the use, abuse or misuse of Your Account on our Website.

(iii) any loss incurred in transmitting information from You to Our Website by Internet or by other connecting media.

(iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications’ lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with Your access to or use of Our Website.

(v) the accuracy, completeness or currency of any information Services provided or any statistics shown on the Website;

(i) You agree to indemnify, defend and hold the Company, harmless from all claims, damages and expenses made by any third party arising out of:

(a)Your content, or

(b) Your violation of these Terms or Privacy Policy; or

(c) Use of Our Website by any other person accessing the Services using Your Username or password, whether or not with Your authorization.

(d) The Company reserves the right to change, modify or delete the sites, information, and Terms & Conditions listed on this site at any time without prior notice.

LIMITATION OF LIABILITY

You clearly understand and agree that the Company shall under no circumstances (including without limitation in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to, injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if the Company has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable. You agree to indemnify us against any claims in respect of any such matter.

GOVERNING LAW AND JURISDICTION

This agreement shall, in all respects, be governed, interpreted by, and construed in accordance with the laws of India. All disputes, differences, complaints etc., shall be subject to Arbitration under the Indian Arbitration and Conciliation Act, 1996. The arbitrator will be appointed by the Company after due consent from the Company and the User. The place of arbitration shall be New Delhi, India.

There could be instances where the Company is not able to receive prompt updates about the change in applicable laws of Your place of stay. Please ensure that any activities You engage on our Website are legal as per the applicable laws. You agree to indemnify and hold harmless the Company or its Website from any claim, demand, damage, or loss whatsoever coming out due to Your non-compliance with the laws of Your jurisdiction.

CONTACTING US

In case of any questions or assistance, feel free to Contact Us anytime, In case of any change in Your personal information, please contact our Customer Services agent. In case, You forget Your password, or suspect that someone else has learned and used Your password please contact Our Customer Services. Also, in case of any clarification that You may wish to seek regarding anything, please feel free to contactUs through our Customer Services at contach@thesphere.in

CHAT ETIQUETTES AND ABUSE

We always believe in giving our Players a world-class gaming experience. The chat is an important endeavour. We, however, do not believe in excessive censorship of the chat that takes place on the Match 4 Chat Communities. It’s therefore, important that the Players understand the etiquettes and rules of the chat.

Behaviour falling in any of the below-mentioned categories may result in revocation of chat privileges of the Player and in certain cases, disqualification of Player Account from the Website. We reserve full and final authority in any such disciplinary cases that involve:

• Soliciting business, discussing businesses other than Match 4

• Discussing other Match 4/forums

• Malicious content targeted at our Website

• Malicious content targeted at any Player

• Abusive language

• Spam content

• Solicitation of money

• Sale of Coins

• Exchange of personal details

COMMUNICATION

For the purpose of security reasons, we can contact you via email, facsimile, phone or text message, to deliver certain services or information you have requested or required.