Skilsta is the flagship brand of Snorlex Private Limited ("Skilsta"). Through Skilsta, along with its sub-pages, and the Skilsta App, Skilsta operates one single portal through which it offers cricket based online fantasy games. Skilsta as used herein shall be construed as a collective reference to Skilsta and the Skilsta App.
2. Usage of Skilsta
Certain Skilsta Services being provided on Skilsta may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
Skilsta may, at its sole and absolute discretion:
In the event any User breaches, or Skilsta reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Skilsta or the Skilsta Services, Skilsta may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of Skilsta Contests or the Skilsta Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Skilsta and further, take technical and legal steps as it deems necessary.
If Skilsta charges its Users a platform fee in respect of any Skilsta Services, Skilsta shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Skilsta Services on account of any negligence or deficiency on the part of Skilsta, but not if such suspension or removal is effected due to:
Users consent to receiving communications such as announcements, administrative messages and advertisements from Skilsta or any of its partners, licensors or associates.
3. Intellectual Property
Skilsta includes a combination of content created by Skilsta, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Skilsta and the Skilsta Platform and material published on Skilsta, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Skilsta, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Skilsta either in whole or in part without express written license from Skilsta.
Users may request permission to use any Skilsta content by writing in to Skilsta Helpdesk.
Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Skilsta ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes 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 Skilsta. Users agree to indemnify and hold harmless Skilsta, Snorlex Private Limited, 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 Skilsta, by such User or through the User's commissions or omissions.
Users hereby grant to Skilsta 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:
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Skilsta(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 Skilsta.
4. Third Party Sites, Services and Products
Skilsta may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Skilsta does not exercise control over any Internet sites apart from Skilsta and cannot be held responsible for any content residing in any third-party Internet site. Skilsta's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Skilsta of such third-party Internet site.
Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Skilsta will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
Skilsta contains content that is created by Skilsta as well as content provided by third parties. Skilsta does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Skilsta Services provided on Skilsta including while participating in any of the contests hosted on Skilsta.
6. User Conduct
Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Skilsta). Users further agree to update and keep updated their registration information.
A User shall not register or operate more than one User account with Skilsta.
Users agree to ensure that they can receive all communication from Skilsta by marking e-mails or sending SMSs from Skilsta as part of their "safe senders" list. Skilsta shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk, spam or any other folder.
Any password issued by Skilsta to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Skilsta of any unauthorized use of their passwords or accounts or any other breach of security.
Users agree to exit/log-out of their accounts at the end of each session. Skilsta shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Skilsta Services and/or Skilsta 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 Skilsta or Skilsta’s Services.
Users agree that without Skilsta's express written consent, they shall not modify or cause to be modified any files or software that are part of Skilsta's Services.
Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support Skilsta or the Skilsta’s Services (each a "Server"); or (2) the enjoyment of Skilsta Services by any other User or person.
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 Skilsta Services or any other person's use or enjoyment of Skilsta Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Skilsta Services by any means other than the User interface provided by Skilsta, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Skilsta Services.
Without limiting the foregoing, Users agree not to use Skilsta for any of the following:
If a User chooses a username that, in Skilsta's considered opinion is obscene, indecent, abusive or that might subject Skilsta to public disparagement or scorn, Skilsta reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from Skilsta, deny such User access to Skilsta, or any combination of these options.
Unauthorized access to Skilsta is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Skilsta by any means other than through the interface that is provided by Skilsta for use in accessing Skilsta. 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 Skilsta is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Skilsta's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Skilsta.
Users may reach out to Skilsta through -
Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the Skilsta Platform. The Users will have to disclose their real age at the time of getting access into the Skilsta Platform.
Skilsta may not be held responsible for any content contributed by Users on the Skilsta.
7. Conditions of Participation:
By entering a Contest, user agrees to be bound by these Terms and the decisions of Skilsta. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
It is clarified that in case a User is found to be in violation of this policy, Skilsta reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
In order to register for the Contest(s), Participants are required to accurately provide the following information:
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha or Telangana, such Participant is not allowed to proceed to sign up for any match in the paid version of the Contest as described below.
Once the Participants have entered the above information, and clicked on the "register" tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
9. Contest(s), Participation and Prizes
As part of its services, Skilsta may make available the contest(s) on the Skilsta platform.
Currently, only fantasy cricket game contests are made available on Skilsta platform. Individual users wishing to participate in such contest ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life cricketers (as applicable) involved in the real-life cricket match (as applicable), series or tournament (each a "Sport Event") to which the fantasy game relates. Skilsta offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams. Teams are awarded points on the basis of the real life cricketers' (as applicable) performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners ("Winners"). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team's aggregate score at the end of the designated match(s) of the Contests.
The Contest(s) across the Skilsta Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
Currently, there are paid versions of the Contest(s) made available on Skilsta platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing Skilsta services and pre-determined participant's contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.
A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the Skilsta Services. However, unless Skilsta specifies otherwise in relation to any Contest ("Multiple Entry Contest"), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that Skilsta may, from time to time, restrict the maximum number of Teams that may be created by a single User account (for each format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by Skilsta in its sole discretion.
Participant shall pay a pre-designated amount for participating in the contest(s) being created on the Skilsta platform.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha or Telangana, such Participant is not allowed to proceed to participate in any paid version of the Contest(s).
A participant who participates in any of the Contest (s) shall create their own fantasy sports team before the deadline for the respective match. Announcement of the team line up before or after the deadline of the match shall not have any effect on the deadline of the Contest(s). The Contest(s) shall be conducted and results will be declared irrespective of the time of announcement of team line up. There are no limits as to the number of times a Participants can make changes to their team/teams before the deadline. The Participant shall not be allowed to make any further edits to their respective Teams post deadline of the match.
10. Contest Formats
Currently two formats of contest(s) are made available on Skilsta platform (1) Public Contest where Users can participate in a Contest with other Users without any restriction on participation and (2) private contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. A user can enter into a maximum of 500 contest (including both Public contests and Private contests) per match. Any participation in a contest more than 500 shall be automatically prohibited. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s).
11. Legality of Game of Skill
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The Contest(s) described above (across the Skilsta Services) are games of skill as success of Participants depends primarily on their superior knowledge of the game of cricket, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20, etc. in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
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.
Skilsta 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 or Telangana may not participate in the paid version of the Contest as the laws of these states 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.
Only those Participants who have successfully registered on the Skilsta 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.
13. Payment Terms
In respect of any transactions entered into on the Skilsta platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
14. Tabulation of fantasy points
Skilsta may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s). In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider comes to its attention, Skilsta shall use best efforts to rectify such error prior to the distribution of prizes. However, Skilsta hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against Skilsta in this respect.
15. Selection and Verification of Winners and Conditions relating to the Prizes
Selection of Winners
Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winner(s). In certain pre-specified Contests, Skilsta may declare more than one Winner and distribute prizes to such Winners in increasing order of their Team's aggregate score at the end of the designated match of the Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest.
Participants creating Teams on behalf of any other Participant or person shall be disqualified.
In the event of a tie, the winning Participants shall be declared Winners and the prize shall be equally divided among such Participants.
Skilsta shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the Skilsta, Contest, "Fantasy Rules", etc.
Winners shall be contacted by Skilsta or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
Skilsta shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Skilsta. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate. In the event of any doubt of documents provided by the User, Skilsta may ask the User to provide the verified and attested copies of these documents either by a practicing Chartered Accountant, Company Secretary, Bank Manager, Gazette Officer or by any other authority valued and verified in India.
Participants are required to provide proper and complete details at the time of registration. Skilsta shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.
In the event that a Participant has been declared a Winner but has not received any communication from Skilsta, such Participant may contact Skilsta within the time specified.
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by Skilsta shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Skilsta shall not entertain any claims or requests for extension of time for submission of documents.
Skilsta shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following matches:
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Skilsta in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
The decision of Skilsta with respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Assam, Odisha or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, Skilsta shall disqualify such Participant and forfeit any prize won by such Participant. Further Skilsta may, at its sole and absolute discretion, suspend or terminate such Participant's account with Skilsta. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with Skilsta, subject to the processing fee (if any) applicable on such transfers as set out herein.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Skilsta shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Skilsta may, at its sole and absolute discretion, suspend or terminate such Participant's account.
To the extent permitted by law, Skilsta makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
Skilsta may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Skilsta or question its right to modify such prizes being offered, prior to closure of the Contest.
Skilsta will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Skilsta shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
The Winners shall bear all transaction charges levied for delivery of cash prizes.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
Acceptance of a prize by the Winner constitutes permission for Skilsta, and its affiliates to use the Winner's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.
The Winners further undertake that they will be available for promotional purposes as planned and desired by Skilsta without any charge. The exact dates remain the sole discretion of Skilsta. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
17. General Conditions
If it comes to the notice of Skilsta that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Skilsta that conduct of any such Contest(s) is prohibited, then Skilsta shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest, or contest it in any manner.
Employees, directors, affiliates, relatives and family members of Skilsta, will not be eligible to participate in any Contest(s).
18. Dispute and Dispute Resolution
The courts of competent jurisdiction at Gautam Buddh Nagar, Uttar Pradesh shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Skilsta Services provided by Skilsta (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Skilsta, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Gautam Buddh Nagar, Uttar Pradesh, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent Skilsta from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Skilsta's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Skilsta to pursue any remedy for monetary damages through the arbitration described herein.
19. Release and Limitations of Liability
Users shall access the Skilsta Services provided on Skilsta voluntarily and at their own risk. Skilsta shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Skilsta Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the Skilsta Services provided therein, Users hereby release from and agree to indemnify Skilsta, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Skilsta Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
Skilsta accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to their access of Skilsta Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Skilsta Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Skilsta and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Skilsta on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Skilsta harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Skilsta or participation in any Contest. In no event shall Skilsta be liable to any User for acts or omissions arising out of or related to User's engagement with the Skilsta or his/her participation in any Contest(s).
In consideration of Skilsta allowing Users to access the Skilsta Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Skilsta, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Skilsta Services or related to the Contests or the prizes of the Contests.
To the extent permitted under law, neither Skilsta nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, Skilsta shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Skilsta services or sites, cancellation of competition and prizes. Skilsta disclaims any responsibility for, and if a User pays for access to one of Skilsta's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Skilsta's maintenance on the servers or the technology that underlies our sites, failures of Skilsta's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Skilsta does not provide any warranty as to the content on the Skilsta(s). Skilsta(s) content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through Skilsta is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
Skilsta shall make best endeavors to ensure that the Skilsta(s) is error-free and secure, however, neither Skilsta nor any of its partners, licensors or associates makes any warranty that:
the Skilsta(s) will meet Users' requirements,
Skilsta(s) will be uninterrupted, timely, secure, or error free
the results that may be obtained from the use of Skilsta(s) will be accurate or reliable; and
the quality of any products, Skilsta Services, information, or other material that Users purchase or obtain through skilsta.com(s) will meet Users' expectations.
In case Skilsta discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Skilsta reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Skilsta agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
To the extent permitted under law, neither Skilsta nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Skilsta Services, events or Contest(s) being hosted or provided, or intended to be hosted on Skilsta platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Skilsta Services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
Skilsta may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Skilsta posting them on the Skilsta or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Skilsta. If they do not provide Skilsta with accurate information, Skilsta cannot be held liable for failure to notify the User.
Skilsta shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Skilsta's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any cricket/football/basketball/kabaddi match to which a Contest relates. In such circumstances, Skilsta shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
Skilsta's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Skilsta or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Skilsta Gaming Private Limited and govern your use of the Skilsta, superseding any prior agreements that any User may have with Skilsta Gaming Private Limited.
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
Skilsta reserves the right to moderate, restrict or ban the use of the Skilsta, specifically to any User, or generally, in accordance with Skilsta's policy/policies from time to time, at its sole and absolute discretion and without any notice.
Skilsta may, at its sole and absolute discretion, permanently close or temporarily suspend any Skilsta Services (including any Contest(s)).
22. Standard Terms and Conditions of "Invite Friends" program.
The Skilsta Invite Friends Program lets you invite friends to join Skilsta (“Program”). In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you and your friend can earn a Contest Coupon from Skilsta (“Coupon”), which will be redeemable to join coupon contests and contests through the version of Skilsta’s mobile application for the iOS and/or Android mobile devices (“Skilsta Application” or “Application”). To participate in the Program, please note our terms and conditions (“Terms”) in this respect, as they govern your participation in the Program: