1. Introduction
This document, referred to as the "Terms and Conditions" (hereinafter "Terms"), represents a legally binding agreement between the Stump11 Consulting Private Limited (hereinafter referred to as “Stump11”, “Portal”, "Company", ”us”, “our”, or “we”) and users on our portal (hereinafter referred to as "User" or "You"). Stump11 Consulting Private Limited a corporation duly incorporated under companies Act, 2013, with its principal place of business at 01 Hanuman Nagar, Front Railway Station, Sanganer Bazar, Sanganer, Jaipur - 302029, Rajasthan, India
These Terms govern the use of and access to the Stump11’s online gaming platform, including but not limited to its website, mobile applications, and other related services (collectively referred to as the "Service").
By accessing, registering, or utilizing the Service in any manner, the person using our platform (hereinafter refer as “User”, “you” or “Your”) acknowledge that he has read, understood, and agree to be bound by these Terms. If You do not agree with the Terms herein, You should cease the use of the Service immediately. You affirm that You possess the legal capacity to enter into these Terms as per the Indian Contract Act, 1872, and if You are representing an entity, You have the authority to bind such entity to these Terms. Certain Services offered by us could be governed by extra guidelines that are established specifically for that purpose. In the event that the additional conditions listed conflict with these terms and conditions, the additional conditions shall prevail.
The Service adheres to the Information Technology Act, 2000, the Public Gambling Act, 1867, the Indian Contract Act, 1872, and other relevant legislation and regulations applicable in India. Users are responsible for ensuring that their use of the Service complies with all applicable laws and regulations.
The Company retains the right to update or amend the Terms of Service at its discretion. Any changes made will be effectively communicated to users as deemed appropriate by the Company. This may include, but is not limited to, notifications on the Service, emails, or other communication methods as chosen by the Company. Users are encouraged to review the Terms regularly to remain informed of any updates. Continued use of the Service after such updates constitutes the user's acceptance of the new Terms.
In alignment with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, we are committed to protecting your data. Our Privacy Policy, which is an integral part of these Terms, details our data handling practices.
We adhere to the Consumer Protection Act, 2019, ensuring that your rights as a consumer are respected and protected while using our Service.
These Terms, your use of the Service, and any disputes arising thereof shall be governed and construed in accordance with the laws of India, and subject to the exclusive jurisdiction of the courts in Jaipur, Rajasthan, India.
2. Eligibility Criteria and Jurisdictional Usage
This Service is available only to individuals who are at least 18 years of age or have reached the age of majority as per their local jurisdiction, whichever is higher. By registering for this Service, users affirm their compliance with this age requirement. The Service is explicitly not intended for use by those who do not meet this age criterion.
To utilize specific features of our Service, the creation of a user account is mandatory. Users are required to provide accurate, current, and comprehensive information during the registration process and are obligated to update this information to maintain its accuracy and completeness.
Users are solely responsible for maintaining the confidentiality and security of their account passwords and any other credentials associated with their account. The Company disclaims any liability for losses or damages resulting from a user's failure to adequately secure their account information.
In alignment with legal and regulatory requirements, the Company reserves the right to conduct a verification process for users. This process may necessitate users to furnish additional information and documents to confirm their identity, age, and eligibility to use the Service.
Users of the Service represent and warrant that their usage complies with all applicable laws and regulations. Any use of the Service in a manner that contravenes these laws and regulations is strictly forbidden. They assure that all information they provide to the Company, whether at the time of registration or during subsequent use of the Service, is truthful, accurate, and comprehensive.
Users agree not to engage in any activity that disrupts, impairs, or adversely affects the Service or its associated servers and networks. Engaging in or facilitating illegal activities, including but not limited to fraud, money laundering, or unauthorized gambling activities, particularly in jurisdictions where such activities are illegal, is strictly prohibited under this Service.
The design and operation of our Service comply with the legal framework of India. While it is accessible internationally, it may not be suitable or legal for use in some jurisdictions outside India. Users are responsible for ensuring that their access to and use of the Service is lawful in their specific location.
3. Adherence to Terms of Service
By using our Service, You acknowledge your agreement to fully comply with these Terms and Conditions, our Privacy Policy, and any other related policies or guidelines. Non-compliance with these terms may lead to suspension or termination of the user's account.
Users are prohibited from utilizing the Service for any unlawful purposes. This includes adherence to all applicable laws and regulations, particularly those relating to intellectual property, privacy, and anti-spam legislation.
