Terms and Conditions
Oystersoft India Private Limited, a private limited company having its registered office at A-102 Basement Amar Colony, Lajpat Nagar, Delhi, India (“Sixer”) owns and operates the website https://sixergame.com/ (the “Website”) and the ‘Sixer’ mobile application (the “Mobile Application” and together with the Website, the “Platform”). Through the Platform, Sixer offers a virtual trading game (“Sixer Game”) where Users (as defined below) can purchase and sell virtual stocks attached to real-world cricket players (“Stocks”).
For the purpose of these Terms and Conditions of Use (“Terms”), wherever the context so requires “You”, “Your”, “Yourself”, “Their” or “User” shall mean any person who accesses or uses the Platform. “We”, “Us” or “Our” shall mean Sixer, its employees, and authorised agents that perform any services on Sixer’s behalf in relation to the Platform. Further, it is clarified that the usage of the term “Stocks” under these Terms or the Game Rules (as defined below) or on the platform is for convenience only and it does not refer to any (i) underlying good or proprietary interest in any cricket player or (ii) security, financial instrument or security/financial interest, as is defined under the (Indian) Companies Act, 1956 or (Indian) Companies ¬Act, 2013.
We reserve the right to make changes to these Terms at any time. We shall not be required to notify You, whether as a registered User or not, of any changes made to the Terms. Any such modifications will become effective immediately upon posting to the Platform. As between Sixer and You, You shall be solely responsible for reviewing and becoming familiar with any such modifications. We may also, in Our sole discretion, notify You of such modifications, by contacting You through the registered email address associated with Your Account (defined below). Use of the Platform by You after any modification to the Terms, constitutes Your acceptance of the Terms as modified. You are advised to regularly visit the Platform to view the most current Terms. From time to time, We may, by notification, require You to provide Your consent to the updated Terms in a specified manner, prior to any further use of the Platform. You may then exercise the options provided in such notification to indicate non-acceptance of the modified Terms. If such options are not exercised by You within the time frame prescribed in the notification, You will be deemed to have accepted the modified Terms. We may also post supplementary conditions applicable to the Platform. In such an event, Your use of the Platform will be governed by the Terms as well as any such supplementary terms that the Platform may be subject to.
If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by You shall not be construed as a waiver of Our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
We may at Our sole discretion, (i) Restrict, suspend, or terminate any User’s access to all or any part of the Platform; (ii) Change, suspend, or discontinue all or any part of the Platform; (iii) Reject, move, or remove any material that may be submitted by a User; (iv) Move or remove any content that is available on the Platform; (v) Deactivate or delete an Account and all related information and files on the account; (vi) Establish general practices and limits concerning use of the Account; (vii) Revise or make additions to the roster of cricketers whose Stocks are available for purchase and sale in the Sixer Game; and (vi) Assign Our rights and liabilities to all Accounts hereunder to any entity (post intimation of such assignment to all Users at Their registered email ids).
In the event any User breaches, or Sixer reasonably believes that such User has breached these Terms, or has illegally or improperly used or accessed the Platform or the Sixer Game, Sixer 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 Platform or the Sixer Game, deactivate or delete the User’s Account and all related information on the Account, delete any content posted by the User on the Platform and further, take technical and legal steps as it deems necessary.
In case of any breach or violation by the User of these Terms, Sixer will not be obligated to refund any amounts already paid, including, but not limited to, any deposits and/or advance payments (if any) in respect of the Sixer Game or any transactions undertaken in relation to the same, and any payment due to such User or any amounts in such User’s account shall stand automatically forfeited. The User’s account balance standing to the credit of such User, excluding any Sixer Coins/Sixer Tokens accumulated as a result of Sixer Game transactions, shall be applied against losses and damages suffered or assessed by Us arising out of your breach or violation of these Terms, and any amounts remaining (if any) shall be returned to such User.
You may access the Platform and participate in the Sixer Game only if You are residing in India and are of 18 years of age or over.
You may not participate in the Real Market (as defined below) if You are a resident of any state in India in which participating, organising or conducting of the Sixer Game is prohibited, which states shall include, but not be limited to: Meghalaya, Andhra Pradesh, Telangana, Assam, Sikkim, Nagaland and Odisha (“Excluded States”).
3) User Representations
Any information provided by You to Us, whether at the stage of registration or during anytime subsequently, should be complete and truthful.
You hereby confirm that You are not a resident of the Excluded States and that You will not now nor in the future, access the Platform or participate/transact in the Real Market from outside India or from within the Excluded States. Sixer reserves the right to restrict access to, and participation in, the Real Market of any person, from time to time in Our sole discretion.
You are aware that participation in the Sixer Game on the Real Market organized by Us may result in financial loss to You. With full knowledge of the facts and circumstances surrounding the Sixer Game, You are voluntarily participating in the Sixer Game and assume all responsibility for any risk resulting from Your participation, including all risk of financial loss.
You represent that You have the experience and the requisite skills required to participate in the Sixer Game and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Sixer Game. You further acknowledge that You are solely responsible for any consequence resulting from Your participating in the Sixer Game or being associated with the Sixer Game or around the Sixer Game. You understand that Sixer assumes no liability or responsibility for any financial loss that You may sustain as a result of participation in the Sixer Game.
You understand and agree that You are solely responsible for all content posted, transmitted, uploaded or otherwise made available by You. All content posted by You must be legally owned by or licensed to You. By publishing any content on the Platform, You agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform Your content and to use such content in any related marketing materials produced by Us or Our affiliates. Such content may include, without limitation, Your name, username, location, messages, gender or pictures. You also understand that You do not obtain any rights, legal or equitable, in any material incorporating Your content. You further agree and acknowledge that Sixer has the right to use in any manner whatsoever, all communication or feedback provided by You.
You understand and accept that Sixer reserves the right to record any and all User content produced by way of but not limited to chat messages on the Platform or other interactive features, if any, offered by Sixer.
You understand that the funds in Your Account held by Sixer do not carry any interest or return.
You shall not hold Sixer responsible for not being able to play the Sixer Game at any time. This includes, but is not limited to, situations where You are unable to log into Your Account as Your Account may be pending validation or You may be suspected or determined to have violated of any of the Terms.
You understand and accept that by viewing or using the Platform or playing the Sixer Game, or using communication features on the Platform, You may be exposed to content posted by other Users which You may find offensive, objectionable or indecent. You may bring such content posted by other Users to Our notice that You may find offensive, objectionable or indecent and We reserve the right to act upon it as We may deem fit. The decision taken by Us in this regard shall be final and binding on You.
You consent to receiving communications such as announcements, administrative messages and advertisements from Sixer or any of its partners, licensors or associates.
4) User Account Creation and Operation
In order to participate in the Sixer Game, You will need to register and create a user account on the Platform (“Account”).
By completing the registration process, You confirm Your acceptance of these Terms.
During the registration process, You will be required to provide information such as your name, email address and your mobile number. Additionally, You may be required to give further personal information for Your Account verification and/or for purchasing Sixer Coins (as defined hereinafter) through Your Account. You must give Us the correct details in all fields requiring Your personal information, including, without limitation, Your name, postal address, PAN details, email address, bank account details, telephone number(s) etc. You undertake that You will update this information and keep it current.
In the event You indicate, while entering an address, or We reasonably determine that You are a resident of the Excluded States or that your bank account is linked to a bank located in the Excluded States, You will not be permitted to proceed to participate in the Real Market.
You acknowledge that We may, at any time, require You to verify the correctness of this information and in order to do so may require additional documentary proof from You, failing which We reserve the right to suspend or terminate Your registration on the Platform and liquidate Your Stock portfolio in the Sixer Game in accordance with the then prevailing trading prices for the Stocks held by you.
Any information provided by You to Us should be complete and truthful to the best of Your knowledge. We are not obliged to cross check or verify information provided by You and We will not take any responsibility for any outcome or consequence as a result of You providing incorrect information or concealing any relevant information from Us.
You understand that it is Your responsibility to protect the information You provide on the Platform including but not limited to Your username, password, email address, bank account details or other financial details, contact details and mobile number. Sixer will not ask for Your Account login password, which is only to be entered at the time of login. At no time should You provide Your Account information to any User logged in on the Platform or elsewhere. You undertake that You will not login and then allow, any other person to play from Your Account. You specifically understand and agree that We will not incur any liability for information provided by You to anyone, which may result in Your Account being exposed or misused by any other person. You are aware that You will have to log-out of all Your Accounts at the end of each session and We shall not be responsible for any loss or damage due to the same.
You agree to receive all communication from Sixer by marking e-mails from Us to their “safe sender” list. You agree that We shall not be held liable if any e-mail remains unread by You as a result of such email getting delivered to Your junk or spam folder.
You agree to use Your Account solely for the purpose of playing on the Platform and for transactions, which You may have to carry out on the Platform to participate in the Sixer Game. Use or attempted use of Your Account for any reason other than what is stated in the Terms may result in immediate termination of your account and forfeiture of any Sixer Coins in the Account.
You also understand and agree that deposits of Sixer Coins in Your Account maintained with Us are purely for the purpose of participation in Real Market Sixer Game made available on the Platform.
We reserve the right to verify Your identity proof and address proof from time to time and to forfeit any Sixer Coins in Your Account should any inconsistencies arise in Our verification process. For the purpose of identity verification, You shall be required to furnish your Permanent Account Number (PAN) duly issued to You by the income tax authorities including any relevant document that may be asked to support your identity as a legal tax resident of India.
Withdrawal of Sixer Coins in Your Account will only be permitted once You provide correct and accurate PAN details, bank account details and proof of the same in accordance with the verification procedure prescribed by us at the time.
Your PAN and/or bank account cannot be linked to more than one Account on the Platform. Further, You cannot link a non-residential external (NRE) bank account or any bank account linked to a bank branch located in any of the Excluded States to your Account on the Platform. Accounts in digital payment banks are not allowed and shall not be considered for verification and linking of Sixer Accounts for withdrawals.
We are legally obliged to deduct Tax Deducted at Source (TDS) on all earnings of the User. The limits and rates of deduction are subject to change as per the prevailing rules and regulations. Our obligation in this regard is limited to deducting TDS as required by law and providing You an appropriate certificate of tax deduction. We neither advise You nor shall in any manner be responsible for Your individual tax matters.
You understand and agree that You cannot transfer any Sixer Coins or Sixer Tokens from Your Account to the account of another registered User on the Platform except as may be specifically permitted by Us and subject to restrictions and conditions as may be prescribed.
5) User Account Validation and Personal Information Verification
From time to time Sixer may attempt to validate and verify your Account. These attempts may be made via a phone call or via email. In the event that We are not able to get in touch with You the first time around, We will make additional attempts to establish contact with You. If the phone number and email provided by You is not correct or not reachable for any reason, We bear no responsibility for your participation in the Sixer Game being interrupted due to Our being unable to establish contact with You.
If We are unable to reach You or if the validation is unsuccessful, We reserve the right to disallow You from logging into the Platform until We are able to satisfactorily validate Your Account. We will in such an event email You to notify You of the next steps regarding Account validation. We may also ask You for proof of identification and proof of address from time to time.
Upon receipt of suitable documents, We will try Our best to enable Your Account at the earliest. However, it may take a few business days to reinstate Your Account. In such instance, Sixer will not be liable for any losses incurred by you as a result of movements in trading price of Sixer Game Stocks during the time your Account has been blocked by Sixer.
In the event that We have made several attempts to reach out to You but have been unable to do so, We also reserve the right to permanently suspend Your Account, liquidate your Stock portfolio and refund the amount, if any, in Your Account to the financial instrument through which the payment was made to Your Account or by cheque to the address provided by You. In the event the address provided by You is incorrect, Sixer will not make any additional attempts for delivery of the cheque unless a correct address is provided by You and charges for redelivery as prescribed by Sixer are paid by You.
6) User Restrictions
You undertake that You Yourself will play the Sixer Game through the Account which You have registered, and You shall not use any form of external assistance to participate in the Sixer Game. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Platform or use any third-party software that intercepts, mines or otherwise collects information from or through the Platform or through the Sixer Game. Any attempt to employ any such external assistance is strictly prohibited.
Collusion between You and any other User(s) for participating in the Sixer Game organized on the Platform or any other form of fraud or cheating is strictly prohibited.
When collusion or cheating is detected, Sixer shall take appropriate action against offending Users, which may include Your disqualification from the Sixer Game and forfeiture of Sixer Coins and/or Sixer Tokens in the Account and may extend to the termination of Your Account and legal action as deemed necessary by Sixer, based upon the gravity and time-frame of Your fraudulent or mala fide conduct.
You are prohibited from using the Platform for any purpose that may be construed as money laundering or circumvention of applicable law/regulations.
Sending spam emails or any other form of unsolicited communication for obtaining registrations on the Platform to benefit from any promotional program of Sixer or for any other purpose is strictly prohibited.
Registration across the Platform is restricted to a single Account, which will be used by You to enter the Sixer Game. You are prohibited from creating or using multiple Accounts across the Platform for participation in Sixer Game.
You may not create a login name or password or upload, distribute, transmit, publish, download, advertise, engage or post content through or on the Platform or through any service or facility including any messaging facility provided by the Platform which:
- Is libellous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;
- Contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
- Is otherwise objectionable or undesirable (whether or not unlawful);
- Would constitute incitement to commit a criminal offence;
- Violates the rights of any person;
- Is aimed at soliciting donations or other form of help;
- Violates the intellectual property of any person;
- Disparages in any manner Sixer or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
- Promotes a competing service or product; or
- Violates any laws.
In the event, We determine that the login name created by You is indecent, objectionable, offensive or otherwise undesirable, We shall notify You of the same and You shall promptly provide Us with an alternate login name so that We can change Your existing login name to the new name provided by You. If, You fail to provide an alternate name, We reserve the right to permanently suspend Your Account.
You shall not host, intercept, emulate or redirect proprietary communication protocols, used by the Platform, if any, regardless of the method used, including protocol emulation, reverse engineering or modification of the Platform or any files that are part of the Platform.
You may not alter or modify content on the Platform, or remove, obliterate or obstruct any proprietary notices or labels.
You shall not exploit the Sixer Game offered and content available on the Platform for commercial purposes including but not limited to providing an over-the-top service that utilises the Sixer Game or Platform to operate or use in a cyber cafe as a computer gaming centre, network play over the internet or through gaming networks or connection to an unauthorized server that copies the gaming experience on the Platform.
You shall not derive any commercial benefits from the use of the Platform by Users and you shall not sublicense or otherwise exploit for commercial benefit any Sixer Game or service offered through the Platform.
You shall not upload, distribute or publish through the Platform, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act, 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to Us or that aids in providing the services offered by Sixer. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Platform or not. Additionally, You shall not impersonate another person or User, attempt to get a password, other User account information, or other private information from a User, or harvest email addresses or other information.
You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Account, Your Account’s Sixer Coins/Sixer Tokens balances, content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platform.
Any form of fraudulent activity including, attempting to use or using any other person's credit cards, debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to Your Account is strictly prohibited.
Accessing or attempting to access the Platform through someone else's User account is strictly prohibited.
If You are an officer, director, employee, consultant or agent of Sixer or a relative of such persons, You are not permitted to play either directly or indirectly, any Sixer Game which entitles You to any earnings on the Platform, other than in the course of Your engagement with Sixer. For these purposes, the term ‘relative’ shall include a spouse, financially dependent parents, and children (including step-children).
If You have been directly associated with setting up the Sixer Game on the Platform or such Sixer Game’s structure, You are not permitted to play either directly or indirectly, any Sixer Game which entitles You to any earning on the Platform, other than in the course of Your engagement with Sixer.
You shall not post any material or comment, on any media available for public access, which in Our sole discretion, is defamatory or detrimental to Our business interests, notwithstanding the fact that such media is not owned or controlled by Us. In addition to any other action that We may take pursuant to the provision hereof, We reserve the right to remove any and all material or comments posted by You and restrict Your access to any media available for public access that is either controlled or moderated by Us; when in Our sole opinion, any such material or comments posted by You is defamatory or detrimental to Our business interests.
7) Sixer Game Formats and Participation
Sixer provides the Sixer Game in two separate formats, i.e the “Free Market” and the “Real Market”, as set out as below:Free Market
- In the Free Market format of the Sixer Game, Users can participate in the Sixer Game using free Sixer Tokens (i.e. the virtual currency of the Free Market) without any monetary risk to understand the mechanics and Game Rules.
- Sixer will offer the User upto 10,000 free Sixer Tokens when the User creates an Account on the Platform, which can be used by Users to purchase, sell and price Stocks in the real world cricketers listed in the Free Market and potentially earn Sixer Tokens by trading in such Stocks in accordance with the Game Rules.
- Sixer Tokens cannot be purchased or refilled and have no value outside of the Free Market.
- In the Real Market format of the Sixer Game, Users can participate in the Sixer Game using Sixer Coins (i.e. virtual currency of the Real Market), to buy, sell and price Stocks in the cricketers listed in the Real Market and potentially earn Sixer Coins by trading in such Stocks in accordance with the Game Rules.
- Sixer Coins are an Indian Rupee pegged in-game currency, where one (1) Sixer Coin is equal to one (1) India Rupee. All transactions in the Real Market Sixer Game take place in Sixer Coins.
- Sixer Coins are required to be purchased by a User with real money using a payment method that is available at the payment gateway in the Sixer Game which may include credit cards, debit cards and bank transfers.
In order to participate in either format of the Sixer Game and subject to these Terms, the User must purchase Stocks in (at least) three (3) real life cricketers involved in real-life cricket matches (each a “Match”) using Sixer Tokens/Sixer Coins, as applicable based on the Sixer Game format and maintain a portfolio of Stocks in accordance with the restrictions specified in the Game Rules.
The Sixer Coins and Sixer Tokens that have been provided to or purchased/earned by a User will be made available in a separate virtual currency wallet (“Sixer Wallet") linked to the User’s Account
The User can buy and sell up to a maximum of 100 Stocks in any cricketer in a single transaction, at the published price provided the User has sufficient Sixer Tokens/Sixer Coins in his/her Sixer Wallet. This limit may change from time to time. Sixer reserves the right to suspend the ability of Users to buy and sell Stocks for a specific cricketer or all cricketers, temporarily or otherwise.
The price of a Stock will be determined by quantifying the performance of each cricketer based on defined variables determined by Us. To determine and analyse the performance of the cricketer, Sixer uses a proprietary algorithm developed and designed by Us (“Pricing Mechanism”). The Pricing Mechanism reduces the cricketer’s performances to statistics based on various variables and factors including but not limited to batting impact, bowling impact, runs scored, wickets taken, victory or loss of the cricketer’s team, all of which are used to calculate various metrics and dimensions. By using the variables, Sixer calculates various dimensions of a cricketer’s performance in any given Match.
The Pricing Mechanism adopted with respect to the Stocks and the variables and mechanisms adopted by Sixer to determine the Pricing Mechanism are detailed in the Game Rules available at: https://sixergame.com/#/gamerules. Users are required to review and follow the Game Rules in order to participate in the Sixer Game.
The performance record of each User will be updated by Us based on the most recent performance of the respective User(s) but We cannot be held responsible for any errors or limitations that may arise out of such computation. Users agree and understand that they have to analyse both past performance and future expectation based on their own sources of information and their own knowledge of the players and sport over and above any information available on the Platform which is being provided by Sixer on a best effort basis only .
The User’s goal is to simply predict the cricketer’s performance in each Match using the Pricing Mechanism variables specified by Sixer to estimate what the price of each cricketer’s Stock will be in the future. Once the User has made his/her prediction, the User has to decide whether to buy or sell Stocks in a cricketer. For instance, if the User anticipates that the value of a Stock will increase in the future, he may purchase Stocks in such cricketer. The price of the Stock shall be determined by the actual performance of the cricketer in Matches and the impact on the variables determined by Sixer. If the price of a Stock increases based on the Price Mechanism, the User can gain Sixer Coins by selling his/her Stocks in such cricketer.
When selling Stocks, Sixer employs a “First in First Out” approach i.e. if You purchase Stocks in multiple transactions at different prices, when selling, Sixer will calculate Your realized gain/loss for Stocks by considering the Stocks you bought earliest to have been sold first.
The Sixer Coins and Sixer Tokens that have been provided to or purchased/earned by a User will be made available in the Sixer Wallet linked to the User’s Account.
For any Account where there is only cash balance in such users Sixer Wallet and no trading activity in the Sixer Game for a period of 365 days, the Account will be considered inactive and Sixer reserves the right to charge an inactive Account management fee on a monthly basis as per the notified schedule of charges. After 730 days, Sixer will have the right to forfeit cash balances in inactive User Accounts without any notice, obligation or compensation.
Users are required to note that any transaction made in one format of the Sixer Game does not have an impact on the other format i.e. a transaction in the Free Market shall not impact a transaction in the Real Market and vice versa.
Sixer may provide free Sixer Coins to a User to buy Stocks. Such free Sixer Coins may be forfeited at any time, at the sole discretion of Sixer, and cannot be withdrawn by the User. A User may withdraw only the Sixer Coin winnings earned by the User from selling of his/her Stocks. Free Stocks may also be provided by Sixer. However, while selling such Stocks, the same principles shall apply to these as the free Sixer Coins.
The User acknowledges that transactions on the Platform, may take up to seventy two (72) hours to be processed. Users agree not to raise any complaint or claim against Sixer in respect of any delay, including any lost opportunity to buy, sell, or trade due to any reason where Sixer has not been able to execute the transaction.
8) Payment and Withdrawal Terms
All purchase on the Platform shall be in Indian Rupees.
The amounts paid by the User will be retained as an interest-free security deposit that can be adjusted against amounts due for participation in the Real Sixer Game or withdrawn as per the terms hereunder.
Once a User buys Sixer Coins, they get added to his/her Sixer Wallet and can be used in the Real Market. A User may, at Sixer's discretion, be given a promotional number of Sixer Coins to begin with, which may vary over time and will be determined by Sixer at its discretion
The prices specified for purchasing Sixer Coins and other charges (if any) specified on the Platform are exclusive of GST and any other applicable indirect taxes.
You may use credit cards / debit cards / net banking to remit the required amount to Sixer to purchase Sixer Coins. The payment made shall be credited to Your Account and the applicable amount towards purchase of Sixer Coins for participation in the Sixer Game shall be debited from Your Account.
You acknowledge that withdrawal and purchase transactions of Sixer Coins on the Platform may take up to seventy two (72) hours to be processed. You agree not to raise any complaint or claim against Sixer in respect of any delay, including any lost opportunity to complete any transaction in the Sixer Game due to delay in processing of any payment.
A transaction, once confirmed, is final and no cancellation is permissible. However, Sixer may, at its sole and absolute discretion, permit You to cancel a transaction.
At the time of the purchasing or withdrawing Sixer Coins, You may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
In the event that the User earns Sixer Tokens/Sixer Coins while participating in the Sixer Game, Sixer shall not be liable to credit the User with such Sixer Tokens/Sixer Coins if it is discovered that the User has not abided by these Terms and/or the Game Rules.
You understand and accept that Your participation in the Sixer Game does not create any obligation on Us to make any payment to You. Your earning Sixer Coins/Sixer Tokens on the Platform is entirely dependent on Your skill as a User including the performance of the cricketer(s)’ of Your choice and Your future predictions aligning with Sixer’s predictions.
The Sixer Coins/Sixer Tokens balance of an Account are unique to the User of such Account and are non-transferable to other Accounts.
To withdraw Sixer Coins earned or purchased by You, You are required to verify your Account by providing such details as may be specified by Sixer at the time, which may include, but not be limited to, your PAN card details and Bank account details.
Upon successful verification of your Account by Sixer, you may withdraw Sixer Coins of a minimum value of INR 100 and a maximum value of INR 5,000 in a day by paying a nominal transaction fee as specified by Sixer from time to time.
Sixer may charge a small administrative fee at the time of each Sixer Wallet credit and redemption. The User hereby explicitly understands that he/she will not dispute the fee and accords unconditional consent to it. Sixer reserve the right to change or modify the fee as it deems fit and it is the User’s responsibility to verify the fee before payment.
Subject to these Terms, Any amount remaining unused in the Users’ Account/Sixer Wallet or winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account registered with Sixer, subject to any processing fee applicable on such transfers as set out herein. If the User has not verified their account and not provided the requisite bank details for withdrawal, the amount shall be forfeited by Sixer with no further notice.
Each User can only transfer cash up to a value of Rs. 50,000 (per month and Rs. 6,00,000 (Six Lakh) per annum only into his/ her Sixer Wallet.
9) Service Disruptions
You shall solely be responsible for maintaining the necessary computer/mobile equipment and internet connections that may be required to access, use and transact on the Platform for the purpose of participating in the Sixer Game.
You may face service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Sixer Game or due to issues with the hardware and software used by You. You understand that Sixer has no control over these factors. Sixer shall not be responsible for any interruption in the provision of the Sixer Game and You take full responsibility for any risk of loss due to such interruptions for any such reason.
You 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 the Platform (each a "Server"); or (b) the enjoyment or use of the Platform by any other User or person. You 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 the Platform or any other person's use or enjoyment of the Platform.
All content and material on the Platform including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, games and software (collectively referred to as "Content"), whether or not belonging to Sixer, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any User can be logged/recorded by Us and shall form part of the Content and Sixer is free to use this material in any manner whatsoever.
The Platform may contain information about or hyperlinks to third parties or some of Our content might be created by third parties. In such cases, We are not responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites. If You rely on any third party Content posted on the Sixer Platform, which does not belong to Sixer, You may do so solely at Your own risk and liability. The User hereby consents to third party advertising by Sixer on its Website and mobile application.
If You visit any third party website through any third party Content posted on the Platform, You will be subject to terms and conditions applicable to it. We neither control nor are responsible for content on such third party websites. The fact of a link existing on the Platform to a third party website is not an endorsement of that website by Us.
11) License Agreement and Intellectual Property
All Content on the Platform shall be utilized only for the purpose of availing and accessing the Platform and in conformity with the Terms.
You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by Sixer or Our licensors and that You have no right, title or other interest in any such items except as expressly stated in the Terms.
You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and using the Platform and for no other purpose whatsoever.
You shall not sub-license, assign or transfer the license granted to You, or rent or lease or part with the whole or any part of such license or the Content included in such license.
You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Platform in any manner other than as permitted for obtaining access to or using the Platform.
You may not hyperlink to any of the Platform without permission from Us.
You may access information on and download and print extracts from the Platform for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You by downloading and You are expressly prohibited from using such materials for any commercial purpose unless agreed with Us in writing.
12) User Account Suspension
Sixer may at its sole and absolute discretion suspend or otherwise put restrictions on Your access to Your Account and to the Platform and in relation to undertaking transactions on the Platform during investigation for suspected violation of the Terms or any other abuse of Your Account or suspected breach of security of Your Account. Our decision to suspend or restrict access to the Platform or any part thereof as We deem appropriate shall be final and binding on You.
13) Breach and Consequences
(a) In the event of breach of any of the Terms being evidenced from Our investigation or if there is reasonable belief, in Our sole discretion, that Your continued access to the Platform is detrimental to the interests of Sixer, Our other Users or the general public; We may in Our sole discretion take any or all of the following actions:
- Restrict Users suspected of colluding or cheating from accessing/using the Platform;
- Permanently suspend and terminate Your Account on the Platform;
- Forfeit the balance of Sixer Coins/Sixer Tokens in your Account;
- Demand damages for breach and take appropriate civil action to recover such damages; and/or
- Initiate prosecution for violations that amount to offences in law.
Additionally, in the event of committing material breach hereof, We reserve the right to bar You from future registration on the Platform.
The decision of Sixer on the action to be taken as a consequence of breach shall be final and binding on You.
Any action taken by Sixer shall be without prejudice to Our other rights and remedies available in law or equity.
14) Limitation of Liability
Users shall access and use the Platform voluntarily and at Their own risk. Sixer 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 Platform (including participation in the Sixer Game) or as a result of incurring a loss or gain.
Sixer accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to any transactions, gain or loss on the Platform.
In consideration of Sixer allowing Users to access the Platform, 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 Sixer, 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 access and use of the Platform or related to the Sixer Game or earnings of the Sixer Game.
In addition to specific references to limitation of liability of Sixer elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort) shall Sixer be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with Your access to, or use of, or inability to access or use, the Platform. You further agree to indemnify Us and Our service providers and licensors against any claims in respect of any such matter.
Without limiting the generality of the foregoing, You specifically acknowledge, agree and accept that We are not liable to You for:
- the defamatory, undesirable or illegal conduct of any other User of the Platform;
- any loss whatsoever arising from the use, abuse or misuse of Your Account or any feature on the Platform;
- any loss incurred in transmitting information from or to Us or from or to Our Platform by the internet or by other connecting media;
- any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with Your access to the Platform;
- the accuracy, completeness or currency of any information services provided on the Platform;
- any delay or failure on Our part to intimate You where We may have concerns about Your activities;
- any delay in the provision of any amount to You pursuant to Your participation in the Sixer Game; and
- Your activities / transactions on third party websites accessed through links or advertisements posted on the Platform.
Without prejudice to the provisions of these Terms, Sixer’s liability to You, and any person claiming through You pursuant to or in respect of any Sixer Game, under law, contract or any other theory of liability, in aggregate, shall be limited to the amount of Sixer Coins present in your Sixer Wallet at the time at which the liability arises.
Sixer does not provide any warranty as to the Content on the Platform. The Platform and the Content present on it are provided strictly on an "as is, as available" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. Sixer does not ensure or guarantee continuous, error-free, secure or virus-free operation of the Platform or its Content including software, Your Account, the transactions in Your Account or continued operation or availability of any facility on the Platform. All data, information and analysis available on the Platform and in the Sixer Game is being provided by Sixer on a best effort basis. Sixer disclaims any responsibility or liability for the accuracy of this data, information and analysis and Users are encouraged to use all possible own sources of data to make their own analysis of the performance of cricket players.
To the extent permitted under law, neither Sixer not 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, Sixer shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, the Platform, the Sixer Game.
Additionally, Sixer does not promise or ensure that You will be able to access Your Account or obtain access to the Platform whenever You want. It is entirely possible that You may not be able to access Your Account or the Platform at times or for extended periods of time due to, but not limited to, system maintenance and updates.
Sixer disclaims responsibility and liability for any harm resulting from cancellation of the Sixer Game organized by it. If You are playing a paid version of the Sixer Game on the Platform, You acknowledge and agree that You will not be entitled to any refund or any compensation or damages in case of any service outages that may be caused by Sixer’s maintenance on the Servers or the technology that underlies Our Platform, failures of Our service providers (including telecommunications, hosting, and power providers), computer viruses or contaminants, natural disasters or other destruction or damage to Our facilities, acts of nature, war, civil disturbance, or any other cause beyond the reasonable control of Sixer.
Sixer specifically disclaims any liability in connection with the Sixer Game made available or organized on the Platform which may require specific statutory permissions, in the event such permissions are denied or cancelled at any time.
Sixer specifically disclaims any liability in connection with Your transactions with third parties, which may have advertisements or are hyperlinked on the Platform.
Sixer disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or User content posted on the Platform. Intellectual property rights in any Content not belonging to Us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
Sixer specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Platform.
Sixer specifically disclaims any liability arising of the conduct of or supply of goods or provision of services by its vendors, or any damage or injury arising out of Your usage of such goods or availing of such services. You agree that your usage of winnings shall be at your sole risk.
Sixer disclaims liability for any risk or loss resulting to You from Your participation in the paid version of the Sixer Game, including all risk of financial loss.
Any material accessed, downloaded or otherwise obtained through the Platform is done at the User’s discretion, competence, acceptance and risk and the User will be solely responsible for any potential damage to the User’s computer system or loss of data that results from a User’s download of such material.
To the extent permitted under law, in the event of suspension or closure of the Sixer Game or other services, Users shall not be entitled to make any demands, claims of any nature whatsoever.
In case Sixer discovers any error including any error in determination of the price of Stocks or the gain or loss of a User or in the transfer of amounts to a User’s Account, Sixer reserves the right (exercisable at its discretion), to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from the amounts due to the User or deduction from the User’s Account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Sixer agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same. Sixer shall not be responsible or liable for any losses that the User may incur as a result of Sixer exercising its right to rectify any errors under this Clause.
To the extent permitted by law, and in consideration for being allowed to participate in the Sixer Game, You hereby agree to indemnify, save and hold harmless and defend Us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that We may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against Us by any person in connection with:
- infringement of their intellectual property rights by Your publication of any Content on the Platform.
- defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise;
- use, abuse or misuse of Your Account on the Platform in any manner whatsoever;
- any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with Your access to or use of the Platform; and
- access of Your Account by any other person accessing the Platform using Your username or password, whether or not with Your authorization.
Users shall be solely responsible for any consequences, which may arise due to Their access of the Platform by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Platform and Sixer Game. Users also undertake to indemnify Sixer and their respective officers, directors, employees and agents on the happening of such an event (including without limitation for cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Sixer on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Sixer harmless from any third party/entity/organization claims arising from or related to such User's engagement with Platform or participation in the Sixer Game. In no event shall Sixer be liable to any User for acts or omissions arising out of or related to User's engagement with the Platform or his/her participation in any Sixer Game.
17) Infringement of Copyright and Personality Rights
In good faith, if You have reason to believe that any work copyrighted by You or which embeds Your personality rights or other proprietary interest has been reproduced, embedded, or linked without authorization on the Platform or the Sixer Game, in a manner that constitutes an infringement of Your copyright or Your personality rights, including rights to Your reputation, identity or personal data, or other proprietary interest under Indian law please compile the following information and email to: [email protected]
- A clear identification of the work allegedly infringed;
- A clear identification of the allegedly infringing material on the Platform (with specific URL reference);
- Your contact details: name, address, e-mail address and phone number;
- A statement that You believe, in good faith, that the use of the allegedly infringing material on the Platform is not authorized by Your agent or the law;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- Your signature or the signature of Your authorized agent.
You may contact Us via Our Contact Us tab on the home page of the Website to notify Us of any grievances or concerns that You may have in relation to Our Website, Platform or the Sixer Game or to otherwise provide Us with feedback concerning the same. We may seek additional information concerning Your grievance or feedback, but any such communication from Us shall not be construed as making a commitment, representation or warranty to review, respond to or redress any grievance or feedback provided. You shall not claim or demand any royalty or fees from Us in case We make any changes or update Our Website, Platform or the Sixer Game pursuant to Your feedback.
19) Governing Law, Dispute Resolution and Jurisdiction
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 Mumbai. 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.
The arbitration award will be final and binding on the Parties, and each party will bear its own costs of arbitration and share the fees of the arbitrator equally unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms shall prevent Sixer from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Sixer's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Sixer to pursue any remedy for monetary damages through the arbitration described herein.