TERMS AND CONDITIONS
KHELOYE
Kheloye provides online fantasy games focused on cricket, Poker, Ludo, Soccer, and kabaddi. Kheloye offers through its website www.kheloye.app . The term "Kheloye" as used above refers to the website www.kheloy.app
USAGE OF KHELOYE
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In order to participate in the various contests and games (including fantasy games) available on Kheloye platform ("Contest(s)") (the "Kheloye Services"), a person ("User") must access Kheloye (the " Kheloye platform") and agree to be bound by these terms and conditions as well as any other guidelines, policies, and terms of use mentioned herein or supplied by Kheloye in relation to any Kheloye Service.
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Kheloye may at any time amend these Terms and Conditions, as well as any other rules, regulations, and terms of use referenced to herein or offered by Kheloye in connection with any Kheloye Service, by publishing the updated information on Kheloye Website. When a user uses Kheloye, they accept the terms and conditions, guidelines, policies, and usage guidelines mentioned above or supplied by Kheloye for any Kheloye services, all of which are subject to change at any moment. Kheloye may also, in its sole discretion, send an email to the User's registered email address or post alerts informing the User of any changes or modifications to these Terms and Conditions, rules, regulations, and terms of use mentioned herein or given by Kheloye. The User may then choose to reject the updated Terms and Conditions, guidelines, and usage policies included in this email or notification, as well as any further terms and conditions offered by Kheloye. The User will be considered to have accepted the amended Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Kheloye if such alternatives are not taken by the User within the time frame specified in the email or message.
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Kheloye may at any time amend these Terms and Conditions, as well as any other rules, regulations, and terms of use referenced to herein or offered by Kheloye in connection with any Kheloye Service, by publishing the updated information on Kheloye Website. When a user uses Kheloye, they accept the terms and conditions, guidelines, policies, and usage guidelines mentioned above or supplied by Kheloye for any Kheloye services, all of which are subject to change at any moment. Kheloye may also, in its sole discretion, send an email to the User's registered email address or post alerts informing the User of any changes or modifications to these Terms and Conditions, rules, regulations, and terms of use mentioned herein or given by Kheloye. The User may then choose to reject the updated Terms and Conditions, guidelines, and usage policies included in this email or notification, as well as any further terms and conditions offered by Kheloye. The User will be considered to have accepted the amended Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Kheloye if such alternatives are not taken by the User within the time frame specified in the email or message.
There may be extra guidelines and restrictions pertaining to specific Kheloye Services that are offered on Kheloye. The extra requirements listed shall take precedence over these Terms and requirements to the extent that they conflict with them.
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Any User's access to all or any portion of Kheloye or Kheloye Platform Services may be restricted, suspended, or terminated at Kheloye 's sole and absolute discretion.
Kheloye may modify, put on hold, or stop the Kheloye Platform Services entirely or in part; any content that a user may submit may be rejected, moved, or removed;
Relocate or eliminate any content accessible on the Kheloye Platform;
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Kheloye may, at its sole and absolute discretion, and without prior notice to the User, restrict, suspend, or terminate the User's access to all or any part of Kheloye Contests or the Kheloye Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Kheloye, and take further technical and legal actions as it deems necessary in the event that any User breaches, or Kheloye reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Kheloye or the Kheloye Services.
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If Kheloye charges its Users a platform fee for any Kheloye Services, Kheloye will promptly reimburse the platform fee in the event that Kheloye suspends or removes the User's account or Kheloye Services due to Kheloye 's negligence or deficiency. However, this refund will not be granted if Kheloye 's actions are motivated by the User's failure to comply with these terms and conditions or by any other circumstances outside of Kheloye's reasonable control.
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Users agree to receive communications from Kheloye or any of its partners, licensors, or collaborators, including notifications, administrative messages, and ads.
INTELLECTUAL PROPERTY
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Content produced by Kheloye, its colleagues, licensors, partners, affiliates, and/or Users is combined into Kheloye. Kheloye, its partners, licensors, and/or associates own the intellectual property rights ("Intellectual Property Rights") in all software that powers Kheloye and the Kheloye Platform, as well as content published on Kheloye, including (but not limited to) games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, and Flash animation. Without a specific written license from Kheloye, users are not permitted to alter, publish, transmit, take part in the transfer or sale of, replicate, make derivative works of, distribute, publicly perform, publicly display, or utilize any other method of commercializing any of the materials or content on Kheloye, in whole or in part.
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Users may request permission to use any Kheloye content by writing in to Kheloye Helpdesk.
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All content that users upload, post, email, transmit, or otherwise make available on Kheloye (collectively, "Users' Content") are exclusively their responsibility, regardless of whether it is sent privately or publicly. Every user affirms and guarantees that none of the intellectual property rights in their content is violated by anyone, and that they are the exclusive owners of all such rights. Users additionally affirm and promise not to use or display on Kheloye any names, logos, markings, labels, trademarks, copyrights, or other third-party intellectual property rights. In case of any third party claims arising from the display or use of names, logos, marks, labels, trademarks, copyrights, or other intellectual and proprietary rights on Kheloye, by the User or through the User's commissions or omissions, Users agree to indemnify and hold harmless Kheloye, its directors, employees, affiliates, and assigns against all costs, damages, loss, and harm, including litigation costs and counsel fees.