Users agree to engage in fair play at all times. This specifically excludes cheating, exploiting any bugs or flaws in the Service, and the use of unauthorized third-party software that may provide an unfair advantage.
Responsibility for User-Generated Content
Users are solely responsible for any content they create, upload, post, or otherwise disseminate through the Service. Users warrant that they possess all necessary rights to such content and ensure that it does not infringe or violate any third-party rights.
Reporting Misconduct
Users are encouraged to report any misuse of the Service, violations of these Terms, or any other suspicious activities to the Company.
Account Security
Users are responsible for maintaining the confidentiality of their account information, including passwords, and are accountable for all activities occurring under their account.
Legal Compliance
Users must use the Service in strict compliance with all applicable local, state, national, and international laws and regulations.
Indemnification
Users agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, including legal fees and expenses, arising from their use of the Service, any breach of these Terms, or any infringement of third-party rights.
Game Rules
Participants are required to meticulously comprehend and strictly adhere to the regulations governing each game provided on the Service. These comprehensive rules, elucidated on our platform, are subject to periodic updates and may vary depending on the specific characteristics of each game.
Fair Play
A cornerstone of our gaming ethos is the expectation that all participants engage in fair play, demonstrating not only strict adherence to the stipulated rules but also embracing the spirit of equitable competition. Fair play extends beyond mere rule compliance to encompass ethical conduct, fostering an environment conducive to enjoyable and sportsmanlike gameplay.
Each game hosted on our platform features distinctive rules, scoring mechanisms, and nuanced gameplay procedures. It is imperative for participants to proactively familiarize themselves with these intricacies, ensuring a comprehensive understanding of the specific dynamics before embarking on their gaming journey.
The Company, in its commitment to providing an optimal gaming experience, reserves the right to modify, amend, or even discontinue any game or segment of the Service. Participants are advised that such modifications may occur with or without prior notice, emphasizing the dynamic nature of our gaming ecosystem.
To uphold the integrity of our gaming community, participants are not merely expected but required to maintain the highest standards of sportsmanship. This includes refraining from the use of offensive language, engaging in any form of harassment, and strictly avoiding any activities that may compromise the integrity of the game, such as cheating or exploiting loopholes.
In the unlikely event of a dispute arising from a game, participants can be assured that the Company's decision will be meticulous and impartial. The determination will be based on a thorough examination of the game rules and terms outlined herein, ensuring a fair and equitable resolution.
While the Company endeavours to provide a seamless gaming experience, participants acknowledge that interruptions to gameplay may occur. These interruptions may include but are not limited to technical glitches, network failures, or scheduled system maintenance.
In instances of significant service interruptions, the Company, in its discretion, may provide compensation or other remedies deemed appropriate. This underscores our commitment to ensuring that participants enjoy a fair and rewarding gaming experience despite unforeseen technical challenges.
4. Intellectual Property Rights
Ownership of Content
All content featured on the Service, including but not limited to text, graphics, logos, images, and their compilation, as well as any software utilized on the Service, is the exclusive property of the Company or its suppliers. This content is safeguarded by copyright and other pertinent intellectual property laws.
User-Generated Content
While utilizing the Service, you may have the capability to upload or generate content. You maintain complete rights to, and bear sole responsibility for, the user-generated content you post on the Service.
By posting content on the Service, you hereby grant the Company a non-exclusive, global, royalty-free, perpetual, irrevocable license. This license empowers the Company to utilize, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display said content.
Prohibited Use
You explicitly agree not to replicate, modify, distribute, sell, or lease any portion of our Service. Additionally, you shall refrain from attempting to reverse engineer or extract the source code of the software, unless granted explicit written permission from the Company.
Trademarks
The trademarks, logos, and service marks exhibited on the Service are the exclusive property of the Company or other third parties. Unauthorized usage of these Marks is strictly prohibited without obtaining prior written consent from the Company or the relevant third party holding ownership of the Mark.
Copyright Infringement
If you have reason to believe that your copyright or intellectual property rights have been violated by content on the Service, you are encouraged to submit a claim to the Company in accordance with our Copyright Policy. Your submission will prompt a thorough review and appropriate action in line with our commitment to protecting intellectual property rights.
