TERMS AND CONDITIONS OF USE

The website located at fancode.com and the mobile application fancode (the “Platform”) are owned and operated by the Dream11 Fantasy Private Limited (“Company”), Through the Platform, the Company provides users with information regarding the online fantasy sports games hosted by the Company, its features and activities, and offers a go-to-guide for users to obtain detailed match previews, reviews and informative articles (“Services”). The terms ‘Company’ or ‘us’ or ‘we’ refer to the owners of the Platform. The term ‘you’ refers to the user or viewer of our Platform.

By browsing, viewing, using the Platform you consent to and agree to comply with these terms and conditions of use (“Terms” or “Terms of Use”), which together with our Privacy Policy govern the Company’s relationship with you in relation to the Platform. If you disagree with any part of these Terms, please discontinue using our Platform immediately. The Company reserves the right to change or modify the Platform, the contents thereof and these Terms of Use at any time without any prior intimation to you. All modifications will be posted on the Platform and will become effective immediately upon such posting to the Platform. Please review these Terms of Use regularly to remain informed of any change.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

Registration

While you may visit the Platform without registration or subscription, some Services on the Platform may be accessible by subscription only. You may subscribe to the Services on the Platform only after registering with the Platform. The information sought at the time of registration may include your username, email address, password, date of birth and mobile number. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile phone and agree to accept responsibility for all activities that occur under your account or password. All actions performed by any person using your account and password shall be deemed to have been committed by you and you shall be liable for the same. The Company reserves the right to terminate the subscription at any time if it is found that you have been sharing the password with any unauthorised user.

Subscription

Subscription services include access to behind the pay-wall content (“Subscription Services”). A preview is available to all viewers of the Platform, but access to informative articles and exclusive features of the Platform are available to paid subscribers of the Subscription Services alone. The nature of content made available to you is subject to change, the final decision of which lies with the Company. The Company may vary the access rights of users engaged in accessing the Platform without a paid subscription at any time at the Company’s sole discretion. With respect to paid subscribers, any revision of access rights will take effect on the completion of such user’s current subscription term.

Subscription Services may differ geographically and based on the device from which you subscribe. Subscription packages and price may also vary in time. The Company reserves the right to introduce new subscription packages from time to time. These subscription packages may vary from time-based packages to non-recurring prepaid subscriptions per article/collection of articles, as and when introduced by the Company at its own discretion. The Company will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. The Company reserves the right to reject any offer in its discretion, for any or no reason.

Payment Terms

The subscription fees and any other charges due from you in connection with your subscription for any of the Subscription Services (including any applicable taxes) shall be as per the rates in effect at the time at which it is charged (“Subscription Fees”).

When you purchase a subscription with the Platform, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions, we will credit that refund to the card or other payment method you used to submit payment unless it has expired in which case we will contact you through the email address and/or mobile phone number provided by you at the time of registration.

The Company uses the services of third party payment service providers to process your payment of the Subscription Fees. Accordingly, your usage of such third party services shall be in accordance with the terms and conditions adopted and implemented by such service provider, and the Company shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such service provider or any actions taken by the Company in respect of the same. Subscription Fees will be billed at the beginning of your subscription and any renewal of your subscription. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the Subscription Fees and charges then in effect or add new fees or charges which will take effect at the end of your subscription period, by giving you notice in advance and an opportunity to cancel. If you believe someone has accessed the Platform using your account and password without your authorization, please immediately notify at helpdesk@fancode.com

Pricing

We may revise the Subscription Fees from time to time and/or across geographies. You agree to pay the fees at the rates applicable at the time and place of purchase your subscription. The term and duration of subscriptions to Subscription Services offered by the Company are listed in the schedule of Subscription Fees referenced above. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription.

If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices, then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

Subscription and access to content services fall under the purview of Goods and Services Tax as per the current taxation policy, Government of India. Taxes are applicable for consumption of content on the website and other products of the Company uniformly for customers based in India and outside the country. Unless otherwise indicated, prices stated on our website are inclusive of goods and services tax or other applicable taxes.

Term, Renewal and Cancellation

You can choose a time-based subscription or subscribe to individual articles/collection of articles, as offered by the Company as listed in the schedule of Subscription Fees referenced above.  These Terms shall remain in full force and effect while you use the Services. Your subscription will renew automatically until it is cancelled in accordance with this section. For time-based subscriptions, we will notify you of the pending renewal of your subscription at least 15 days prior to the date your subscription renews, except as otherwise required by law. You may cancel your subscription before it renews in order to avoid billing of Subscription Fees for the renewal term. For non-recurring prepaid subscriptions of individual articles/collection of articles, you will be able to unlock and access such pay-wall content only on payment of the Subscription Fees and for the subscription term as listed in the schedule of Subscription Fees referenced above.

