Terms And Conditions
- The Site is operated by Kassels Services private Ltd, Registered in INDIA. At this stage of the Platform development, this Site is entirely for free, and no risking of any money is required in order to use it. Therefore, all Events and/or Predictions made via the Site are entirely risk-free, however, this is subject to change.
- These “Terms and Conditions“ govern user use of the platform provided to the user by the Company. These Terms and Conditions should be read carefully by the user in their entirety prior to the user use of the Platform and/or Site. Please note that these Terms and Conditions constitute a legally binding agreement between You and the Company.
II.Subordination to the Terms and Conditions and the Binding Effect Thereof
- By using Fancium.com, registering at Fancium.com, or by making use of the Platform, You agree to be bound by and to act in accordance with the Terms and Conditions, as they may be updated from time to time, without any reservation.
- Kassels services private LTD reserves its right to amend these Terms and Conditions at any time, in its sole and absolute discretion. You will be informed of such amendment by placing the amended version of the Terms and Conditions on the Site. Failure to confirm such amendment will prevent You from continuing using the Site and/or Platform. If You do not wish to be bound by such amendment You must stop using the Site and Platform.
- These Terms and Conditions supersede all prior agreements between the parties in relation to its subject matter and constitute the entire and whole agreement between You and the Company. You confirm that, in agreeing to accept these Terms and Conditions, You have not relied on any representation except for any express representation made by the Company in these Terms and Conditions.
III. Who can participate?
- The user may only use the Site and/or Platform if You comply with all of the following:
- The user must be at least eighteen (18) years old or of legal age, as determined by the laws of the country where the user lives (whichever is higher); and
- The user should not violate any law or regulation as a result of using the Site and/or Platform. In this context, You agree that if You reside or are present in any jurisdiction that prohibits using the Site and/or Platform (including without limitation any of the Restricted Territories) You shall not participate in the prohibited activity.
- The Site and/or Platform are intended only for users who are not prohibited by the laws of any applicable jurisdiction from creating Events, making Trades and Predictions. The Company does not intend to enable You to contravene applicable law. You represent, warrant and agree to ensure that Your use of the Site and/or Platform will comply with all applicable laws, statutes, and regulations. The offering or availability of the Site and/or Platform shall not be deemed or interpreted as an offer or invitation by Us to use the Site and/or Platform, if You reside in a place in which such use is currently forbidden by law (including without limitation the Restricted Territories), or where the Company, in its sole discretion, elects not to offer Site and/or Platform. You shall be solely responsible for determining whether Your use of the Site and/or Platform is legal in the place where You live and/or use the Site and/or Platform. We make no representations or warranties, express or implied, concerning the legality of the Site and/or Platform and/or of any person’s use of the Site and/or Platform, and shall not be responsible for any illegal use of the Site and/or Platform by You. It is Your responsibility to ensure that You comply with any and all laws applicable to You before using the Site and/or Platform. If You have any concerns, You should consult with legal counsel in the applicable jurisdiction about the legality of Your use of the Site and/or Platform. The Company reserves the right at any time to request from You evidence of age and if satisfactory proof of age is not provided within 72 hours of requesting such proof, then You shall be prohibited from using the Site and Platform. In the event that it is found that You are under the age of 18 or the legal age as determined by the laws of the country where You live (whichever is higher), then the Company shall cease Your use of the Site and Platform.
IV. The User Representations
- The user represents, warrant, acknowledge and undertake that: (i) The user has verified and determined that the user use of the Site and/or Platform does not violate any laws or regulations of any jurisdiction that applies to the user, (ii) The user is solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or another levy that may be payable due to the user use of the Site and/or Platform, (iii) The user will use the Site and Platform in good faith towards the Company and others using the Site and/or Platform, (iv) the Company may at its sole and absolute discretion, decide whether to allow the user to use the Site and/or Platform and/or whether to cease Your use of the Site and/or Platform, (vi) The user shall indemnify Us and hold Us harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of these Terms and Conditions by the user, and any other liabilities arising out of the user use of the Site and/or Platform.
- All promotions, prizes, awards or special offers are subject to promotion-specific terms and conditions Please review such promotion-specific terms and conditions that are applicable to the relevant promotion.
- The Company reserves the right to withdraw any promotion, award, prize or special offer at any time. In the event that the Company believes You are abusing or attempting to abuse any award or other promotion, or are likely to benefit through abuse or lack of good faith, then the Company may, at its sole and absolute discretion, deny, withhold or withdraw from You any award or promotion and/or rescind any policy with respect to You, either temporarily or permanently.
- The Company reserves the right to prevent players from certain jurisdictions from participating and being eligible for any or all promotions and awards, at its sole and absolute discretion.
VI. Authorities of the Company
- The Company shall make commercially reasonable efforts to prevent any malfunctioning in the Site’s and Platform’s activity. However, in any event of a technical failure (or any other error) in the Site’s and/or Platform’s systems for any reason whatsoever, the Company will be entitled to cancel any Events and or Predictions, concerning which the malfunctioning has occurred, without being liable to You in any form or manner.
- The Company reserves the right to cancel, terminate, modify or suspend the Site and/or Platform if for any reason, the Site and/or Platform cannot be operated as planned, including, but not limited to, infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures as well as any other causes beyond the control of the Company. If any errors result in awarding prize pool to You or in an increase in prize pool paid to You, You shall not be entitled to the prize pool. You shall immediately inform the Company of the error and shall repay the prize pool or amount credited to You in error to the Company (as directed by the Company) or the Company may, at its discretion, set off such amount against any amount owed to You by the Company.
- The Company reserves the right to limit, refuse or cancel any Event and/or Prediction made by You, where the Company believes that any act of fraud or any other act of bad faith has been taken against the Company or any third party, whether by You or by any third party, without being liable to You in any form or manner.
- The Company shall be entitled, at its sole discretion, to amend, modify, or discontinue, from time to time, any of part of the Site and/or Platform, and/or awards and/or promotions and/or introduce new features of the Site and/or Platform and/or new awards and/or promotions. We shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against Us in such regard.
VII. Reservations concerning Our Responsibility
- We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect loss which arises from these occurrences. We are not responsible for any problems or technical malfunction of any network or lines, Wi-Fi, Bluetooth, computers, systems, servers or providers, computer equipment, software or email on account of technical problems or traffic congestion on the internet or at any website, mobile site or mobile application. We shall not be responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Site and/or Platform or which will result in damage to Your hardware and/or software and/or data.
- In no event shall We be liable for any direct, indirect, incidental, special or consequential damages or damages for loss of profits, revenue, data or use incurred by You or any third party, whether in an action for contract or tort, arising from the access to, or use of, the Site and/or Platform and/or otherwise.
- We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Site and/or Platform. All information, software, products, Site and/or Platform are provided “as is” without warranty of any kind. We hereby disclaim all warranties with respect to information, software, products, Events and/or Predictions offered at the Site, whether express or implied.
- We shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing at the Site and/or Platform, and You are invited to verify the information published at the Site and/or Platform.
- We shall not be responsible or liable for any actions or omissions of internet service provider or any other third party which provides You with access to Site and/or Platform.
- We shall not be responsible for any damage or loss You shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Site and/or Platform. We will not be responsible for any damage or loss You shall incur as a result of Your use or reliance on the content of any website, mobile site and/or mobile application to which links appear on the Site.
- You will indemnify and hold Us harmless against all direct and indirect claims, liabilities, damages, losses, costs, and expenses arising from Your breach of these Terms and Conditions.
- The Site and Platform are provided “as is”, and We make no warranty or representation, whether express or implied (whether by law, statute, or otherwise), including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy, non-infringement of third parties’ rights or of applicable laws and regulation in respect of the Site and/or Platform, or that the Site and/or Platform will be uninterrupted, timely, secure or error-free, or that defects will be corrected, or will be free of viruses or bugs or as to results or the accuracy of any information through the Site and/or Platform.
- You will be asked to enter your crypto wallet details, please be advised that once you have entered these details they may not be changed. Entering the wrong wallet details may cause you to lose all your funds that these may not be able to be recoverable. We are not responsible for the loss of such funds arising from entering the wrong wallet details.
VIII. Intellectual Property
- All the rights, including the intellectual property rights (i.e., patents, copyright, trademarks, service marks, logos, trade names, know-how or any other intellectual property right) concerning the Site, and all of its content (including, but not limited to, programs, files, video, audio, pictures, graphics, pictures, text and software), and/or Platform (collectively the “Rights“), are and shall remain the sole and exclusive property of the Company and/or any of its licensors. You may not use any of the Rights without the express prior written approval of the Company, except pursuant to these Terms and Conditions, and You shall not, by using the Site and/or Platform or otherwise, acquire any rights in any of the Rights. Without derogating from the above, You are strictly prohibited from (i) copying. redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the Site and/or Platform, (ii) creating derivate works of the source code; and (iii) selling, assigning, licensing, sublicensing, transferring the Site and/or Platform.
- You may contact the Company in connection with anything related to the Site and/or Platform at any time via our customer support, which is available at firstname.lastname@example.org
- Any communication with the Company’s customer support will be handled in the utmost care and without any delay by the Company’s customer support representatives and will be escalated to the relevant people where necessary.
- These Terms and Conditions and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of India, and You irrevocably submit to the exclusive jurisdiction of the competent courts of India with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and Conditions and the relationship between You and Us.
- The Company may transfer or assign any and all of its rights and obligations hereunder to any third party; without derogating from the above, the Site and/or Platform may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under these Terms and Conditions.
- Unless explicitly stated in these Terms and Conditions, nothing in these Terms and Conditions shall: (i) be construed as creating any agency, arrangement, trust or fiduciary relationships or any similar relationship between You and Us; (ii) create or confer any rights or benefits to any third party, and/or (iii) grant You any security interest in any asset of the Company.
- We may provide You with notices with respect to or in connection with these Terms and Conditions in an e-mail, and such notice shall be deemed received by You within 24 hours from the time it is sent to You in an aforesaid manner.
- These Terms and Conditions have been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of these Terms and Conditions and the English language version, the meaning of the English language version shall prevail.
- No failure or delay on Our part in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
- If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the remainder of these Terms and Conditions shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
XI. What is meant by
- Platform – prediction site or Fancium.com
- You – The user of the platform
- We or Our – The company or platform
- Prediction – Forecasting made using the platform