5. Privacy Policy
Data Collection and Usage
You acknowledge and agree that the Company may collect, store, and use personal information and data including Sensitive personal information (SPI) in strict adherence to our Privacy Policy, which is seamlessly integrated into these Terms.
By utilizing the Service, you expressly consent to the collection, storage, and utilization of your personal information including SPI, as delineated in our Privacy Policy. This includes, but is not limited to, the potential transfer of this information within and outside of India for secure storage, processing, and use by the Company.
Security of Information
The Company employs robust security measures to safeguard your information from any unauthorized access, alteration, disclosure, or destruction. It is imperative that you take responsibility for maintaining the confidentiality of your account information. Furthermore, you are obligated to restrict access to your computer or device through which you access the Service.
Data Retention
The Company is committed to retaining your personal information for the duration of your account's activity or as long as necessary to provide you with services. This retention also aligns with our legal obligations, the resolution of disputes, and the enforcement of our agreements.
User Rights
You possess the unequivocal right to access, update, and correct inaccuracies in your personal information under our custody and control. This right is subject to certain exceptions prescribed by law.
Cookies and Tracking Technologies
The Service may employ "cookies" and other tracking technologies with the primary objective of enhancing user experience. These technologies are utilized to analyze trends, administer the website, track users' movements around the website, and gather demographic information about our user base as a whole.
This comprehensive Privacy Policy ensures a secure and transparent environment for users of the Service, aligning with legal standards and industry best practices.
6. Financial Transaction Policy
Financial Transaction Protocols
Users are entitled to fund their accounts through various accredited deposit methods detailed on the Service. These methods must be strictly in line with the extensive financial regulations of India, particularly focusing on the nuances of transactions.
In accordance with financial guidelines and to maintain the integrity, the Company sets forth specific limits on the amount that can be deposited, both per transaction and over designated intervals. This is crucial for maintaining a balanced and responsible gaming environment.
Withdrawals are facilitated through methods that are rigorously vetted and approved by the Company, as outlined on the Service. To uphold financial security and integrity, the Company requires a detailed verification process before approving withdrawal requests, especially in the context of high-stake transactions on portal.
In accordance with financial guidelines and to maintain the integrity, the Company sets forth specific limits on the amount that can be deposited, both per transaction and over designated intervals. This is crucial for maintaining a balanced and responsible gaming environment.
The Company imposes restrictions on the withdrawal amounts, with specific focus on the minimum and maximum amounts that can be withdrawn per transaction and within certain timeframes. These parameters are vital for ensuring compliance with financial regulations specific for online gaming.
Refunds are processed at the discretion of the Company, adhering to the detailed terms set in the Refund Policy. This policy is particularly tailored to address scenarios unique to fantasy cricket gaming, ensuring fairness and transparency in transactions.
Dynamics of Transaction Processing
The processing times for deposits and withdrawals will vary based on the chosen method. Given the nature of our platform, these times may be subject to delays beyond the Company’s control, particularly during peak gaming seasons or major cricketing events.
Rigorous Adherence to Prevention from Money Laundering Laws
All financial transactions must align with the stringent Prevention from Money Laundering laws of India. This is critical given the high volume and frequency of transactions typical on online gaming platforms. The Company is obligated to monitor and report any suspicious transactions to the relevant authorities in accordance with Prevention from Money Laundering guidelines.
7. Legal Framework on Winnings, Bonuses, and Taxation Compliance
Allocation and Calculation of Winnings
The calculation of winnings for each contest is anchored in a detailed interpretation of game-specific rules and the established payout schema. Our Portal provides an in-depth explication of these calculations, ensuring users can access and understand the nuances of the computation logic.
Winnings are meticulously credited to the user's account on Our Portal. Each user's dashboard is designed to offer a granular view of their financial transactions, including chronological history of all transactions, ensuring a high level of financial transparency.
Comprehensive Policy on Bonuses and Promotions
Our Company's offerings of bonuses, rewards, or promotional engagements are governed by a robust set of terms and conditions, tailored for each campaign. These criteria are designed to maintain equitable access while ensuring compliance with legal stipulations. Bonuses are encumbered with specific legal conditions, including wagering requirements and defined temporal constraints. It’s crucial to note that these bonuses, in the context of tax computations, are classified as taxable deposits, thus influencing the net winnings calculation as per the provisions of the Income Tax Act.