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In this agreement, Users give Kheloye and its partners, affiliates, licensors, and associates a worldwide, irreversible, royalty-free, non-exclusive, sublicensable license to use, copy, make derivative works of, distribute,
publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the intentions listed below:
Users' Content may be shown on Kheloye, distributed electronically or through other media to other Users who choose to download or obtain it, or stored in a distant database that end users can access for a fee.
Users' Content may be distributed and stored using any format, media, or technology under the terms of this agreement.
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Any names, logos, marks, labels, trademarks, copyrights, or intellectual property rights on Kheloye that belong to any individual (including Users), organization, or third party are acknowledged as proprietary to their respective owners. Kheloye must be notified of any claims, disputes, or problems involving these names, logos, marks, labels, trademarks, copyrights, or intellectual property rights.
THIRD PARTY SITES, SERVICES AND PRODUCTS
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Kheloye might have links to other websites that are run and owned by outside parties. The terms that each of those websites posts, if any, govern how users use those websites. Kheloye has no control over websites other than Kheloye, and it is not liable for any content found on websites owned by third parties. If Kheloye includes content from third parties or provides links to third parties' websites, it does not imply that Kheloye supports those third parties' websites.
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Users and third parties, including payment processors and providers of verification services, are the only parties to correspondence, transactions, offers, and related activity. The terms and conditions, policies, and other service terms adopted or implemented by the third party will apply to Users' correspondence, transactions, and use of the services/offers of said third party. It is the User's sole responsibility to review these terms and conditions prior to transacting or using the services/offers of said third party. The user acknowledges and agrees that Kheloye shall not be held accountable or liable for any loss or damage of any kind resulting from any such deals or exchanges with other parties. The appropriate vendor should be contacted with any inquiries, grievances, or claims concerning any goods or services provided by third parties.
- Kheloye includes both original stuff from Kheloye and content from outside sources. Kheloye disclaims all liability for the truthfulness, reliability, and quality of any content supplied by third parties. Users should not rely on such content when using Kheloye Services, including when taking part in Kheloye contests.
PRIVACY POLICY
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Kheloye's Privacy Policy, which can be found at Privacy Policy, governs all information gathered from Users, including registration and credit card information.
USER CONDUCT
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Users consent to follow these terms and conditions as well as all other guidelines, policies, and conditions pertaining to using the website. If the user disregards these terms and conditions as well as all other guidelines, Kheloye may, at its sole and complete discretion, take any corrective action that is required, which may include, but is not limited to:
Limiting, stopping, or eliminating a User's access to Kheloye Services in whole or in part;
Removing or deactivating a user's account, together with any associated data and files. On the date of deactivation or deletion, any money still in the user's Amount Unutilised Account or Winnings Account (less applicable TDS with effect from April 1, 2023, if applicable) will be transferred to the user's bank account on file with Kheloye, subject to the processing fee (if any) that applies to such transfers as described below; or declining to provide such User any prize(s).
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When registering and at all other times, users agrees to give truthful, accurate, comprehensive, and up-to-date information (as required by Kheloye). Users further agree to update and keep current their registration information.
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Users understand and agree that, for the purposes of the Goods and Services Tax Act, any address-related information they may have submitted will be regarded as their "Address on record." Should there be a shift in such details, the user shall promptly update his/her profile on the Kheloye platform or write to Kheloye helpdesk.
- It is forbidden for a user to create or manage multiple Kheloye accounts.
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Users acknowledge that by adding Kheloye's emails or SMSs to their "safe senders" list, they can receive all correspondence from Kheloye. If an email or SMS is routed to a user's spam or junk mail folder, Kheloye will not be responsible for any unopened messages.
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It is the users' responsibility to keep their passwords and accounts private. Users consent to reporting any unauthorized use of accounts or other security breaches to Kheloye right away.
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When a user ends a session, they consent to log out of their accounts. Kheloye disclaims all liability for any loss or harm that could arise from the User's failure to adhere to these guidelines.
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Users consent to refrain from using any unapproved third-party software intended to alter or interfere with Kheloye Services and/or the Kheloye experience, as well as from aiding in such activity, including cheats, exploits, automation, software, bots, hacks, and hacking.
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The technology and software that underpin Kheloye and Kheloye's services may not be copied, altered, rented, leased, lent, sold, assigned, distributed, reverse engineered, granted a security interest in, or otherwise transferred by users.
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Users understand and agree that they will not alter or cause to be altered any files or software that are a component of Kheloye's Services without Kheloye's prior written approval.
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Users consent to refrain from initiating, supporting, or participating in any kind of attack, including but not limited to virus dissemination, denial of service attacks, or other attempts to interfere with the use of Kheloye Services by third parties or with anyone else's ability to use or enjoy Kheloye Services.
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Users agree not to use any method other than the user interface offered by Kheloye to attempt to obtain unauthorised access to User accounts, Servers, or networks connected to Kheloye Services. This includes, but is not limited to, evading or altering any security, technology, device, or software that supports or is a component of Kheloye Services, as well as encouraging or helping others to do the same.
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In addition to the aforementioned, Users consent to refrain from using Kheloye for any of the following:
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To act or speak in any way that is obscene, offensive, indecent, racist, communal, anti-national, disagreeable, defamatory, or abusive;
To infringe upon, intimidate, harass, or otherwise violate anybody else's legal rights;
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To publish, post, upload, email, distribute, or disseminate any offensive, vulgar, slanderous, infringement-causing, obscene, indecent, or illegal content (collectively, "Transmit");
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To advertise, offer, or sell any goods or services for any commercial purpose on Kheloye without Kheloye's express written consent; To transmit files that contain viruses, corrupted files, or any other similar software or programs that could damage or negatively affect the operation of another person's computer, Kheloye, any software, hardware, or telecommunications equipment;
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To download any material, reassemble, dismantle, or otherwise work with our goods that you know, or should have a reasonable suspicion, cannot be obtained lawfully in this way;
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To obliterate or falsify any author credits, proprietary designations or labels, legal or other proper notices, or the source of software or other content;
to prevent or limit the use and enjoyment of any public section on our websites by any other user;
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To gather and retain personal data about other users;
Interfering or disrupting Kheloye, servers, or networks; Posing as someone else, including a Kheloye representative; Making up a false identity or misrepresenting the User's relationship to a person or organization;
To alter IDs, headers, or other data in order to conceal the source of any content sent via Kheloye or to influence a user's appearance on Kheloye;
to engage in any activity that places an excessive or unreasonable burden on our infrastructure;
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To take part in any illicit activity. By using our message or communication facilities, chat rooms, news groups, forums, communities, and/or bulletin board services (collectively, the "Forums"), you consent to using them exclusively for the purpose of sending and receiving content appropriate for that specific Forum.
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To take any action that jeopardizes India's unity, integrity, defense, security, or sovereignty, cordial relations with other countries, public order, or that encourages the commission of any crime that is punishable by law or obstructs an inquiry.
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If a user chooses a username that Kheloye deems to be vulgar, offensive, abusive, or that could bring Kheloye into disgrace or ridicule, or if the user chooses a name that is an official team, league, franchise, or sporting celebrity name, Kheloye reserves the right, without giving the user advance notice, to restrict usage of names that fall into any of the aforementioned categories, to change the username and notify the user, to remove the username and any posts from Kheloye, or to deny access to Kheloye, among other options.
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Unauthorized access to Kheloye is against the law and these terms and conditions. Users consent to only use the interface Kheloye provides to access Kheloye; they will not access Kheloye in any other way. Users agree that they will not access, monitor, or copy any portion of our sites using any automatic means, including without limitation agents, robots, scripts, or spiders, unless those automated methods have been allowed in writing and in advance by us.
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Kheloye use is governed by current laws and legal procedures. Nothing in these Terms and Conditions will restrict Kheloye's ability to abide by demands or laws pertaining to Users' use of Kheloye from governmental bodies, courts, or law enforcement agencies.
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It is prohibited for anybody under the age of eighteen (18) to take part in any paid contests or games (under any name) on the Kheloye Platform. In order to gain access to the Kheloye Platform, users will need to reveal their true age.
Any content posted by users on Kheloye is not the responsibility of Kheloye.
By entering this contest, the user attests that he or she is doing so on a personal level and not as part of their business or profession.
CONDITIONS OF PARTICIPATION
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By participating in a Contest, the user consents to be bound by Kheloye's judgments and these Terms. If a user engages in unfair conduct that the Kheloye deems to be improper, unfair, or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users, it may, at its sole discretion, disqualify the user from a Contest, refuse to award benefits or prizes, and require the return of any prizes. All of the aforementioned actions are subject to the terms and conditions outlined below.
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faking one's own personal information, such as name, email address, bank account information, and/or any other data or evidence that Kheloye may need in order to participate in a contest, claim a reward, or win;
Entering a contest or claiming a prize by engaging in any kind of financial fraud or misrepresentation, such as using credit/debit cards, payment wallet accounts, etc. without authorization. It is made very clear that the user will have the whole burden of proving otherwise.
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collaborating with any other user or users, or participating in syndicated play of any kind;
any infraction of the Terms of Use or the Contest rules;
gaining rewards or points by unsanctioned techniques such automated bots or other automated ways;
utilizing automated methods (such as harvesting bots, robots, parsers, spiders, or screen scrapers) to acquire, gather, or access any user or website data for any purpose any abuse of the Invite Friends program, any Discount Bonus, or any other offers or promotions;
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attempting to interfere in any manner with the computer programs or security measures connected to a contest, or interfering with the way a contest is administered;
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Obtaining information about other users without that users' knowledge or consent, or spamming other users (spamming can refer to a variety of activities, such as sending unsolicited emails to users, sending bulk emails to Kheloye users, or sending unwanted email content to a subset of users or all users); or abusing the website in any way (some examples of abuse include using slang, unparliamentary language, or offensive language).
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It is made clear that Kheloye retains the right, in addition to forfeiture and/or prize money recovery, to pursue proper Civil/Criminal remedies in the event that a User is determined to have violated this policy.
REGISTRATION FOR A CONTEST
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The following details must be accurately provided by Participants in order to register for the Contest(s):
Complete Name
Name(s) of the team
Email address
Password
Residence state,
gender, and
date of birth
- Additionally, participants must attest that they have read and agree to be bound by these terms and conditions. a participant enters an address and states that they are a resident of Andhra Pradesh, Assam, Nagaland, Sikkim, or Telangana, they will not be able to sign up for any matches in the contest's paid edition, which is detailed below.
After providing the aforementioned details and selecting the "register" link, the participant's account is established with the aforementioned data.
CONTEST(S), ENTRANTS, AND AWARDS
- Kheloye may provide the contest(s) on the Kheloye platform as part of its services.
- The following competitions are currently offered on the Kheloye platform: There are three different types of fantasy sports games available: 1) fantasy cricket, 2) fantasy soccer, 3) fantasy kabaddi. The contest is open to individual users who wish to participate as "Participants" (hereafter referred to as "Team/s"). These teams must be made up of real-life athletes such as Cricketers, Soccer players or kabaddi players (depending on the sport) who are involved in the real-life match, series, or tournament (hereafter referred to as "Sports Event") that the fantasy game is related to.
- At the conclusion of a specified match, match, or tournament of the Contest(s), teams are awarded points based on the real-life performances of cricketers, Soccer players, or kabaddi players (as applicable). Winners ("Winners") will be the Participant(s) whose Team(s) earn the highest cumulative score(s) in the Contest(s). There may be more than one winner in some pre-specified contests, and the rewards will be awarded to these winners in ascending order of their team's total score at the conclusion of the contest's scheduled match or matches.
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The Contest(s) are currently offered on the Kheloye platform in paid forms. By paying the pre-designated fee as stated on the applicable Contest website, users may enter the Contest(s). The term "pre-designated amount" refers to the pre-determined participant contribution to the prize money pool as well as the pre-determined platform charge for using Kheloye services. As specified on the applicable Contest(s) page, the Participant who finishes the pre-arranged match with the highest total points will be eligible to win a reward that has already been assigned and will be paid out of the prize money pool.
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A Participant may create multiple Teams to compete in Contest(s) related to a sporting event using all of the Kheloye Services. However, Participants understand and agree that they may only enter one team in any contest presented in connection with a sporting event, unless Kheloye specifically states otherwise in reference to any Contest ("Multiple Entry Contest"). A Participant may enter more than one Team in a single Multiple Entry Contest in the event of multiple entry contests. Furthermore, it is made clear that Kheloye has the right to periodically limit the maximum number of Teams that can be formed by a single User account (for each contest format) or which, in each case, to the number that Kheloye, in its sole discretion, determines that a single User account may enter in a certain Multiple Entry Contest.
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Contest prize money will be split equally among all participants in two-member and above public contests where all players entered with the exact same teams, including the captain and vice-captain in such an event. Half of the money will be deposited in each player's Kheloye winning account, and the remaining portion will be credited to their Discount Bonus account. The Company maintains the right to take appropriate action against users who are found to be in violation of this policy, including but not limited to forfeiting the Discount Bonus Amount. In Kheloye's Starting Lineup Feature, the indication of a player's involvement in the final starting lineup serves solely to inform and help the user choose their squad. Kheloye bases its decision to include a player in the starting lineup on information obtained from feed sources and publicly accessible statistics. It is recommended that users conduct in-depth independent research using official and/or other accessible sources. If a player who was previously listed as "Playing" does not play or start for any reason, Kheloye will not be held responsible.
LEGALITY AND GAME OF SKILL
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Since games of skill are not covered by Indian gambling laws, such as the Public Gambling Act of 1867, they are lawful. In the decisions of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153), the Hon’ble Supreme Court ruled that a game is considered a game of skill if the player's superior knowledge, skill, attention, experience, and skill are the primary factors that determine their success.
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The contest(s) mentioned above (across the Kheloye Services) are skill-based games, with the main factors determining a participant's success being their superior knowledge of cricket, football, basketball, hockey, handball, volleyball, kabaddi, American football, and/or baseball statistics; players' relative form; players' performance in a specific territory; conditions and/or format (e.g., ODIs, test cricket, and Twenty20 in the cricket fantasy game); players' attention and dedication towards the contest(s); and their skillful performance in the contest(s). In order to win the most points possible in the contest(s), participants must also field well matched teams with constrained resources and make substitutes as necessary.
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Each Participant understands and accepts that he or she is engaging in a game of skill by taking part in this Contest(s).
ELIGIBILITY
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Only individuals who are at least eighteen years old may enter the paid edition of the contest.
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The contest(s) is/are exclusively available to individuals who presently reside in India.
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The states of Andhra Pradesh, Telangana, Assam, Nagaland, and Sikkim do not provide Kheloye's paid version of the contest(s), and users from these states are not allowed to enter the contest(s).
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Upon receiving information, Kheloye has the right to prohibit an individual from participating in any particular event or match and/or withhold winning sums if it is determined that the individual has insider knowledge of the participating teams, as well as to organize boards, leagues, etc.
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To be eligible to enter the Contest and win prizes, Participants must have successfully registered on Kheloye and registered before each match in line with the above-described protocol.
PAYEMENT TERMS
By taking part in a contest, users grant Kheloye permission to designate a third party, trustee, or escrow agent to handle their money. Users agree to be bound by the following payment conditions with regard to any transactions made on the Kheloye platform, including paying to enter paid versions of Contest(s):
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In addition to the pre-determined participant's contribution to the prize money pool, the pre-designated amount Users pay to participate in the Contest(s) also includes the pre-designated Platform Fee that Kheloye charges for access to its services.
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All money received from the user are kept in separate, interest-bearing bank accounts, according to these terms and conditions. In compliance with Clause 10 of these Terms and Conditions, a third party designated by Kheloye is in charge of the aforementioned accounts. Payments can be made from these bank accounts to Kheloye (for platform fees), Users (for withdrawals), Government (for GST payable), and Government (for TDS on Net Winnings).
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Before a User enters a Contest, Kheloye maintains the right to impose a Platform Fee. The User's account balance will be deducted in order to cover the Platform Fee.
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Beginning on October 1, 2023, the user's deposits in their Amount Unutilised Account on the Kheloye platform will be subject to 28% GST. On the "My Transaction" page, the user can view the GST paid on each deposit through invoices.
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The User may enter a contest in which the User is required to make a predetermined contribution to the prize money pool. This money will be sent to the contest winner(s) in accordance with the contest's terms and conditions after the contest has ended. It is made clear that Kheloye is merely acting as a middleman to collect and distribute the Prize Money Pool in compliance with the Contest's terms and regulations; it has no ownership or legal claim over this money. The User's account balance with the Trustee will also be deducted in addition to the amount that the User must contribute to the Prize Money Pool.
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Users who utilize Kheloye services are given access to two types of accounts: (i) 'Amount Unutilised' Accounts and (ii) Winnings Accounts, which are used for payment processing and reconciliation. It is made clear that in no case will any funds from the user's accounts be transferred to another type of account the user owns or to any account owned by a third party, including a third party's bank account:
The user's winnings from any contest will appear as credits to the user's winnings account.
The amount that the user transfers using the approved payment gateway will be credited to their "Amount Unutilised Account."
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If there is any money still owed by the user for their involvement in any match or contest, they will be directed to the appropriate payment gateway in order to complete the payment. When depositing money, the user acknowledges that Kheloye will deduct any applicable government taxes (such GST at 28%) from the amount they put in their Amount Unutilised account.
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Kheloye will appropriately reflect this to the User at the time of payment. The excess amount will be transferred to the user's "Amount Unutilised" Account and can be used to participate in any match or contest. This is especially true if the amount added by the user through the payment gateway surpasses the pre-designated amount, exclusive of applicable government taxes (such as GST @ 28%). If there is a request to withdraw money from a "Amount Unutilised" account, the request must be processed net of GST, meaning that any applicable 28% GST paid on the money deposited in the account will not be refundable in accordance with applicable government laws.
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To allow a user to participate in a contest, debits from the "Amount Unutilised" Account will be made in the order that the amounts were credited into the account; therefore, the amounts that were credited into the account earlier in time will be debited first.
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By submitting a request to Kheloye, the User may request the withdrawal of any balance remaining to their credit in the Winnings Account. Kheloye will, within a commercially reasonable timeframe, initiate an online transfer to the User's bank account on file with Kheloye. The User's Winnings Account will be debited in connection with this transfer. For the online transfer of such money from the Winnings Account to the User's bank account on file with Kheloye, Kheloye will not impose any processing fees. Please be advised that in order for Kheloye to complete the withdrawal request, users will need to supply their PAN Card and bank account information. Kheloye has the right to review the documents and information submitted by users and to reject any that are deemed to be inaccurate, inconsistent, or incomplete. Kheloye will not send any winning amounts to the User if, to Kheloye's satisfaction and in compliance with these Terms and Conditions, the User has not verified his or her User account with Kheloye or if no bank account has been registered by the User against such User's account with Kheloye.
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Users acknowledge and agree that they will be bound by a transaction on Kheloye and will have to pay for it after they confirm it.
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The User understands that the processing of any transaction on the Kheloye Platform may take up to 24 hours, depending on the time required for bank reconciliations and other external dependencies that Kheloye has on third parties. To reflect in the User's 'Amount Unutilised' Account or Winnings Account balance, any money paid or transferred into such accounts may need up to a day. Comparably, it could take up to 24 hours for the use of any discount points, discount bonuses, or funds deducted from the user's "Amount Unutilised" or "Winnings" account to show up in their account balance. Users consent to refrain from bringing any complaints or claims against Kheloye regarding any delays, including missed opportunities to participate in contests or matches as a result of delays in the transaction amount being credited to any of the User's accounts.
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Once a transaction has been confirmed, it cannot be canceled.
In extreme cases, Kheloye may, at its sole and absolute discretion, return the money to the user after deducting all relevant taxes and cancellation fees. Users might also be requested to read additional terms and conditions at the time of the transaction; these terms and conditions will also apply to the transaction. Should any phrase in the additional terms and conditions contradict with any part of the current terms and conditions, the additional terms and conditions will take precedence.
TABULATION OF FANTASY POINTS
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Kheloye may get the score feed and additional data from third-party service providers and/or the official match organizer website in order to calculate and tabulate fantasy points. Kheloye will make every effort to correct any errors that may arise from incomplete or inaccurate feeds provided by third-party service providers and/or the official match organizer website before prizes are awarded. This is because rare errors may arise in the computation or tabulation of fantasy points, winner selection, match abandonment, etc. Kheloye hereby makes it clear that it depends on the completeness and accuracy of these third-party score/statistic feeds and neither guarantees nor represents the accuracy of such feeds. In addition, Kheloye will not be held liable for any errors in the calculation and tabulation of fantasy points or the selection of winners that arise from any incomplete or inaccurate scores/statistics obtained from such third-party service provider. In this regard, Users and Participants agree not to assert any claims or file any complaints against Kheloye.
SELECTION, VALIDATION, AND TERMS OF THE PRIZES FOR THE WINNERS
- Picking of the Winners
The Teams' scores in a predetermined match of the Contest(s), which could run anywhere from a single day to the duration of the tournament, will determine the winners. The winner(s) of a given match will be the Participant(s) who own the Team(s) with the highest cumulative score. Kheloye may, in some pre-arranged Contests, declare multiple winners and award prizes to them in ascending order of their team's total score at the conclusion of the Contest's assigned match. The anticipated number of winners in this contest, as well as the prizes owed to each winner, will be as mentioned on the contest website before the contest starts.
Participants that form Teams on behalf of another participant or individual will not be allowed to continue. If there is a tie, the winning Participants will be named the Winners, and their share of the reward will be divided equally.
If it is found that the Winner(s) have not complied with these Terms and Conditions, as well as any other rules and regulations pertaining to the use of the Kheloye, Contest, "Fantasy Rules," etc., Kheloye will not be responsible for paying any prizes.
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Contacting Winners
Kheloye or the third party running the contest will get in touch with the winners via the email address entered at the time of registration. At this point, the winners will receive specifics about the verification procedure and the paperwork needed to claim their prizes. Generally speaking, the following will be needed from winners:
PAN card of the user;
any other legally acceptable document
Details of the user's bank account
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Kheloye will not allow a Winner to take back any prize(s) or cumulative winnings unless Kheloye has received and confirmed the aforementioned documents/information within the allotted time frame.
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When registering, participants must provide accurate and comprehensive information. If there are any commissions, omissions, or communication errors on the part of Kheloye, including those of the Participants, the results might not reach the Winner.
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On a different Kheloye website, the list of winners will be published. Email notifications will also be sent to the winners.
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Should a Participant find themselves designated a Winner on the aforementioned homepage without receiving any correspondence from Kheloye, they may get in touch with Kheloye within the timeframe provided on the webpage.
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Procedure for verification
The only winners who will be able to withdraw or receive their cumulative prizes (or any portion thereof) are those who successfully complete the verification process and submit the necessary documentation within the time frame that Kheloye specifies. Any claims or demands for an extension of time to submit documentation will not be entertained by Kheloye.
Kheloye will carefully review all supporting documentation and reserves the right, in its sole and absolute discretion, to prevent any Winner from taking all or a portion of their prizes for the following reasons:
Kheloye's determination that any document or information that the participant submits is inaccurate, deceptive, false, forged, incomplete, or illegible; or the participant does not meet the requirements for eligibility listed in Clause 11 above or Any other game
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Payable Taxes
According to the Income Tax Act of 1961, taxes (or "TDS") would be deducted from all rewards. TDS of 30% will be withheld from Net Winnings (NW) for each withdrawal request made by the user as of April 1, 2023.
The following formula will be used to determine net wins: NW is equal to (A+D)-(B+C+E). Where A is the total withdrawal (including the amount taken out currently), B is the total deposit, C is the opening balance at the start of the financial year, D is the user account's closing balance at the conclusion of the financial year, and E is the amount from which TDS was withheld.
If a user has Net wins as of March 31 of each year and does not withdraw any of his wins throughout that financial year, then TDS of 30% will be withheld from the user's winning account as of that date. Kheloye will deduct TDS in line with the then-current prescribed TDS rate and the updated definition of Net Winnings in the event that the Government of India modifies either the aforementioned rate or the definition of Net Winnings in the future. Regarding these tax deductions, TDS certificates will be given to the winners. Any additional applicable taxes, such as gift tax, income tax, and so forth, with regard to the Net Winnings shall be paid by the Winners. Kheloye disclaims any liability with regard to the individual tax matters of its users.
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Miscellaneous
Kheloye's decision regarding the prize distribution is final, enforceable, and irrevocable.
By playing the paid versions of the contest(s), participants attest that they do not live in Andhra Pradesh, Assam, Nagaland, Sikkim, or Telangana, or any other Indian state. Kheloye will disqualify and forfeit any prize earned by a participant in the paid forms of the contest(s) if it is discovered that the participant is a resident of any of the states listed above. Moreover, Kheloye may suspend or cancel a Participant's account with Kheloye in its sole and absolute discretion. On the date of deactivation or deletion, any money still in the user's Amount Unutilised Account or Winnings Account (less any applicable TDS with effect from April 1, 2023, if applicable) will be returned to the user via an online transfer to the user's bank account on file with Kheloye, less any processing fees (if any) that may apply to such transfers as described below.
Kheloye retains the right, at its sole and absolute discretion, to disqualify any Participant who is discovered to be less than eighteen (18) years of age when participating in the paid versions of the Contest(s) and to withhold their reward. Moreover, Kheloye has the complete authority to suspend or cancel a Participant's account at any time.
The packing and delivery of the prizes to the individual winners is not Kheloye's responsibility. In the event that any rewards are lost or damaged during such transportation, Kheloye will not be held responsible.
The winners are responsible for covering all shipping, courier, or other delivery expenses related to the prizes.
Any and all transaction fees associated with the distribution of cash awards will be borne by the winners.
PUBLICITY
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By accepting a prize, the winner grants Kheloye and its affiliates permission to use the winner's name, likeness, voice, and comments for trade and advertising purposes in any media worldwide without obtaining any additional permissions, consents, or payment of any kind.
The Winners also agree to make themselves accessible, at no cost, for Kheloye's planned and preferred promotional uses. Kheloye alone will determine the precise dates going forward. Press conferences, internal meetings, ceremonies, and functions are examples of promotional activities, but they are not the only ones.
DISPUTE RESOLUTION
- The construction, validity, interpretation, and enforceability of these terms and conditions, as well as the rights and obligations of the User(s) (including Participants) or Kheloye, shall be determined exclusively by the courts of competent jurisdiction in Indore. These courts shall also have the exclusive jurisdiction to grant interim or preliminary relief in the event that any dispute as specified below is referred to arbitration. The laws of the Republic of India shall govern and be interpreted with regard to any such issues and questions.
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Any party establishing a legal dispute must give written notice ("Notification") to the other party in the event that a legal dispute (which could be a legal issue or question) arises. Following notification, the parties will attempt to settle the disagreement through dialogue. Arbitration will be used to settle disputes if the parties cannot come to a resolution within fifteen (15) days after receiving the Notification.
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The arbitration will take place in Indore, India. The Arbitration and Conciliation Act, 1996, as amended from time to time, shall govern all arbitration proceedings, which shall be conducted in English.
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Unless the arbitral tribunal determines differently, each Party shall pay its own arbitration expenses and equally divide the arbitrator's fees. The arbitral ruling shall be final and binding on the Parties. The arbitrator will have the authority to make interim rulings and awards, such as orders for particular performance, which will be enforceable in appropriate legal forums. The arbitrator will render a well-reasoned decision.
RELEASE AND LIMITATIONS OF LIABILITY
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Users willfully and at their own risk access the Kheloye Services offered on Kheloye. Under no circumstances will Kheloye be held accountable or liable for any loss or damage incurred by Users or any other person or entity while using the Kheloye Services (including entering a contest) or as a result of accepting a prize, including but not limited to any accident, injury, death, or loss of property.
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Through participation in the contests and use of the Kheloye Services, Users release Kheloye and/or any of its directors, employees, partners, associates, and licensors from all liability, cost, loss, or expense arising from their use of the Kheloye Services, including (but not limited to) property damage and personal injury, whether direct, indirect, consequential, foreseeable, the result of their own negligence, or for other reasons.
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Kheloye disclaims all responsibility for any mistakes or omissions made by it or by third parties about the rewards, whether jointly or severally.
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Users agree that they will bear full responsibility for any repercussions that may result from using Kheloye Services in connection with illegal activity, breaking these terms and conditions, or breaking other guidelines related to Kheloye Services, such as giving false information about their address or other personal information. Users further agree to fully indemnify Kheloye and each of their officers, directors, employees, and agents in the event that such an event occurs (including, without limitation, legal fees and costs of counsel) for any loss or damage Kheloye may suffer as a result of the Users' actions.
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Users agree to indemnify, defend, and keep Kheloye harmless against any claims made by third parties, entities, or organizations resulting from or connected to their interactions with Kheloye or their participation in any contest. Kheloye shall not be responsible to any User for any conduct or inactions resulting from or connected to the User's interaction with Kheloye or participation in any Contest(s).
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To the extent that the law permits, in exchange for Kheloye granting Users access to the Kheloye Services, Users hereby waive and release Kheloye, its agents, directors, officers, business associates, group companies, sponsors, employees, and representatives from any and all liability for any injuries, accidents, or mishaps—whether known or unknown—that may arise from the provision of Kheloye Services or that are related to the Contests or the prizes therein.
DISCLAIMER
- Kheloye, its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, and employees disclaim any liability for the deletion, failure to store, misdelivery, or late delivery of any information or material, to the extent allowed by law.
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Kheloye disclaims any liability for damages arising from downloading or accessing any information or material, as well as from the caliber of servers, games, goods, Kheloye services or websites, competition cancelation, and prize fulfillment, to the maximum degree allowed by law. Kheloye disclaims all liability for any inaccessibility resulting from maintenance Kheloye performs on the servers or the technology supporting our sites, malfunctions of Kheloye's service providers (including hosting, telecommunications, and power providers), computer viruses, natural disasters or other destruction or damage to our facilities, acts of nature, war, civil unrest, or any other cause beyond our reasonable control. If a user pays for access to one of Kheloye's services, the user will not be entitled to a refund. Furthermore, Kheloye makes no warranties regarding the information on Kheloye. Content from Kheloye is made available "as is, as available".
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Any content accessed, downloaded, or otherwise obtained through Kheloye is done at the user's own risk, competence, and discretion. The user assumes all liability for any potential computer system damage or data loss that may arise from the user downloading any such content.
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While Kheloye will use its best efforts to guarantee that the Kheloye is safe and error-free, neither Kheloye nor any of its affiliates, licensors, or partners can guarantee that the Kheloye will meet users' needs or that they will be timely, secure, uninterrupted, or error-free. the quality of any goods, services, information, or other content that Users buy or obtain through Kheloye will match Users' expectations; and the results that may be gained from using Kheloye(s) will be accurate or dependable.
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Kheloye reserves the right (exercisable at its discretion) to correct any errors it finds, including by deducting the amount of the incorrect payment from amounts owed to the user or setting off the incorrect payment from amounts due to Kheloye, including errors in determining the winners or transferring funds to a user's account. Kheloye commits to notify the User of the error and the exercise of the remedy(ies) to correct it in the event that remedies under this provision are exercised.
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Even though we have been informed of the possibility of such damages, Kheloye, its partners, licensors, or associates shall not be liable, to the extent permitted by law, for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites.
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If specific permission or authority is required from any statutory authority, state, federal government, or board of directors and is not obtained or denied before or after the relevant Kheloye Services, events, or Contest(s) are hosted or provided, then any Kheloye Services, events, or Contest(s) being hosted or provided, or intended to be hosted on Kheloye platform, shall be deemed cancelled or terminated.
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Users (including Participants) shall not be entitled to make any demands or claims of any kind in the case of the suspension or closure of any Services, events, or Contests, to the degree permitted by law.
MISCELLANEOUS
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According to several laws, Kheloye might have to inform Users of specific incidents. The User(s) hereby agrees and acknowledges that Kheloye will post the notices on Kheloye or send them to the User via the email address the User provided during registration. Kheloye will thereafter take effect. The user(s) can modify their email address by signing into their Kheloye account. They will not be responsible for Kheloye's failure to alert the User if they fail to give Kheloye real information.
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Any failure to perform due to unforeseeable circumstances or causes beyond Kheloye'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, soccer, or kabaddi match to which a Contest relates, shall not bind Kheloye in any way. In these situations, Kheloye will also have the right to revoke any associated contest(s) and provide each participant with a suitable reimbursement.
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Any right or term of these Terms and Conditions that Kheloye does not exercise or enforce shall not be deemed a waiver of that right or provision.
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Users understand and agree that any claim or cause of action arising out of or connected to use of the Kheloye or these Terms must be filed within thirty (30) days of the claim or cause of action arising, regardless of any statute or law to the contrary, or it will be permanently barred.
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Your use of the Kheloye is governed by these Terms and Conditions, which supersede any prior agreements that any User may have with the company. These Terms and Conditions include all terms, conditions, and policies that are incorporated herein by reference.
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The remainder of these terms and conditions will remain fully enforceable even if any portion of them is found to be illogical, invalid, or otherwise unenforceable.
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Kheloye maintains the right, in its sole and absolute discretion, and without prior notice, to regulate, restrict, or prohibit the use of the Kheloye, either generally or explicitly to any User, in compliance with Kheloye's policy or regulations.
Any Kheloye Service, including any Contest(s), may be temporarily or permanently closed in Kheloye's sole and absolute discretion.
GRIEVANCE REDRESSAL MECHANISM
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Please contact grievance email with any complaints or grievances you may have regarding (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism for such claims), (ii) your access to the Platform, or (iii) any User Content that you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual.
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The Company reserves the right to look into the matter and/or take any relevant action after receiving a complaint, grievance, or notice. You agree that the Company may contact you in the future to request further information, support, or clarification regarding the investigation, or to confirm the details in your complaint, grievance, or notice. You also understand that prompt assistance with the investigation will help to resolve the matter at hand.
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Details of the Grievance Redressal Officer: