Terms & Conditions

Introduction

Your use of the products and/or services on the Portal (hereinafter referred to as “Services”) currently offered or to be offered in future by Benz247 TEAM , its subsidiaries, affiliates, licensors, associates and partners (hereinafter referred as “Benz247”) and the Benz247 (hereinafter referred as “App” or “Apps”), are all subject to and governed by these Terms of Service, Privacy Policy, Help and Bring-A-Friend sections collective or respectively for each Website including the sub-sections of these sections on the App, as the case may be (hereinafter referred as “Terms”).

You understand that the Terms will be binding on you. You agree that Services offered on the Portal can be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by Benz247.

If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi – judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches. If a promotion, game, event, competition or tournament is organized by us on a Portal, it shall be governed by the Terms and any supplementary terms and conditions which may be specifically applied for that promotion, game, event, competition or tournament.

BEFORE REGISTERING WITH US, YOU SHOULD CAREFULLY READ AND REVIEW THESE TERMS PROVIDED ON Benz247 SITE WHICH ARE APPLICABLE TO ALL SERVICES ON THE PORTAL AND ALSO THE PRODUCT-SPECIFIC CONDITIONS AND RULES APPLICABLE TO SPECIFIC OFFERINGS.

Links to the following sections of these Terms are provided below for easy access to the sections you intend to refer to. However, you should read all Terms as you will be bound by them all. Click on any of the following link to access that section directly.

1. Legality

Outside India or from the States of Assam, Odisha, Telangana, Andhra Pradesh, Nagaland and Sikkim in India can not use the Benz247 App.

2. User representations

Any information provided by you to us, whether at the stage of registration or during anytime subsequently, should be complete and truthful.

You represent that you are 18 years of age or older to participate in any Games and are also otherwise competent to enter into transactions with other users and us. You are aware that participation in the Games organized by us (“Activity”) may result in financial loss to you. With full knowledge of the facts and circumstances surrounding this Activity, you are voluntarily participating in the Activity and assume all responsibili ty for and risk resulting from your participation, including all risk of financial loss. You agree to indemnify and hold us, our employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity.

You understand and accept that your participation in a Game available on the Portal does not create any obligation on us to give you a prize.

You understand and accept that we reserve the right to record any and all user content produced by way of but not limited to chat messages on the Portal through our feature, through the in-game chat facility or other interactive features, if any, offered as part of the Services.

You understand that the funds in your user account held by us do not carry any interest or return.

You shall not hold us responsible for not being able to play any Game for which you may be eligible to participate. This includes but is not limited to situations where you are unable to log into your user account as your user account may be pending validation or you may be suspected or established violation of any of the Terms.

You understand and accept that by viewing or using the Portal or availing of any Services, or using communication features on the Portal, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you.

You represent that you are not a politically exposed person.

You represent that you have not been convicted for any crime.

You represent that you are not on the UN Sanctions List or work for a company that is on the UN Sanctions list.

4. User Account Creation & Operation

To use our Services, you will need to register with us on the Portal.

By completing the online registration process on the Portal, you confirm your acceptance of the Terms.

By registering on our Portal, you agree to receive all communication from us including promotional messages relating to Tournaments & Bonus through SMS, voice call, Email and Push Notifications. You may withdraw your consent by sending an email to support@Benz247.co.in as the case may be.

During the registration process, you will be required to choose a login name and a password in addition to providing some other information which may not be mandatory. You must give us the correct details in all fields requiring your personal information, including, without limitation, your name, postal address, email address, telephone number(s) etc. You undertake that you will update this information and keep it current.

You acknowledge that we may, at any time, required to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration in the App.

Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.

You understand that it is your responsibility to protect the information you provide in the App including but not limited to your Username, Password, Email address, Contact Details and Mobile number. We will not ask for your user account login password which is only to be entered at the time of login. At no other time should you provide your user account information to any user logged in elsewhere. You undertake that you will not allow / login and then allow, any other person to play from your user account using your username. You specifically understand and agree that we will not incur any liability for information provided by you to anyone which may result in your user account in the App being exposed or misused by any other person.

You agree to use your user account with us, solely for the purpose of playing in the App.

You understand and agree that you cannot transfer any sum from your user account with us to the account of another registered user on the Portal except as may be permitted by us and is subject to restrictions and conditions as may be prescribed.

5. User Account validation and personal information verification

Benz247 may from time to time attempt to validate its players’ user accounts. These attempts may be made via a phone call or via email. In the event that we are not able to get in touch with you the first time around, we will make additional attempts to establish contact with you. If the phone number and email provided by you is not correct, we bear no responsibility for the Services being interrupted due to our being unable to establish contact with you.

If we are unable to reach you or if the validation is unsuccessful, we reserve the right to disallow you from logging into the Portal or reduce your play limits until we are able to satisfactorily validate your user account. We will in such events email you to notify you of the next steps regarding user account validation. We may also ask you for proof of identification and proof of address from time to time.

Upon receipt of suitable documents, we will try our best to enable your user account at the earliest. However, it may take a few business days to reinstate your user account.

In the event that we have made several attempts to reach out to you but have been unable to do so, we also reserve the right to permanently suspend your user account and refund the amount, if any, in your user account to the financial instrument through which the payment was made to your user account or by cheque to the address provided by you. In the event the address provided by you is incorrect, We will not make any additional attempts for delivery of the cheque unless a correct address is provided by you and charges for redelivery as prescribed by us are paid by you.

The Privacy Policy of our Portal form a part of the Terms. All personal information which is of such nature that requires protection from unauthorized dissemination shall be dealt with in the manner provided in the Privacy Policy of the Portal.

6. User restrictions

Anti-Cheating and Anti-Collusion:

You undertake that you yourself will play in all Games in which you have registered/joined and not use any form of external assistance to play. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the App or use any third-party software that intercepts, mines or otherwise collects information from or through the App or through any Services. Any attempt to employ any such external assistance is strictly prohibited.

Formation of teams for the purpose of collusion between you and any other user(s) for participating in Games organized in the App or any other form of cheating is strictly prohibited.

When collusion or cheating is detected in App, we shall settle the Game as per its “Game Cancellation Settlement Policy” and may take further appropriate action against offending users in terms hereof including banning access to the Portal and any or all Services.

Multiple IDs: Your registration in the App is restricted to a single user account which will be used by you to avail the Services provided in the App. You are prohibited from creating or using multiple user IDs for registering in the App.

1. You may not upload, distribute, transmit, publish or post content through any messaging facility provided by the App which :

• is libelous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;

• contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;

• is otherwise objectionable or undesirable (whether or not unlawful);

• would constitute incitement to commit a criminal offence;

• violates the rights of any person;

• is aimed at soliciting donations or other form of help;

• violates the intellectual property of any person;

• disparage in any manner Benz247 or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;

• promotes a competing service or product; or

• violates any laws

• In the event we determine that the login name created by you is indecent, objectionable, offensive or otherwise undesirable, we shall notify you of the same and you shall promptly provide us with an alternate login name so that we can change your existing login name to the new name provided by you. If you fail to provide an alternate name, we reserve the right to either permanently suspend your user account or restore your user account only after a different acceptable login name has been provided by you.

• Accessing or attempting to access the Services through someone else’s user account is strictly prohibited.

• Winnings, bonuses and prizes are unique to the player and are non-transferable. In the event you attempt to transfer any winnings, bonuses or prizes, these will be forfeited.

• If you are an officer, director, employee, consultant or agent of Benz247 or a relative of such persons (“Associated Person”), you are not permitted to play either directly or indirectly, any Games which entitle you to any prize on the Portal, other than in the course of your engagement with us. For these purposes, the term ‘relative’ shall include spouse and financially dependent parents and, children.

• You shall not post any material or comment, on any media available for public access, which in our sole discretion, is defamatory or detrimental to our business interests, notwithstanding the fact that such media is not owned or controlled by us. In addition to any other action that we may take pursuant to the provision hereof, we reserve the right to remove any and all material or comments posted by you and restrict your access to any media available for public access that is either controlled or moderate by us; when in our sole opinion, any such material or comments posted by you is defamatory or detrimental to our business interests.

• We don’t encourage accessing Games using your ID on two or more mobile devices simultaneously. In such an event, we reserve the right to disallow continuation of games from the earlier logged in device(s).

7. Service Disruptions

You may face Service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Services or due to issues with the hardware and software used by you. You understand that Benz247 has no control over these factors. Benz247 shall not be responsible for any interruption in Services and you take full responsibility for any risk of loss due to Service interruptions for any such reason.

You understand, acknowledge and agree to the fact that if you are unable to play in any Game due to any error or omission directly attributable to Benz247, including technical or other glitches at our end, the settlement of such Games will be as per the “Game Cancellation” Settlement Policy for the App.

The Company shall attempt to start the game immediately once minimum number of players join the game table. However, the Company doesn’t commit the same and there may be delays in commencement of game due to any reason whatsoever.

It is clarified that, notwithstanding any limitation of liability as specified herein, Benz247 specifically disclaims any liability in the case of Games where there is no money paid by you.

You agree that under no circumstances shall you compel Benz247 or hold Benz247 liable to pay you any amount over and above the service charges for any of the aforementioned errors/omissions of Benz247.

8. Promotions

9. License Agreement & Intellectual Property

You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by Benz247 or our licensors and that you have no right title or other interest in any such items except as expressly stated in the Terms.

You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and using the Services and for no other purpose whatsoever.

You shall not sublicense, assign or transfer the license granted to you, or rent or lease or part with the whole or any part of such license or of the Content included in such license.

You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content in the App.

10. Voluntary termination

You are free to discontinue use of the Services on any Website at any time by intimating us of your desire to do so by sending an email to us at support@Benz247.co.in as the case may be.

11. User Account suspension

We may suspend or otherwise put restrictions on your access to the Services in the App during investigation for any of the following reasons:

Suspected violation of Terms or other abuse of your user account;

Suspected breach of security of your user account.

Our decision to suspend or restrict Service or any part thereof as we deem appropriate shall be final and binding on you.

12. Breach and consequences

1.In the event of breach of any of the Terms being evidenced from our investigation or if there is reasonable belief, in our sole discretion, that your continued use our App is detrimental to the interests of Benz247, our other users or the general public; we may in our sole discretion take any or all of the following actions:

• Restrict games between users suspected of colluding or cheating;

• Permanently suspend your user account;

• Demand damages for breach and take appropriate civil action to recover such damages;

• Initiate prosecution for violations that amount to offences in law.

• Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration in the App.

• The decision of Benz247 on the action to be taken as a consequence of breach shall be final and binding on you.

• Any action taken by Benz247 shall be without prejudice to our other rights and remedies available in law or equity.

13. Complaints, Grievances & disputes

If you have a complaint, you should in the first instance contact the customer support team at support@Benz247.co.in , as the case may be or write to us following the procedure given in the respective Contact Us section on the relevant Websites. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint.

You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party.

Benz247 shall make efforts to resolve complaints within reasonable time.

Our decision on complaints shall be final and binding on you.

14. Modifications and alterations

We may alter or modify the Terms at any time without giving prior notice to you. We may choose to notify of some changes in the Terms either by email or by displaying a message in the App; however, our notification of any change shall not waive your obligation to keep yourself updated about the changes in the Terms. Your continued use of any Services constitutes your unconditional acceptance of the modified or amended Terms.

We may also post supplementary conditions for any Services that may be offered. In such an event, your use of those Services will be governed by the Terms as well as any such supplementary terms that those Services may be subject to.

15. Disclaimer and indemnity

Disclaimer

The Services in the App and the Content present on it are provided strictly on “as is” basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. Benz247 does not ensure or guarantee continuous, error-free, secure or virus- free operation of its Content including software, Games, your user account, the transactions in your user account or continued operation or availability of any facility on the website.

Additionally, Benz247 does not promise or ensure that you will be able to access your user account or obtain Services whenever you want. It is entirely possible that you may not be able to access your user account or the Services provided by Benz247 at times or for extended periods of time due to, but not limited to, system maintenance and updates.

Benz247 disclaims responsibility and liability for any harm resulting from cancellation of any Game organized by it.

Benz247 specifically disclaims any liability in connection with Games or events made available or organized in the App which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such Game or event.

Benz247 disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or user content posted on our Website. Intellectual property rights in any Content not belonging to us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.

Benz247 specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Services.

Indemnity

To the extent permitted by law, and in consideration for being allowed to participate in the Activity, you hereby agree to indemnify, save and hold harmless and defend us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney’s fees that we may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against us by any person in connection with:

Defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory Benz247, threatening, obscene or otherwise illegal whether originating from another player or otherwise;

use, abuse or misuse of your user account in any manner whatsoever;

any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our App; and

access of your user account by any other person accessing the Services using your username or password, whether or not with your authorization.

16. Governing law, dispute resolution & jurisdiction

The Terms and Privacy Policy shall be interpreted in accordance with the laws of India.

Any dispute, controversy or claim arising out of the Terms or Privacy Policy shall be subject to the exclusive jurisdiction of the civil courts at India.

17. Responsible Game Play