Terms And Conditions
The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to The iTap Application and the terms “Visitor” ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit the iTap Application (“App”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this App. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and/or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organization's or entity’s written permission.
ACCEPTABLE APPLICATION USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the iTap Application, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the iTap Application in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
You must be 18 years of age, or the age of majority in your province, territory or country, to use our service. Minors may only use the service under the supervision of an adult.
INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of iTap Application or their breach of the terms .
LIABILITY
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
OFFLINE DOWNLOAD SUBSCRIPTION
Your iTAP Offline-Download membership will continue until terminated. To use the service you must have Internet access for Download and a iTAP ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
BILLING AND CANCELLATION (OFFLINE DOWNLOAD SUBSCRIPTIONS)
(A) BILLING CYCLE
The membership fee for the iTAP - Offline Download service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date as per the plan chosen by you. The length of your billing cycle will depend on the type of subscription that you choose when you purchase the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit “Manage Subscriptions” in More tab from the app to Manage and Cancel your active subscriptions.
(B) PAYMENT METHODS
To use the iTAP - Offline Download service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
(C) Updating your Payment Methods
iTAP uses Razorpay for Subscriptions against Offline Download service and does not hold the details related to your cards. You can manage your payment methods by logging in to your Razorpay account or by visiting the links provided in the emails sent to you by Razorpay during successful transactions.
(D) Cancellation
You can cancel your Offline Download service subscription at any time, and you will continue to have access to the Offline Download service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched content. To cancel, visit “Manage Subscriptions” in More tab from the app and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for Offline Download service subscription using your account with a third party as a Payment Method and wish to cancel your subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Offline Download Service subscription through that third party.
(E) Changes to the Price and Subscription Plans
We may change our subscription plans and the price of our service from time to time.
Usage of ITAP Entertainment & Gaming
ITAP Entertainment & Gaming shall be entitled to modify these Terms and Conditions, rules,
regulations and terms of use referred to herein or provided by ITAP Entertainment & Gaming in
relation to any ITAP Entertainment & Gaming Services, at any time, by posting the same on ITAP
Entertainment & Gaming. Use of ITAP Entertainment & Gaming constitutes the User's
acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein
or provided by ITAP Entertainment & Gaming in relation to any ITAP Entertainment & Gaming
Services, as may be amended from time to time.
ITAP Entertainment & Gaming may, at its sole and absolute discretion:
Restrict, suspend, or terminate any User's access to all or any part of ITAP Entertainment &
Gaming or ITAP Entertainment & Gaming Platform Services;
Change, suspend, or discontinue all or any part of the ITAP Entertainment & Gaming Platform
Services;
Reject, move, or remove any material that may be submitted by a User;
Move or remove any content that is available on ITAP Entertainment & Gaming Platform;
Deactivate or delete a User's account and all related information and files on the account;
Establish general practices and limits concerning use of ITAP Entertainment & Gaming
Platform;
Users consent to receiving communications such as announcements, administrative messages
and advertisements from ITAP Entertainment & Gaming or any of its partners, licensors or
associates.
Intellectual Property
ITAP Entertainment & Gaming includes a combination of content created by ITAP
Entertainment & Gaming and its partners. The intellectual property rights ("Intellectual
Property Rights") in all software underlying ITAP Entertainment & Gaming and the ITAP
Entertainment & Gaming Platform and material published on ITAP Entertainment & Gaming,
including (but not limited to) games, Contests, software, advertisements, written content,
photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash
animation, is owned by ITAP Entertainment & Gaming and its partners. Users may not modify,
publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of,
distribute, publicly perform, publicly display, or in any way exploit any of the materials or
content on ITAP Entertainment & Gaming either in whole or in part without express written
license from ITAP Entertainment & Gaming
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 ITAP Entertainment &
Gaming ("Users' Content").
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on
ITAP Entertainment & Gaming(s) belonging to any person (including User), entity or third party
are recognized as proprietary to the respective owners and any claims, controversy or issues
against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary
rights must be directly addressed to the respective parties under notice to ITAP Entertainment
& Gaming.
Third Party Sites, Services and Products
ITAP Entertainment & Gaming 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. ITAP Entertainment & Gaming does not exercise control over any Internet sites apart from
ITAP Entertainment & Gaming and cannot be held responsible for any content residing in any
third-party Internet site.
Users' correspondence, transactions/offers or related activities with third parties, including
payment providers and verification service providers, are solely between the User and that
third party.
Privacy Policy
All information collected from Users, such as registration and credit card information, is subject
to ITAP Entertainment & Gaming’ Privacy Policy
User Conduct
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of
use of the Website. In the event User does not abide by these Terms and Conditions and all other
rules, regulations and terms of use, ITAP Entertainment & Gaming may, at its sole and absolute
discretion, take necessary remedial action, including but not limited to:
restricting, suspending, or terminating any User's access to all or any part of ITAP
Entertainment & Gaming Services;
deactivating or deleting a User's account and all related information and files on the account.
Any amount remaining unused in the User's Game account or Winnings Account on the date of
deactivation or deletion shall be transferred to the User's bank account on record with ITAP
Entertainment & Gaming subject to a processing fee (if any) applicable on such transfers as set
out herein; or
Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised
third party software designed to modify or interfere with ITAP Entertainment & Gaming
Services and/or ITAP Entertainment & Gaming 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
ITAP Entertainment & Gaming or ITAP Entertainment & Gaming’ Services.
Users agree that without ITAP Entertainment & Gaming’ express written consent, they shall not
modify or cause to be modified any files or software that are part of ITAP Entertainment &
Gaming’ Services.
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 ITAP Entertainment & Gaming or the ITAP
Entertainment & Gaming’ Services (each a "Server"); or (2) the enjoyment of ITAP
Entertainment & Gaming 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 ITAP
Entertainment & Gaming Services or any other person's use or enjoyment of ITAP
Entertainment & Gaming Services.
Eligibility
The Contest(s) are open only to persons above the age of 18 years.
The Contest(s) are open only to persons, currently residing in India.<
ITAP Entertainment & Gaming may, in accordance with the laws prevailing in certain Indian
states, bar individuals residing in those states from participating in the Contest(s). Currently,
individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh or
Telangana may not participate in the paid version of the Contest as the laws of these states are
unclear/ bar persons from participating in games of skill where participants are required to pay
to enter.
Persons who wish to participate must have a valid email address.
ITAP Entertainment & Gaming may on receipt of information bar a person from participation
and/or withdrawing winning amounts if such person is found to be one with insider knowledge
of participating teams in any given contests/match, organizing boards, leagues etc. Any
winnings/wallet balances of such a person shall be forfeited.
Only those Participants who have successfully registered on the ITAP Entertainment & Gaming
as well as registered prior to each match in accordance with the procedure outlined above shall
be eligible to participate in the matches and win prizes.
Payment Terms
In respect of any transactions entered into on the ITAP Entertainment & Gaming platform,
including making a payment to participate in the paid versions of Matches(s), Users agree to be
bound by the following payment terms:
The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive
of the pre-designated platform fee for access to the ITAP Entertainment & Gaming Services
charged by ITAP Entertainment & Gaming and pre-determined participant’s contribution
towards prize money pool.
The withdrawals can only be made by the user if the total balances in his wallet amounts to not
less than INR 500.
Subject to these Terms and Conditions, all amounts collected from the User are held in a
separate non-interest earning bank Accounts.
1. User's winnings in any Matches will reflect as diamonds in the User's Wallet Balance. 1 diamond
= Re.1/-.
Withdrawal of any amount standing to the User's credit in the Wallet Balance account may be
made by way of a request to ITAP Entertainment & Gaming in 7 days from the date on which
request has been made. ITAP Entertainment & Gaming shall effect an online transfer to the
User's bank account on record with ITAP Entertainment & Gaming within a commercially
reasonable period of time.
Users agree that once they confirm a transaction on ITAP Entertainment & Gaming, they shall be
bound by and make payment for that transaction.
Verification process
Only those Winners who successfully complete the verification process and provide the
required documents within the time limit specified by ITAP Entertainment & Gaming shall be
permitted to withdraw/receive their accumulated winnings/balance (or any part thereof). ITAP
Entertainment & Gaming shall not entertain any claims or requests for extension of time for
submission of documents.
ITAP Entertainment & Gaming shall scrutinize all documents submitted and its decision is sole
and absolute.
Taxes Payable
All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. The TDS
rate prescribed by the Government of India with respect to any prize money amount that is in
excess of Rs. 10,000/- is 30% . TDS of 30% shall be deducted on Net Winnings (prize money
amount - contest entry amount - cash bonus). In case of any revisions by the Government of
India to the aforementioned rate in the future, TDS will be deducted by ITAP Entertainment &
Gaming in accordance with the then current prescribed TDS rate. Winners will be provided TDS
certificates in respect of such tax deductions. The Winners shall be responsible for payment of
any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the
prize money.
Legality of Game of Skill
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations
including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of
Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil
Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon
the superior knowledge, training, attention, experience and adroitness of the player shall be
classified as a game of skill.
Publicity
Acceptance of a prize by the Winner constitutes permission for ITAP Entertainment & Gaming,
and its affiliates to use the Winner's name, likeness, voice and comments for advertising and
promotional purposes in any media worldwide for purposes of advertising and trade without
any further permissions or consents and / or additional compensation whatsoever.
Dispute and Dispute Resolution
The courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any
and all disputes arising out of, or in connection with, the ITAP Entertainment & Gaming Services
provided by ITAP Entertainment & Gaming (including the Contest(s)), the construction, validity,
interpretation and enforceability of these Terms and Conditions, or the rights and obligations of
the User(s) (including Participants) or ITAP Entertainment & Gaming, as well as the exclusive
jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration
as given below. All such issues and questions shall be governed and construed in accordance
with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the
party raising the dispute shall provide a written notification ("Notification") to the other party.
On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In
the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of
Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Delhi, India. All arbitration proceedings shall be conducted in
English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as
amended from time to time.
Release and Limitations of Liability
Users shall access the ITAP Entertainment & Gaming Services provided on ITAP Entertainment
& Gaming voluntarily and at their own risk. ITAP Entertainment & Gaming 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 ITAP Entertainment & Gaming Services
(including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the ITAP Entertainment & Gaming Services provided
therein, Users hereby release from and agree to indemnify ITAP Entertainment & Gaming, and/
or any of its directors, employees, partners, associates and licensors, from and against all
liability, cost, loss or expense arising out their access to the ITAP Entertainment & Gaming
Services including (but not limited to) personal injury and damage to property and whether
direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part,
or otherwise.
ITAP Entertainment & Gaming accepts no liability, whether jointly or severally, for any errors or
omissions, whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to their access of
ITAP Entertainment & Gaming Services by conducting an illegal act or due to non-conformity
with these Terms and Conditions and other rules and regulations in relation to ITAP
Entertainment & Gaming Services, including provision of incorrect address or other personal
details. Users also undertake to indemnify ITAP Entertainment & Gaming 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 ITAP Entertainment & Gaming on account of such act on the part of the Users.
For Razorpay Terms & Conditions, please visit: https://razorpay.com/terms/ For Razorpay Privacy Policy, please visit: https://razorpay.com/privacy/