Subscription to the Platform commences immediately on the realisation of payment of the Subscription Fees, and there can be no cancellation once the subscription is active.

With respect to recurring time-based Subscription Services subscribed by you, at least 7 days before each renewal you will be sent a reminder notice stating the rate that will apply for the renewal period. Unless you notify us before the end of your time-based subscription period that you no longer wish to receive it, your time-based subscription will renew for the same term as applicable. We will charge the subscription using the same card or other payment method that you previously used. In case of non-recurring prepaid subscriptions, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. Although you may notify us of your intention to cancel at any time. Such notice will only take effect at the end of your then current subscription period, and you will not receive a refund (except in the limited circumstances set out in these Terms). You may notify us of your wish to cancel your subscription by contacting our team at helpdesk@fancode.com. You must provide at least 5 business days advance notice for this to be implemented. The Company reserves the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish the Platform, the Platform content, the Contributed Content or cease to provide subscription Services. The Company will give you at reasonable notice of this, if possible but may, at our discretion, cease or suspend any of its obligations immediately and without prior notice, in case of any unforeseen or exigent circumstances. If we do so, then we will have no further obligation to you except for a refund of the unexpired period of your paid subscription. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

If you are a registered user, but not a subscriber, then the Company reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration, then please contact helpdesk@fancode.com

In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Platform or using the Services available on it.

Platform Content

Except as specifically provided with respect to Contributed Content, (defined below) all materials, including all documents, illustrations, statements, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) appearing on the Platform, are protected by copyrights, trademarks and other intellectual property rights that are owned by the Company or by other parties that have licensed their material to the Company. Except for the limited license granted to you herein, all Content on the Platform is solely for your personal, non-commercial use. You may not copy Content from the Platform, or otherwise modify, obscure or delete any copyright or other proprietary notices on the Platform. No right, title or interest in any materials or software, if applicable, on the Platform is transferred to you from your use of the Platform. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Platform, or any related material without the prior written authorization of the Company.

You shall not post any content or comments that are defamatory, inflammatory, obscene, derogatory, or in any manner illegal. Any indulgence in personal attacks, name calling or inciting hatred against any community shall be taken down immediately when brought to our notice. You shall at all times comply with our platform standard terms and conditions and applicable laws. We reserves the right to take down any content or comment if it does not comply with the terms and conditions, and/or applicable law. You shall note that ours is merely an intermediary platform which provides the technology/platform for making comments, posting content and related interactions. It neither monitors, nor controls the comments and content posted by users. If any content or comment violates your rights in any manner or is not in compliance with policy, terms, guidelines, or the law, you may send us a takedown request by *sending an email to _____________* with the subject comment/content grievance.

We neither endorse nor takes any responsibility or liability for any comments or content posted on our App or platform. All express/implied liability is expressly disclaimed.

Contributed Content

The Platform may contain views/ideas/opinions (“Contributed Content”) expressed by independent authors/contributors/users/posters on various topics. Such views/ideas/opinions are solely those of the authors/contributors/users/posters and not endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the views/ideas/opinions expressed by such authors/contributors/users/posters in any section of the Platform. Further, the accuracy of such statements has not been verified by the Company and the Company provides no warranties of the same. If you seek to rely on any representation of information contained on the Platform, any such reliance shall be at your own risk. Additionally, you agree that any Contributed Content by you, may be used by the Company, including for creation of user profiles, that will include such Contributed Content, consistent with the Privacy Policy and Terms of Use as mentioned herein and you are not entitled to any payment or other compensation for such use.

In using the Platform, you agree not to (a) upload, download, post, email, or otherwise transmit any Contributed Content that is or may be construed to be (i) unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libellous, tortious, hateful; (ii) racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable; or (iii) invasive of any individual’s rights including but not limited to rights of celebrity, privacy and intellectual property; (b) impersonate any individual or entity or falsely state or otherwise misrepresent your affiliation with any individual or entity; (c) upload, download, post, email or otherwise transmit any Contributed Content that infringes any patent, trademark, trade secret, copyright or other intellectual, proprietary right, privacy right or other right of any party; (d) upload, download, post, email or otherwise transmit any Contributed Content that may be or contain anything which is technically harmful (including, without limitation, a computer virus, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); (e) upload, download, post, email or otherwise transmit any Contributed Content that facilitates or promotes illegal activity; (f) upload, download, post, email or otherwise transmit any User Content that is contributed for commercial gain; and (g) disrupt or interfere with any other user’s enjoyment of the Website.