Exhaustive Tax Compliance Framework
Users are legally bound to report and remit taxes on winnings in alignment with the directives of the Income Tax Act, 1961. Our Company plays a facilitative role by providing relevant documentation, such as TDS certificates, for winnings where tax has been deducted at source.
In line with Section 194BA of the Income Tax Act, 1961, we execute TDS deductions at a statutory rate of 30% on net winnings from online gaming. This procedure is applied both during the withdrawal of funds from the user account and on residual amounts at the end of the financial year. For winnings awarded in kind or as a combination of cash and kind, our Company ensures the pre-payment of applicable taxes before the disbursement of such winnings. The Company adheres to strict deadlines for the remittance of TDS to the government and is accountable for the quarterly filing of TDS returns ensuring compliance with the statutory timelines. Users must report income from winnings under 'Income from Other Sources' while filing Income Tax Returns, in accordance with tax law provisions. Income accrued from winnings is not eligible for deductions under Chapter VI A and is excluded from the calculation of the basic tax exemption limit as per the Income Tax Act, 1961.
Beginning October 1, 2023, a Goods and Services Tax (GST) rate of 28% will be applied to all amounts deposited by users into their Unutilised Amount Account on the Stump11 platform. This tax rate is in accordance with the applicable GST laws in India. The implementation of this tax is a legal compliance measure, ensuring that the platform adheres to the financial regulations set forth by the government.
For transparency and record-keeping, users have the ability to view the GST charged on each deposit they make. This information can be accessed through detailed invoices provided by the platform. These invoices will itemize the deposits made and the corresponding GST charged, offering users clarity on how much tax they are paying and ensuring that they have the necessary documentation for their financial records.
8. Legal Articulation of Liability Limitations
Limitation of Liability Framework
We explicitly disclaims liability for any interruptions in service, including but not limited to, system malfunctions, internet connectivity issues, or website downtime. This exemption extends to any impacts these interruptions may have on user access or usage of the Service. We unequivocally state that under no circumstances will it bear liability for any indirect, incidental, consequential, or punitive damages that may arise from the utilization of the Service. This includes, but is not limited to, losses related to profits, data, or goodwill. The legal underpinning for this limitation is grounded in the principle of reducing the company's exposure to extensive financial liabilities that could arise from unpredictable and indirect consequences of using the Service.
Explicit Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis. The Company makes no warranties, either express or implied, regarding the Service. This includes the absence of guarantees pertaining to merchantability, suitability for a specific purpose, or non-infringement. The intent of this disclaimer is to explicitly inform users that the Company does not assume any legal duty to ensure the Service meets certain quality standards or specifications.
9. Dispute Resolution Framework
Judicial Dispute Resolution Framework
In the event of a dispute, users are first directed to contact the Company’s customer support team. This initial step is designed to provide a direct and effective means for addressing and potentially resolving disputes informally. The focus here is on open communication and problem-solving, with the aim of finding an amicable resolution that avoids legal proceedings, thereby preserving the user-company relationship.
If the dispute remains unresolved after the initial engagement with customer support, it will be subject to resolution within the judicial system. This means that the dispute shall be brought before and exclusively resolved by the appropriate court within the jurisdiction of Jaipur, Rajasthan, India. This provision is intended to ensure that both the user and the Company are subject to a formal, structured legal process, providing an avenue for resolution that is overseen by the judicial system. It offers a forum for presenting evidence, legal arguments, and ensures that the decision is made in accordance with the law.
Governing Law and Jurisdiction
The relationship between the user and the Company, including the Terms of Service and any disputes arising from or related to them, shall be governed by and construed in accordance with the laws of India. In specifying India as the jurisdiction, the clause ensures a clear legal framework for both parties. The stipulation that Indian law governs the Terms of Service, regardless of the user’s geographical location, provides clarity and consistency, ensuring that legal disputes are interpreted and adjudicated under a single jurisdiction. This clause excludes the application of conflict of law principles, which might otherwise introduce complexities arising from the application of multiple jurisdictions’ laws.
10. Provisions for Amendments to Terms and Conditions
Protocol for Updating Terms
We retain the explicit right to modify, revise, update, or alter these Terms and Conditions at any time, at its exclusive discretion. This right is exercised to ensure that the Terms remain aligned with evolving legal requirements and reflect any changes or advancements in our Services. The exercise of this right ensures that the Terms are consistently updated to provide clear and current guidelines for users and the Company alike. Users may be proactively informed of any significant alterations to the Terms through notifications on the Service or via email at the discretion of company. Along with user bear the responsibility of periodically reviewing these Terms to remain informed of any updates or changes. This proactive review is essential for users to understand their rights and obligations under the revised Terms. This step is crucial for maintaining transparency and keeping users informed of any changes that might affect their use of the Service. The act of continuing to use the Service post-notification of such changes will be interpreted as the user's acceptance of the revised Terms. The date of the latest revision or update will be prominently displayed at the top of the Terms to facilitate easy tracking of changes.
11. Policy on Termination and Suspension
Account Termination Protocols
As a user, you are empowered to terminate your account at any point. This can be done through the account settings interface on our Portal or by reaching out to customer support. This provision is designed to respect the autonomy of users in managing their engagement with the Service, allowing for a seamless and user-driven termination process.
We maintain the unilateral right to terminate or suspend your account without prior notice. This action is reserved for instances where the Company determines that a user's conduct is in breach of these Terms, or is deemed detrimental to other users, the Company's business operations, or third parties. This clause is a protective measure, ensuring the integrity of the Service and safeguarding the interests of all parties involved. Following account termination, the disposition of any remaining balance in your account will be governed by the applicable legal requirements and the stipulations of these Terms. This could entail the payout of the remaining balance or its forfeiture, dependent on the specific circumstances and legal mandates.
Certain sections of these Terms, particularly those related to intellectual property rights, indemnification, limitations of liability, and the governing law, will continue to be in effect even after the termination of the Terms. This continuation is critical to protect legal rights and obligations that inherently extend beyond the duration of the Terms
Procedures for Account Termination
As a user of the Service, have the full authority to terminate your account at your discretion. This can be facilitated either through the account settings on Our Portal or by directly contacting customer support. This process is designed to empower you with control over your participation in the Service, ensuring that you can disengage at any time according to your personal choice.
We reserve the unequivocal right to terminate or suspend your account without prior notice. This measure is taken in scenarios where the we perceives your conduct as a violation of these Terms or as harmful to other users, the Company’s operations, or external parties. This clause acts as a safeguard, preserving the integrity and security of the Service, and protecting the community and the Company from potential adverse actions.
In the event of account termination, the handling of any residual balance in your account will be conducted in line with the prevailing legal requirements and the provisions outlined in these Terms. This may include the distribution or forfeiture of the remaining balance, contingent upon the specific circumstances of the termination and legal obligations. Specific sections of these Terms, notably those concerning intellectual property rights, indemnification, limitations of liability, and the applicable governing law, will persist beyond the termination of the Terms. The enduring nature of these clauses is crucial in upholding legal and ethical obligations and rights that naturally extend beyond the temporal scope of the Terms.
12. Provisions for Contact Information
Customer Support System
For any inquiries, concerns, or assistance needed in relation to the Service, users are encouraged to reach out to the Company’s dedicated customer support team. Comprehensive contact details, including but not limited to email addresses and phone numbers, are readily available on the Service’s website and within the mobile application. This provision is intended to facilitate easy access to support services, ensuring users can receive prompt and effective assistance.
The Company is committed to addressing user inquiries and resolving issues efficiently, with the aim to respond within a clearly defined timeframe, typically spanning a specified number of business days. This commitment underscores the Company’s dedication to providing a responsive and user-centric support experience.
Legal Communication Protocol
For communications pertaining to legal matters, including legal notices or other legal-related queries, users are directed to engage with the Company’s designated legal department. Detailed contact information for legal correspondence is made available on the Service or can be provided upon request. This directive ensures that legal communications are handled by the appropriate department, facilitating an accurate and professional response to such matters.
13. Acknowledgment and Acceptance of Terms
Explicit User Agreement
By engaging with the Service, users affirmatively acknowledge that they have thoroughly read, comprehended, and accepted these Terms and Conditions. This acknowledgment extends to any future amendments or updates that may be made to these Terms. The intent of this clause is to establish a clear understanding that the use of the Service is governed by these Terms and that users agree to abide by them as a condition of their continued use of the Service.
User Consent
The act of using the Service is considered a definitive expression of the user's explicit consent to these Terms. Users might be prompted to manifest this consent in a more formal manner, such as through a click-through agreement or a similar affirmative action. This process ensures that users are not only aware of the Terms but also provide an unmistakable indication of their agreement to them.
