Welcome to the ARENA CHALLENGE
website / the ARENA CHALLENGE mobile application (collectively, “ARENA
CHALLENGE Platform” or “Platform”). By accessing or using the ARENA CHALLENGE
Platform, it is deemed that You have accepted all the terms and conditions for
the Platform after careful perusal of them, which are applicable to all users
of the Platform, and accept the same, before proceeding further. These terms
and conditions, including the Privacy Policy ( https://arenachallenge.ae/privacy-policy) and any other policies incorporated
by reference or issued from time to time (including any amendments,
modifications or changes thereto) are considered integral part of these terms
and conditions and are incorporated herein (the “T&Cs”).
The Platform offers online
gaming challenges, competitions and tournaments developed by third-party game
developers to interested users, subject to the T&Cs. You hereby agree,
understand and acknowledge that You shall be bound by the terms contained in
the Agreement, and use and access of the Platform and playing Games shall be
subject to the Agreement.
1. ARENA CHALLENGE PLATFORM
‘ARENA CHALLENGE ‘is
a brand of Onmobile Global Limited (“ARENA CHALLENGE” or “us” “or “we”), and through the ARENA CHALLENGE Platform, it offers a
catalogue of online games to individual users, including arcade games,
tile-matching games, racing games along with specifically licensed battle royale games, first person shooting games and virtual sport
games (“Games”).
2. USAGE OF ARENA CHALLENGE PLATFORM
●
Any person accessing the Platform (each
such person referred to as the “User”
or “You”) for participating in the
Games, available on the ARENA CHALLENGE Platform shall be bound by these
T&Cs referred to or provided herein in relation to any services rendered
for providing / offering the Games on the Platform (“ARENA CHALLENGE Services”), including any changes made to the same
from time to time.
●
ARENA CHALLENGE shall be entitled to modify these T&Cs, at any
time, by posting the same on ARENA CHALLENGE Platform. Use of ARENA CHALLENGE
constitutes the User’s acceptance of such T&Cs, as may be amended from time
to time. ARENA CHALLENGE may, at its sole discretion, also notify the User of
any change or modification in these T&Cs referred to herein or provided by
ARENA CHALLENGE, by way of sending an email to the User’s registered email
address or posting notifications in the User accounts on the ARENA CHALLENGE
Platform.
●
If the User does not agree with these T&Cs, such User is urged
to not use the ARENA CHALLENGE Services in any form or manner. Any use of the
ARENA CHALLENGE Platform by the User will be deemed to be an acceptance of the
T&Cs.
●
Certain ARENA CHALLENGE Services being provided on the Platform
may be subject to additional rules and regulations set down in that respect. To
the extent that these T&Cs are inconsistent with the additional conditions
set down, the additional conditions shall prevail.
●
ARENA CHALLENGE may, at its sole and absolute discretion
i. Restrict, suspend, or
terminate any User’s access to all or any part of ARENA CHALLENGE Platform;
ii. Change, suspend, or
discontinue all or any part of the ARENA CHALLENGE Services;
iii. Reject, move, or
remove any material that may be submitted by a User;
iv. Move or remove any
content that is available on ARENA CHALLENGE Platform;
v. Deactivate or delete
a User’s account and all related information and files on the account;
vi. Establish general
practices and limits concerning use of ARENA CHALLENGE Platform;
vii. Assign its rights and
liabilities to all User accounts hereunder to any entity (post intimation of
such assignment shall be sent to all Users to their registered email ids).
●
In the event any User breaches, or ARENA CHALLENGE reasonably
believes that such User has breached these T&Cs, or has illegally or
improperly used ARENA CHALLENGE Platform or the ARENA CHALLENGE Services, ARENA
CHALLENGE 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 ARENA CHALLENGE Services or the ARENA CHALLENGE Platform, deactivate or
delete the User’s account and all related information on the account, delete
any content posted by the User on ARENA CHALLENGE and further, take technical
and legal steps as it deems necessary.
●
If ARENA CHALLENGE charges its Users a platform fee in respect of
any ARENA CHALLENGE Services, ARENA CHALLENGE shall, without delay, repay such
platform fee in the event of suspension or removal of the User’s account or
ARENA CHALLENGE Services on account of any negligence or deficiency on the part
of ARENA CHALLENGE, but not if such suspension or removal is effected
due to:
i. any breach or
inadequate performance by the User of any of these T&Cs; or
ii. any circumstances
beyond the reasonable control of ARENA CHALLENGE.
●
Users hereby expressly consent to receiving communications such as
announcements, administrative messages and advertisements from ARENA CHALLENGE
or any of its partners, licensors or associates.
3. INTELLECTUAL PROPERTY
● ARENA CHALLENGE
includes a combination of content created by ARENA CHALLENGE, its partners,
affiliates, licensors, third party developers, associates and/or Users. The
intellectual property rights including (but not limited to) games, contests,
software, advertisements, written content, photographs, graphics, images,
illustrations, marks, logos, trade names, trade dresses, trade-marks, designs,
visual representations, images and human likenesses, audio or video clippings and
animations (“Intellectual Property
Rights“) in all software underlying the Games, ARENA CHALLENGE Services and
the ARENA CHALLENGE Platform and any material published on ARENA CHALLENGE, is
either (a) owned by ARENA CHALLENGE, its partners, licensors and/or associates
or (b) has been duly licensed by ARENA CHALLENGE so as to permit its intended
use as part of the ARENA CHALLENGE Services. Users may not use (externally,
outside the ARENA CHALLENGE Platform), modify, alter, copy, 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 Intellectual Property Rights of ARENA CHALLENGE either in whole or in part
without express written approval from ARENA CHALLENGE.
● 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 ARENA CHALLENGE (“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 the names, logos, marks, labels, trademarks, copyrights or
intellectual and proprietary rights of any third party on ARENA CHALLENGE
Platform. Users agree to indemnify and hold harmless ARENA CHALLENGE, 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 ARENA CHALLENGE, by such User, directly or indirectly or through the
User’s commissions or omissions.
● Users hereby grant to
ARENA CHALLENGE 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:
i.
displaying Users’ Content on ARENA CHALLENGE Platform;
ii.
distributing Users’ Content, either electronically or via other
media, to other Users seeking to download or otherwise acquire it;
iii.
storing Users’ Content in a remote database accessible by end
users, for a charge; and/or
iv.
distribution and the storage of Users’ Content in any form,
medium, or technology.
● All names, logos,
marks, labels, trademarks, copyrights or intellectual and proprietary rights on
the ARENA CHALLENGE Platform 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 ARENA CHALLENGE.
4. THIRD PARTY CONTENT, SERVICES AND PRODUCTS
●
ARENA CHALLENGE Platform 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. ARENA CHALLENGE does
not exercise control over any other internet sites apart from the ARENA
CHALLENGE Platform and cannot be held responsible for any content residing in
any third-party internet site. ARENA CHALLENGE Platform’s inclusion of
third-party content or links to third-party internet sites is not an
endorsement by ARENA CHALLENGE of such third-parties including their internet
sites or any other representation available to the User.
●
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 ARENA CHALLENGE 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.
●
The ARENA CHALLENGE Platform may contain content that is created
by ARENA CHALLENGE as well as content provided by third parties. ARENA
CHALLENGE does not guarantee the accuracy, integrity, quality of the content
provided by third parties and such content may not rely upon by the Users in
utilizing the ARENA CHALLENGE Services.
5. PRIVACY POLICY
All information
collected from Users, such as registration information and credit card
information, is subject to Privacy Policy https://arenachallenge.ae/privacy-policy.
6. USER CONDUCT
●
You hereby agree to abide by these T&Cs. In the event a User
does not abide by these T&Cs, ARENA CHALLENGE may, at its sole and absolute
discretion, take necessary remedial action, including but not limited to:
i.
restricting, suspending, or terminating any User’s access to all
or any part of ARENA CHALLENGE Services;
ii.
deactivating or deleting a User’s account and all related
information and files on the account; or
iii.
refraining from awarding any winnings to such User.
●
Users hereby agrees and expressly consents to provide true,
accurate, current and complete information at the time of registration and at
all other times (as required by ARENA CHALLENGE) and any actions taken by ARENA
CHALLENGE in furtherance of and based on such information shall not be
challenged by such Users. Users further agree to update and keep updated their
registration information.
●
You hereby agree and expressly consent to provide us with Your
personal information and details, to the extent required, and permit ARENA
CHALLENGE to collect, store and handle such information for the purposes of
registration on the Platform, availing ARENA CHALLENGE Services and/or playing
the Games. You also agree and expressly consent to allow all personal data to
be stored outside UAE. You further agree and expressly consent to permit ARENA
CHALLENGE to disclose your personal information and details to third party
agents, contractors, partner, etc., to the extent permitted by law and in
accordance with Privacy Policy https://arenachallenge.ae/privacy-policy.
●
A User shall not register or operate more than one User account
with ARENA CHALLENGE.
●
Users agree to ensure that they can receive all communication from
ARENA CHALLENGE by marking e-mails or sending SMSs from ARENA CHALLENGE as part
of their ‘safe senders’ list. ARENA CHALLENGE 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 or spam folder.
●
Any password issued by ARENA CHALLENGE 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 ARENA CHALLENGE 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. ARENA CHALLENGE 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 rig, modify or
interfere with Games, ARENA CHALLENGE Services and/or ARENA CHALLENGE Platform
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 Games, ARENA
CHALLENGE Platform or ARENA CHALLENGE’s Services.
●
Users agree that without ARENA CHALLENGE’s express written
consent, they shall not modify or cause to be modified any files or software
that are part of ARENA CHALLENGE’s Services or Platform.
●
Users agree not to disrupt, overburden, or aid or assist in the disruption
or overburdening of (a) any computer or server used to offer or support Games,
ARENA CHALLENGE Platform or the ARENA CHALLENGE’s Services (each a “Server“); or (2)
the enjoyment of ARENA CHALLENGE 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 ARENA CHALLENGE Services or any other
person’s use or enjoyment of ARENA CHALLENGE Services.
●
Users shall not attempt to gain unauthorised access to the User
accounts, Servers or networks connected to ARENA CHALLENGE Services by any
means other than the User interface provided by ARENA CHALLENGE Platform,
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 ARENA CHALLENGE Services.
●
Without limiting the foregoing, Users agree not to use ARENA
CHALLENGE Platform for any of the following:
i.
To engage in any obscene, offensive, indecent, racial, communal,
anti-national, objectionable, defamatory or abusive action or communication;
ii.
To harass, stalk, threaten, or otherwise violate any legal rights
of other individuals;
iii.
To publish, post, upload, e-mail, distribute, or disseminate
(collectively, “Transmit“)
any inappropriate, profane, defamatory, infringing, obscene, indecent, or
unlawful content;
iv.
To Transmit files that contain viruses, corrupted files, or any
other similar software or programs that may damage or adversely affect the
operation of another person’s computer, ARENA CHALLENGE Platform or Services,
any software, hardware, or telecommunications equipment;
v.
To advertise, offer or sell any goods or services for any
commercial purpose on ARENA CHALLENGE Platform without the express written
consent of ARENA CHALLENGE;
vi.
To download any file, recompile or disassemble or otherwise affect
our products that you know or reasonably should know cannot be legally obtained
in such manner;
vii.
To falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or the
source of software or other material;
viii.
To restrict or inhibit any other user from using and enjoying any
public area within our sites;
ix.
To collect or store personal information about other Users;
x.
To interfere with or disrupt ARENA CHALLENGE Platform or Services,
the Servers, or networks;
xi.
To impersonate any person or entity, including, but not limited
to, a representative of ARENA CHALLENGE, or falsely state or otherwise
misrepresent User’s affiliation with a person or entity;
xii.
To forge headers or manipulate identifiers or other data in order
to disguise the origin of any content transmitted through ARENA CHALLENGE
Platform or to manipulate User’s presence on ARENA CHALLENGE Platform;
xiii.
To take any action that imposes an unreasonably or
disproportionately large load on our infrastructure;
xiv.
To engage in any illegal activities. You agree to use our bulletin
board services, chat areas, news groups, forums, communities and/or message or
communication facilities (collectively, the “Forums“) only to send and
receive messages and material that are proper and related to that particular
Forum.
●
If a User chooses a username that, in ARENA CHALLENGE’s considered
opinion is obscene, indecent, abusive or that might subject ARENA CHALLENGE to
public disparagement or scorn, or a name which is an official
team/league/franchise names and/or name of any sporting personality, as the
case may be, ARENA CHALLENGE reserves the right, without prior notice to the
User, to restrict usage of such names, which in ARENA CHALLENGE’s opinion fall
within any of the said categories and/or change such username and intimate the
User or delete such username and posts from ARENA CHALLENGE, deny such User
access to ARENA CHALLENGE, or any combination of these options.
●
Unauthorized access to ARENA CHALLENGE Platform is a breach of
these T&Cs. Users agree not to access ARENA CHALLENGE Platform by any means
other than through the interface that is provided by ARENA CHALLENGE for using
or accessing ARENA CHALLENGE Platform. 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 ARENA CHALLENGE Platform is subject to existing laws and
legal processes of the Republic of India. Nothing contained in these T&Cs
shall limit ARENA CHALLENGE’s right to comply with governmental, court, and
law-enforcement requests or requirements relating to Users’ use of ARENA
CHALLENGE Platform.
●
Any issues related to Battles/Scores etc. to be taken up within
Forty-Eight (48) hours of winner declaration for the concerned Game.
●
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
ARENA CHALLENGE Platform. The Users will have to disclose their real age at the
time of getting access into the ARENA CHALLENGE Platform.
●
ARENA CHALLENGE may not be held responsible for any content contributed
by Users on the ARENA CHALLENGE Platform.
7. CONDITIONS FOR PARTICIPATION
●
By entering a Game, User agrees to be bound by these T&Cs and
the decisions of ARENA CHALLENGE. Subject to the terms and conditions
stipulated herein below, the Company, at its sole discretion, may disqualify
any user from a Game, refuse to award benefits or winnings and require the
return of any winnings, if the user engages in unfair conduct, which the
Company deems to be improper, unfair or otherwise adverse to the operation of
the Game or is in any way detrimental to other Users which includes, but is not
limited to:
●
Falsifying ones own personal information
(including, but not limited to, name, email address and/or any other
information or documentation as may be requested by ARENA CHALLENGE to enter a
Game and/or claim any winning;
●
Colluding with any other user(s) or engaging in any type of
syndicate play;
●
Any violation of Game rules or the T&Cs;
●
Accumulating points or winnings through unauthorized methods such
as automated bots, or other automated means;
●
Using automated means (including but not limited to harvesting
bots, robots, parser, spiders or screen scrapers) to obtain, collect or access
any information on the Website or of any User for any purpose
●
Any type of misuse, misuse of the Invite Friends feature, or misuse of any other offers or promotions;
●
Tampering with the administration of a Game or trying to in any
way tamper with the computer programs or any security measure associated with a
Game;
●
Obtaining other users’ information without their express consent
and/or knowledge and/or spamming other users (Spamming may include but shall
not be limited to send unsolicited emails to users, sending bulk emails to
Users, sending unwarranted email content either to selected Users or in bulk);
or
●
Abusing the Platform in any way (‘unparliamentary language, slangs
or disrespectful words’ are some of the examples of Abuse)
●
It is clarified that in case a User is found to be in violation of
these T&Cs, ARENA CHALLENGE reserves its right to initiate appropriate
civil/criminal remedies as it may be advised other than forfeiture and/or
recovery of winnings money if any.
8. REGISTRATION
●
In order to register for the Game(s), Participants will be
required to accurately provide any of the below information:
1) Mobile Number. 2) Facebook Login Details 3) Google Login
Details
●
Participants are also required to confirm that they have read, and
shall abide by, these T&Cs.
●
Once the Participants have entered the above information, and
clicked on the ‘register’ tab, and such Participants are above the age of 18
years, Participants enter platform and can start playing basis the format of
his/her choice.
9. CONTACTING USERS/PLAYERS
●
If during the participation of any winnings, it is discovered that
the users/players have not abided by these T&Cs, and other rules and
regulations in relation to the use of the Platform, Game Rules, etc.
●
Miscellaneous
i.
The decision of ARENA CHALLENGE with respect to the awarding of
winnings shall be final, binding and non-contestable.
ii.
If it is found that a Participant playing the paid formats of the
Game(s) is under the age of eighteen (18), ARENA CHALLENGE shall be entitled,
at its sole and absolute discretion, to disqualify such Participant and cancel
his/her account with immediate effect. Further, ARENA CHALLENGE may, at its
sole and absolute discretion, suspend or terminate such Participant’s account.
iii.
ARENA CHALLENGE may, at its sole and absolute discretion, vary or
modify the winning amount the amount before the gameplay being offered to
player/user. Participants shall not raise any claim against ARENA CHALLENGE or
question its right to modify such offerings/ winning, prior to closure of the
Game.
iv.
All winnings are non-transferable and non-refundable. Winnings
cannot be exchanged / redeemed for cash or kind.
10. PUBLICITY
Acceptance of any
winnings by the player/user constitutes permission for ARENA CHALLENGE, and its
affiliates to use the winner’s name, images, photographic representations,
likeness, voice and comments for advertising and promotional purposes in any
media worldwide for purposes of advertising and promotion without any further
permissions or consents and / or additional compensation whatsoever.
The player/user
further undertake that they may be contacted for promotional purposes by ARENA
CHALLENGE for carrying out certain promotional activities. The exact dates
remain at the sole discretion of ARENA CHALLENGE. Promotional activities may
include but not be limited to press events, internal meetings and
ceremonies/functions and the player/user may participate in such activities at
their own discretion.
11. GAMES OF SKILL AND LEGALITY
●
The Games offered as part of the ARENA CHALLENGE Services on the
ARENA CHALLENGE Platform are games of skill, as success of Participants depends
primarily on their superior knowledge, skill and judgment.
●
The playing of Games is purely determined by the User’s skill and
there is no intervention from the Platform in determining the outcome of the
Game. Users must apply and utilise significant knowledge and skill and invest
time and effort to win a Game.
●
By participating in this Game(s), each Participant expressly acknowledges
and agrees that he/she is participating in a game of skill.
12. UNLAWFUL OR PROHIBITED USE
You warrant to ARENA
CHALLENGE that You will comply with all applicable laws, statutes, ordinances,
regulations and treaties regarding the use of the ARENA CHALLENGE Platform, the
ARENA CHALLENGE Services and any other related activities. You further warrant
that You will not use the ARENA CHALLENGE Platform in any way prohibited by
terms contained in the T&Cs or under applicable law.
13. GENERAL CONDITIONS
●
If it comes to the notice of ARENA CHALLENGE that any
governmental, statutory or regulatory compliances or approvals are required for
conducting any Game(s) or if it comes to the notice of ARENA CHALLENGE that
conduct of any such Game(s) is prohibited, then ARENA CHALLENGE shall withdraw
and / or cancel such Game(s) without prior notice to any Participants or
player/user of any Game(s). Users agree not to make any claim in respect of
such cancellation or withdrawal of the Game in any manner.
14. RELEASE AND LIMITATION OF LIABILITY
●
Users shall access the ARENA CHALLENGE Services provided on ARENA
CHALLENGE Platform voluntarily and at their own risk. ARENA CHALLENGE 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 ARENA CHALLENGE Services (including participation in the Game(s))
or as a result of acceptance of any winnings.
●
By entering the contests and accessing the ARENA CHALLENGE
Services provided therein, Users hereby release from and agree to indemnify
ARENA CHALLENGE, and/ or any of its directors, employees, representatives,
agents, partners, associates and licensors, from and against all liability,
cost, loss or expense arising out their access to the ARENA CHALLENGE Services
/ ARENA CHALLENGE Platform 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.
●
ARENA CHALLENGE accepts no liability, whether jointly or
severally, for any errors or omissions, whether on behalf of itself or third
parties in relation to the winnings.
●
Users shall be solely responsible for any consequences which may
arise due to their access of ARENA CHALLENGE Services / ARENA CHALLENGE
Platform by conducting an illegal act or due to non-conformity with these
T&Cs and other rules and regulations in relation to ARENA CHALLENGE
Services, including provision of incorrect details / information. Users also
undertake to indemnify ARENA CHALLENGE 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 ARENA CHALLENGE on account of such act
on the part of the Users.
●
Users shall indemnify, defend, and hold ARENA CHALLENGE harmless
from any third party / entity / organization claims arising from or related to
such User’s engagement with the ARENA CHALLENGE Platform or participation in
any Game. In no event shall ARENA CHALLENGE be liable to any User for acts or
omissions arising out of or related to User’s engagement with the ARENA
CHALLENGE Platform or his/her participation in any Game(s).
●
In consideration of ARENA CHALLENGE allowing Users to access the
ARENA CHALLENGE 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 ARENA CHALLENGE, 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 ARENA CHALLENGE Services or related to the
Games or the winnings of the Games.
15.DISCLAIMERS
●
To the extent permitted under law, neither ARENA CHALLENGE 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, ARENA CHALLENGE shall not be
responsible for any harm resulting from downloading or accessing any
information or material, the quality of servers, games, products, ARENA
CHALLENGE Services or sites, cancellation of competition and winnings. ARENA
CHALLENGE disclaims any responsibility for, and if a User pays for access to
one of the ARENA CHALLENGE Services the User will not be entitled to a refund
as a result of, any inaccessibility that is caused by downtime / errors /
technical issues on the servers or the technology that underlies our sites,
failures of ARENA CHALLENGE’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,
ARENA CHALLENGE does not provide any warranty as to the content on the ARENA
CHALLENGE Platform. ARENA CHALLENGE Platform content is distributed on an ‘as is’ basis.
●
Any material accessed, downloaded or otherwise obtained through
ARENA CHALLENGE Platform 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.
●
ARENA CHALLENGE shall make best endeavours to ensure that the
ARENA CHALLENGE Platform is error-free and secure, however, neither ARENA
CHALLENGE nor any of its partners, licensors or associates makes any warranty
that:
i.
the ARENA CHALLENGE Platform / Services will meet Users’
requirements;
ii.
ARENA CHALLENGE Platform / Services will be uninterrupted, timely,
secure, or error free;
iii.
the results that may be obtained from the use of ARENA CHALLENGE
Platform / Services will be accurate or reliable; and
iv.
the quality of any products, ARENA CHALLENGE Services,
information, or other material that Users purchase or obtain through ARENA
CHALLENGE Platform will meet Users’ expectations.
●
To the extent permitted under law, neither ARENA CHALLENGE 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 ARENA CHALLENGE Services, events or Game(s) being hosted or
provided, or intended to be hosted on ARENA CHALLENGE 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 ARENA CHALLENGE
Services, events or Game(s) are hosted or provided.
●
To the extent permitted under law, in the event of suspension or
closure of any ARENA CHALLENGE Services, events or Games, Users (including
Participants) shall not be entitled to make any demands, claims, on any nature
whatsoever.
16. MISCELLANEOUS
●
ARENA CHALLENGE 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, subject to applicable laws, upon ARENA
CHALLENGE posting them on the ARENA CHALLENGE Platform or delivering them to
the User. ARENA CHALLENGE can reach out to Participants through mobile number
mentioned during the registration process.
●
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 ARENA
CHALLENGE Platform or these T&Cs must be filed within thirty (30) days of
such claim or cause of action arising or be forever barred.
●
ARENA CHALLENGE reserves the right to moderate, restrict or ban
the use of the ARENA CHALLENGE Platform, specifically to any User, or
generally, in accordance with ARENA CHALLENGE’s policy/policies from time to
time, at its sole and absolute discretion and without any notice.
●
ARENA CHALLENGE may, at its sole and absolute discretion,
permanently close or temporarily suspend the ARENA CHALLENGE Platform or any
games ARENA CHALLENGE Services (including any Game(s)).
●
ARENA CHALLENGE may from time to time conduct/organize,
promotions/offers on the Platform, the specific details of which shall be
separately provided to and be made accessible for the Users under the ‘Promotions/Offers’
tab on the Platform. No two or more promotions can be clubbed together with any
other promotions that are running simultaneously on the ARENA CHALLENGE
Platform, unless expressly permitted by ARENA CHALLENGE.
17. SEVERABILITY AND ASSIGNMENT
●
If any provision of the T&Cs is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall
attach only to such provision and the remaining part of such provision and all
other provisions of the T&Cs shall continue to be in full force and effect.
Notwithstanding the foregoing, such provision shall be enforced to the maximum
extent permissible so as to give effect to the intent as reflected by that
provision.
●
You will not transfer, assign or delegate Your rights or
obligations including Your account opened by the Platform upon registration
under the T&Cs to anyone without the express written permission of ARENA
CHALLENGE, and any attempt to do so will be null and void. ARENA CHALLENGE may
assign the T&Cs or its rights, or obligations hereunder to anyone in its
sole discretion.
18. WAIVER
ARENA CHALLENGE’s
failure to enforce any provision of the T&Cs or respond to a breach by a
User shall in no way imply a waiver of ARENA CHALLENGE’s right to subsequently
enforce any provision of the terms of the T&Cs or to act with respect to
similar breaches by a User.
19. FORCE MAJEURE
●
Except for the payment of any fees due to ARENA CHALLENGE, neither
of the parties to this Agreement shall be responsible for the failure to perform
or any delay in performance of any obligation hereunder due to labour
disturbances, accidents, fires, floods, telecommunications or Internet
failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of
law, epidemic, pandemic, cyber-attacks, acts of government, governmental
requirements and regulations or restrictions imposed by law or any other
similar conditions beyond the reasonable control of such party. The time for
performance of such party shall be extended by the period of such delay. ARENA
CHALLENGE shall also be entitled to cancel any related Game(s) and to process
an appropriate refund for all Participants.
20.
INTERPRETATION
●
Headings, subheadings, titles, subtitles to clauses, sub-clauses
and paragraphs are for information only and shall not form part of the
operative provisions of the Agreement and shall be ignored in construing the
same.
●
Words denoting the singular shall include the plural and words
denoting any gender shall include all genders.
●
The words “include” and “including” are to be construed without
limitation.
●
References to the word “Your” shall have
the same meaning as “You”.