This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms govern your use of this Application; by using this Application, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Application.
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
- "Account" means an account you create when you access the Services.
- "Gift(s)" means one or more of the products, services or contributions chosen by the user(s) and/or as specified on the Application.
- "Feature Terms" means any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that We may publish which apply to your use of those specific services and state they are part of these Terms.
- "Offers" means special programs, including offers, excursions, and special gifts, both digital and tactile, that Company may offer from time to time to certain eligible players.
- "Services" refers to products, games, services, content, luckystarsapp.com and/or the other domains provided by Company
- "Virtual Items" means (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service and (b) virtual in-game items.
RIGHT TO CHANGE:
Wereserve the right to discontinue or change any service or feature on theApplication at any time and without notice.
You may use the Application for lawful purposes only. You may not submit or transmit through the Application any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including the Company and its employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- You may not use theApplicationin any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of Application. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
You may not use theApplication or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use theApplication to violate the terms of this section. We may terminate your access or use of theApplicationimmediately and take any other legal action if you, or anyone using your access to theApplication violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
LICENSE TO USE
- We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video, etc. ("Content") on theApplication own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on theApplication are our trademarks.
- This Application contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphicsandits reproduction is prohibited.
- Unless otherwise stated, the Companyand/or its licensors own the intellectual property rights in the Application and material on the Application. Subject to the license below, all these intellectual property rights are reserved.You may view, download for caching purposes only, and print pages from the Application for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
- Access to and use of the Application is absolutely free without any hidden or additional costs, applicable at all times whether now or in the future.
- Access to, and use of your user Account is strictly limited to you as the registered and authorized user. Accordingly, you should not share your username and password with anyone. Prior to making a purchase, you must check a box certifying that you (1) are the registered and authorized user of your user Account, (2) are at least 18 years old, and (3) are completing a purchase from a location within the geographical boundaries of India. Failure to comply with any of these requirements will result in forfeiture of all winnings.
- You must not:
- republish material from this Application (including republication on another website);
- sell, rent or sub-license material from the Application;
- show any material from the Application in public;
- reproduce, duplicate, copy or otherwise exploit material on this Application for a commercial purpose;re-distribute material from this Application except for content specifically and expressly made available for redistribution;
- Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
- Any such use of the Application and/or its material, otherwise which shall be opposed by us.
- On request of registration information from you to set up a user Account, you must provide us with accurate and complete information and must update the information when it changes.
- By using the Application, you represent that you are at least 18 (eighteen) years of age. Persons younger than 18 (eighteen) years of age are strictly prohibited from using the Application. In addition, to obtain a user Account, you must provide a current valid Indian address when you register. If you are not at least 18 years of age with a current, valid Indian address, do not register for a user Account.
- You are responsible for maintaining the confidentiality of your user Account login names and passwords, and must not permit use of your Account by anyone.. You accept responsibility for all activities, charges, and damages that occur under your Account, including unauthorized use of your Account. If you have reason to believe that someone is using your Account without your permission, you should contact us immediately. Weare not responsible for any loss or damage resulting from unauthorized use.You are solely responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example, credit card, PayPal or social network or platform virtual currency).
- Sweepstakes, contests, and promotions on the Application may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc. You are responsible for complying with these rules and requirements.
- The user or viewer must have an android/IOS supported mobile device with wi-fi, 3G/4G connectivity for using or viewing the Application.
- The user or viewer shall bear all data charges for the use or view of the Application as charged by their respective network carrier/s.
- You are not allowed to transfer Virtual Items outside of the Service (i.e., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and We may terminate your Account because of it.
- You acknowledge that Company is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an Account is closed, whether such closure was voluntary or involuntary, or whether you made a payment through luckystarsapp.com or another platform such as apple, google, facebook, or any other sites or platforms where we offer our Services.
- Further, the Virtual Items, in specific Stars, i.e. stars earned and/or already purchased by the user can be used to redeem in the form of products, services, gift vouchers, recharges and such other offers as provided by the Company. Such redemption is subject to applicable taxes.We reserve the right to refuse, limit or block any offer to purchase, obtain or otherwise access our Services for any reason.
- You acknowledge that the Virtual Items, in specific Coins, can also be purchased for an amount of currency, i.e. real money. You agree that only Coins shall be used for participating in the contests, bids, or such other skill-based games on the Application.
- In addition, from time to time, We may promote Offers. We are not required to give, and users are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before You accept the offer. If you accept an Offer you also assume all liability associated with the Offer. We reserve the right to refuse, limit or block any offer to purchase, obtain or otherwise access our Services for any reason.
- The Company does not authorise any agents, representatives or persons to provide the Services for and on behalf of Us. Kindly refrain from dealing with such unauthorised persons.
- The Gift(s) cannot be substituted for any other product, cash or credit.
- Each selected winner is limited to a maximum of one (1) Gift only. Gifts redeemed are non-refundable and non-exchangeable. For the avoidance of doubt, the Company retains the sole and absolute discretion to change and/or substitute the Gift with another item of a comparable or similar value, with or without prior notice to the selected winner. Only one Giftper address for the duration of the offer as mentioned on the Application.
- The Gift(s) will be dispatched and deliveredwithin seventy two (72) hours at the location specified by user.
- The Company is not an agent of the merchants supplying the Gifts. The Company makes no representation or warranty as to the quality, condition or performance of the Gifts and assumes no liability or responsibility for the acts or omissions of the relevant merchants or any non-performance or defects in the Gifts. Any dispute about the quality, condition or performance of the Gifts is to be resolved directly between the users and the relevant merchants and the Company will not entertain any correspondence on the same.
- The Company hereby declares that all gifts like cars and motor vehicle, etc. are subject to ex-showroom price inclusive of GST and do not include delivery charges, RTO charges and any other local taxes. Any charges including delivery charges, RTO charges and/or all local taxes, if any applicable, shall be paid by the selected winner of such Gift(s)
- Other a. product designs and brand names and logos mentioned above are intellectual properties of their respective companies. The images used are for illustration purpose only. We do not intend to harm the design, logo or brand value of other product and company.
- We reserve the right to refuse, limit or block any offer to purchase, obtain or otherwise access our Services for any reason.
- Our service is limited to the choice of products placed on auction. Our Service includes monitoring the regular execution of sales based on a blind lowest unique bid auction system and monitoring that the product auctioned is delivered to the winner.
- Bids are available to be used at your discretion for our provided Services.
- The amount of bids deducted from your Account, details of the same can be accessed on the Application and will vary according to the product. By registering as a user and subsequently want to receive the Services, you agree and accept that any payment you make to Us is made exclusively to guarantee your continued use of the Service.
- You agree that the information service offered by Us for each bid is an additional service offered by Us for which no payment, but only the use of bids, is required. The user shall be solely responsible for any type of management of his/her Account.
- Participants may bid on any number of the on-going items until the auction closes. Auction shall close only when the time frame for an auctioned item hits zero. We reserve the right to modify the time frame of the bid at any time without prior intimation.
- Bids can be placed using Virtual Items to enter the bid. The minimum amount of Virtual Items required to enter the bid is subject to the discretion of the Company. The auction item containing the lowest unique bid amount at the end of an auction is sold to the user who has placed that bid and for the price of that lowest unique bid at the end of the auction.
- The incoming bids shall only be considered as valid once they are registered with our Website. The incoming bids can be viewed in your Account history. However, there may be connection problems resulting in a delay between the time taken to submit the bid by the bidder and the time taken to be received by our Website In this case the Company shall not be held accountable and/or liable for any changes in the situation caused/occurred in terms of winning an auction for a registered bidder.
- The user who at the end of the auction has placed the lowest unique bid shall be declared the winner of the concerned auction. The lowest unique bid refers to the act of placing the lowest bid along with being the only one to place the bid in question. The Company continuously identifies the lowest unique bid and keeps the relevant users informed about the status of their bid and other relations to this bid, subject to the limitation of liability as stated above. If the Company identifies in an extremely rare case that no bid placed by any bidder is unique, then the Company shall identify the lowest bid first placed on an item containing two (2) bids. There shall always be one winner of the auction.
- Each auction shall have a start and end date which is clear by the countdown clock at the top of our product auction page on the Application. Each auction’s duration shall be specific to that auction and shall be under the decision and discretion ofOur team.
- The Company shall notify the winner through an email, as defined above under clause 9.h and sends an invoice covering the winning bid and the shipping costs (if any). The invoice has to be paid within seventy two (72) hours after the receiving of such invoice. If the invoice is not paid within the allotted time, the winner of the auction shall lose the opportunity to purchase and/or convert and/or earn cash for the auctioned item. Auction winners are responsible for inspecting all products immediately upon delivery and reporting any problems to the Company within fifteen (15) days after the date of delivery.
- Once the payment has been made by the user of the Application platform, no user shall be permitted to cancel the same.
- The Company reserves the right to contact the winner after the end of an auction cycle and publish information about the winner. All winners of items are obligated to submit a picture and name to the Company for publication in order to provide its users and the public with transparency in regards to auction winners.
- The Company hereby declares that all prizes like cars and motor vehicle, etc. are subject to ex-showroom price inclusive of GST and do not include delivery charges,RTO charges and any other local taxes. Any charges including delivery charges, RTO charges and/or all local taxes, if any applicable, shall be paid by the winner of the lowest unique bid auction and/or shall be the sole responsibility of the winner of the auction.
- The prize(s) will be dispatched and delivered within seventy two (72) hours from the receipt of the payment at the location specified by winning user.
- The Company is not an agent of the merchants supplying the prizes. The Company makes no representation or warranty as to the quality, condition or performance of the products listed on auction and assumes no liability or responsibility for the acts or omissions of the relevant merchants or any non-performance or defects in the products listed on auction. Any dispute about the quality, condition or performance of the products listed on auction, if any is to be resolved directly between the users and the relevant merchants and the Company will not entertain any correspondence on the same.
- Other product designs and brand names and logos mentioned above are intellectual properties of their respective companies. The images used are for illustration purpose only. We do not intend to harm the design, logo or brand value of other product and company.
- We reserve the right to refuse, limit or block any offer to purchase, obtain or otherwise access our Services for any reason.
- Any transaction both effected and completed through the Application including but not limited to the contract of purchase and sale between the Company and subscriberwill apply to such Terms.
- A transaction can only be deemed to have completed once the following condition has been met:
- The Company has been paid in full for their services and can confirm this by providing evidence of cleared funds from the concernedsubscriber in their bank account.
- Unless otherwise stated, all payments are quoted in Indian Rupees. You are responsible for paying all fees as well as all applicable taxes including but not limited to gift tax for using the services of the Application.
- You acknowledge that we:
- are not the owner of the items being gifted and/or displayed and/or sold through the Application;
- are not responsible in any way if any items displayed and subsequently gifted and/or sold via this Application prove unsatisfactory.
- do not have any representatives or agents for the said Application.
- Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the pre-set limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
- We reserve the right to cancel any order at Company’s sole discretion, under a situation where we are not able to meet the requirement for any other reason. However, we will ensure that any communication of cancellation is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
The Company appointed logistics partner shall provide various services such as collection and delivery of items, collection of the transaction price from the buyer in case of cash on delivery or such other services that the Company may require. In such services being provided by the logistics partner, it is to be understood that the Company shall be not be held liable for any act of default by the respective logistics partner.
WEBSITE SECURITY RULES:
PUBLIC ACCESSIBLE CONTENT:
- Users are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
- This Application is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are not allowed to use, access, or register as a user on this Application.
- You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Application. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Application.
Certain areas of theApplication may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on theApplication that you created or that you have permission to post. You may not post Content that violates the Terms. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of theApplication, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
You agree that we are not liable for the Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on theApplicationin a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.
Application may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Application are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Application from another Application or document without the Company’sprior written consent.
DISCLAIMER OF WARRANTIES:
LIMITATION OF LIABILITY:
- We provide the Application “as is” and “as available.” We make no express warranties or guarantees about the Application. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that theApplication and all software, Content,services and products distributed through theApplication are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
- Without prejudice to the generality of the foregoing paragraph, we does not warrant that:
- this Application will be constantly available, or available at all; or
- the information on this Application is complete, true, accurate or non-misleading
- Nothing on this Application constitutes, or is meant to constitute, advice of any kind.
Your sole and exclusive remedy for any dispute with us is to discontinue your use of theApplication. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of theApplicationis limited to the amount of charges/fees, if any, paid by you to the Company for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Application, services provided by the logistics partner, services provided through the payment gateway on the Applicationor any other services of the Application arising from your use of, inability to use, or reliance upon Application. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Application or that the operation of the Applicationwill be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Application. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of theApplication.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney's fees, and penalties imposed, if any, that arise from your use or misuse of theApplication, breach of the Terms including rules and policies incorporated herein under any applicable law.
We make no representation that the Content on theApplication is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access theApplication from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
a. Without prejudice to the Company’sother rights under theTerms, if you breach these Terms in any way, wemay take such action as wedeem appropriate to deal with the breach, including suspending your access to the Application, prohibiting you from accessing the Application, blocking computers using your Internet Protocol address from accessing the Application, contacting your internet service provider to request that they block your access to the Application and/or bringing court proceedings against you.
b. Further, it is clarified that unauthorised use of this Application may give rise to a claim for damages and/or be a criminal offence.
This contract and any supplemental terms, policies, rules and guidelines posted on Application constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your right to use theApplication automatically terminates if you violate these Terms or any rules or guidelines posted in connection with theApplication.We also reserve the right, in our sole discretion, to terminate your access to all or part of theApplication, for any reason, with or without notice.
GOVERNING LAW AND JURISDICTION:
- These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.
- Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
- If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- No changes to these Terms shall be made except by a revised posting on this page.
- User from the states of Telangana, Odisha and Assam kindly do not participate in the game, as under the State laws, you are not eligible for the playing as well as gratification.
If you do not agree to these Terms, you should immediately stop using the Application. If you want to delete your Account on the Application, please use contact instructions posted on the Application at which you obtained the Account.
The term ‘IMT Pvt. Ltd’,‘Company’, ‘us’ or ‘we’ refers to the owner of the Application, i.e. LuckyStars available for download on the Google playstore at https://play.google.com /store/apps/details? id=in.interactive.luckystars and Apple iTunes at https://itunes.apple.com/us/app/lucky-stars-win-free-gifts /id1138866631?mt=8.
The Company does not endorse any vendor or other party that a user found on the Application.
The Company does not warrant that the Application will operate error-free or that the Application and its servers are free of computer viruses or other harmful mechanisms. If your use of the Application or the goods or the services or the materials displayed on the Application result in the need for servicing or replacement or such other services, the Company is not responsible for those costs.
The Application and itsservices are provided on an "as is" basis without any warranties of any kind. The Company to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the works, services, software, text, graphics, goods and links on the Application.
In no event shall the Company, its suppliers, or any third parties mentioned on the Application be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Application and the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
The Company states that the contests held on the Application are games of skill as success of the users depends primarily on their superior knowledge of the general knowledge quizzes, games of cricket and/or football and/or kabaddi statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the contest(s) and adroitness in playing the contest(s). The contest(s) also requires the users to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
By participating in the contest(s), each user acknowledges and agrees that he/she is participating in a game of skill.