Warranty and Liability Disclaimer

The Platform and the Content herein is provided by the Company in good faith on an “as is”, “as available” basis. the Company does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Platform. Further, the Company makes no representations or warranties of any kind, express or implied, as to the operation of the Platform, the information, the Content or materials herein or hereon. To the extent as permitted under applicable law, the Company disclaims all responsibility (whether direct, indirect, consequential or otherwise) with respect to the accuracy or otherwise of the information, Content or materials arising from the use of the Platform. Without prejudice to the foregoing paragraph, the Company does not warrant that:

The Platform will be constantly available, or available at all; or the information on the Platform is complete, true, accurate or not misleading; or the quality of any information, or other material that you obtain through the Platform will meet your expectations.

The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of any content, software, text, graphics and links. The Company does not warrant that the Platform; information, Content or materials included on or otherwise made available to you through the Platform; the servers hosting the Platform; or electronic communication sent from the Company are free of viruses or other harmful components. The Company utilises safeguards and industry best practices to protect the Platform from hackers, sniffers and malicious modification tools, however, it does not warrant that the Platform shall be completely safe from such attacks at any period of time. Nothing on the Platform constitutes, or is meant to constitute, advice of any kind.

Third Party Links

Please note that the Platform may contain links provided by third parties. Any website or information accessed by or as a result of following such third-party links is at your sole risk. The content viewed through any third-party links is not endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the content provided through such third-party links. Further, the accuracy of the content provided through third party links has not been verified by the Company and we provide no warranties with respect to the same. Any information collected on websites visited through such third-party links is subject to the privacy policies of such third-party websites.

Accuracy of Information

The information presented on the Platform has been compiled by the Company from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. The Platform may contain typographical errors and incomplete or out of date information. The Company reserves the right to make changes or modifications to the Content and information on the Platform in order to meet the Company standards and regulations or update such information at any time without notice, but the Company makes no commitment to correct or update this information. If you seek to rely on any representation of information contained on the Platform, any such reliance shall be at your own risk.

Restriction on Age

Users of the Platform are generally required to be of 18 years of age and above. Any user below 18 years of age will be required to seek permission or consent from their parents or legal guardians before furnishing data and registering on the Platform, or inter alia, using the Platform, or being a part, directly or indirectly, of any activity on the Platform. Using the Platform without consent from parent/s or legal guardian and consequent participation in any activity on the Platform is not permitted and such person is subject to disqualification at the sole and absolute discretion of the Company, whenever it comes to the knowledge of the Company.

Waivers

You hereby waive any rights, whether existing or acquired in future, that are attributable to you under any applicable law, including (without limitation) any law, regulation or order concerned with privacy or personality rights, in relation to the matters contemplated herein, without any claim for compensation.

Indemnification

You represent, warrant and covenant (a) that you will fulfil your obligations hereunder these Terms in good faith; (b) that no materials of any kind provided by you will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain defamatory or otherwise unlawful material. You hereby indemnify, defend and hold harmless the Company and all of the Company’s officers, directors, owners, agents, information providers, affiliates, licensors, licensees and third-party service providers (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Termination

The Company may immediately, without notice, deny you access to the Platform if, in the Company’s opinion, you fail to comply with any or all of the Terms set forth herein.

Ownership of Intellectual Property

All trademarks, service marks and trade names on this website, are proprietary to the Company or their respective owners. No use of any of these may be made for any purpose whatsoever without the prior written authorization of the Company or the relevant owners.

Infringement of Copyright

In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on the Platform, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: helpdesk@fancode.com A clear identification of the copyrighted work allegedly infringed; A clear identification of the allegedly infringing material on the Platform (with specific URL reference); Your contact details: name, address, email address and phone number; A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law; A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; Your signature or a signature of your authorized agent.

Applicable Law

This Platform, including the Content and information contained herein, shall be governed by the laws of the Republic of India and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern any disclaimers, legal notices, privacy policies of this website, and any transactions completed using this Platform. Assignment You may not assign your rights and obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Platform.