Mamba Fantasy is the flagship brand of Sporta Technologies Private Limited ("Mamba Fantasy"). Through Mamba Fantasy, along with its sub-pages, and the Mamba Fantasy App, Mamba Fantasy operates five separate portals through which it offers cricket based, football based, basketball based, volleyball based, hockey based, baseball based, handball based, American football based and kabaddi based online fantasy games. Mamba Fantasy as used herein shall be construed as a collective reference to Mamba Fantasy and the Mamba Fantasy App.
Usage of Mamba Fantasy
Certain Mamba Fantasy Services being provided on Mamba Fantasy may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail
Mamba Fantasy may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User's access to all or any part of Mamba Fantasy or Mamba Fantasy Platform Services;
- Change, suspend, or discontinue all or any part of the Mamba Fantasy Platform Services;
- Reject, move, or remove any material that may be submitted by a User;
- Move or remove any content that is available on Mamba Fantasy Platform;
- Deactivate or delete a User's account and all related information and files on the account;
- Establish general practices and limits concerning use of Mamba Fantasy Platform;
- Offer discounts to its users in form it deems fit ("Cash Bonus"). All such discounts shall be credited in a separate account called as Cash Bonus Account
- Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event;
- Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
In the event any User breaches, or Mamba Fantasy reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Mamba Fantasy or the Mamba Fantasy Services, Mamba Fantasy 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 Mamba Fantasy Contests or the Mamba Fantasy Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Mamba Fantasy and further, take technical and legal steps as it deems necessary
If Mamba Fantasy charges its Users a platform fee in respect of any Mamba Fantasy Services, Mamba Fantasy shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Mamba Fantasy Services on account of any negligence or deficiency on the part of Mamba Fantasy, but not if such suspension or removal is effected due to:
- any breach or inadequate performance by the User of any of these Terms and Conditions; or
- any circumstances beyond the reasonable control of Mamba Fantasy.
Users consent to receiving communications such as announcements, administrative messages and advertisements from Mamba Fantasy or any of its partners, licensors or associates.
Mamba Fantasy includes a combination of content created by Mamba Fantasy, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Mamba Fantasy and the Mamba Fantasy Platform and material published on Mamba Fantasy, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Mamba Fantasy, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Mamba Fantasy either in whole or in part without express written license from Mamba Fantasy.
Users may request permission to use any Mamba Fantasy content by contacting Mamba Fantasy.
Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Mamba Fantasy ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Mamba Fantasy. Users agree to indemnify and hold harmless Mamba Fantasy, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Mamba Fantasy, by such User or through the User's commissions or omissions
Users hereby grant to Mamba Fantasy and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:
- displaying Users' Content on Mamba Fantasy
- distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
- storing Users' Content in a remote database accessible by end users, for a charge.
This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Mamba Fantasy(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Mamba Fantasy.
Third Party Sites, Services and Products
Mamba Fantasy may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Mamba Fantasy does not exercise control over any Internet sites apart from Mamba Fantasyand cannot be held responsible for any content residing in any third-party Internet site. Mamba Fantasy's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Mamba Fantasy of such third-party Internet site.
Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Mamba Fantasy will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
Mamba Fantasy contains content that is created by Mamba Fantasy as well as content provided by third parties. Mamba Fantasy does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Mamba Fantasy Services provided on Mamba Fantasy including while participating in any of the contests hosted on Mamba Fantasy.
- restricting, suspending, or terminating any User's access to all or any part of Mamba Fantasy Services;
- deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Mamba Fantasy subject to a processing fee (if any) applicable on such transfers as set out herein; or
- refraining from awarding any prize(s) to such User.
Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Mamba Fantasy). Users further agree to update and keep updated their registration information
Users agree and acknowledge that the address related details provided, if any, by the user shall be treated as “Address on record” of the user for the purposes of Goods and Service Tax Act. In the event of the change in such details, the user shall promptly update his/her profile on the Mamba Fantasy platform or write to Mamba Fantasy at helpdesk.
A User shall not register or operate more than one User account with Mamba Fantasy.
Users agree to ensure that they can receive all communication from Mamba Fantasy by marking e-mails or sending SMSs from Mamba Fantasy as part of their "safe senders" list. Mamba Fantasy shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
Any password issued by Mamba Fantasy to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Mamba Fantasy of any unauthorized use of their passwords or accounts or any other breach of security.
Users agree to exit/log-out of their accounts at the end of each session. Mamba Fantasy shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements. Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Mamba Fantasy Services and/or Mamba Fantasy experience or assist in such activity.
Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Mamba Fantasy or Mamba Fantasy’s Services.
Users agree that without Mamba Fantasy's express written consent, they shall not modify or cause to be modified any files or software that are part of Mamba Fantasy's Services.
Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Mamba Fantasy or the Mamba Fantasy’s Services (each a "Server"); or (2) the enjoyment of Mamba Fantasy Services by any other User or person.
Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Mamba Fantasy Services or any other person's use or enjoyment of Mamba Fantasy Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Mamba Fantasy Services by any means other than the User interface provided by Mamba Fantasy, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Mamba Fantasy Services.
User shall not to publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Without limiting the foregoing, Users agree not to use Mamba Fantasy for any of the following:
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Mamba Fantasy, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on Mamba Fantasy without the express written consent of Mamba Fantasy;
- To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
- To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- To restrict or inhibit any other user from using and enjoying any public area within our sites;
- To collect or store personal information about other Users;
- To interfere with or disrupt Mamba Fantasy, servers, or networks;
- To impersonate any person or entity, including, but not limited to, a representative of Mamba Fantasy, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
- To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Mamba Fantasy or to manipulate User's presence on Mamba Fantasy(s);
- To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
- To engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.
If a User chooses a username that, in Mamba Fantasy's considered opinion is obscene, indecent, abusive or that might subject Mamba Fantasy to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Mamba Fantasy reserves the right, without prior notice to the User, to restrict usage of such names, which in Mamba Fantasy’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from Mamba Fantasy, deny such User access to Mamba Fantasy, or any combination of these options.
Unauthorized access to Mamba Fantasy is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Mamba Fantasy by any means other than through the interface that is provided by Mamba Fantasy for use in accessing Mamba Fantasy. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of Mamba Fantasy is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Mamba Fantasy's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Mamba Fantasy.
- Users may contact Mamba Fantasy through Users may reach out to Mamba Fantasy through - Helpdesk if the user has any concerns with regard to a match and/or contest within Forty Eight (48) hours of winner declaration for the concerned contest.
Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the Mamba Fantasy Platform. The Users will have to disclose their real age at the time of getting access into the Mamba Fantasy Platform.
Mamba Fantasy may not be held responsible for any content contributed by Users on the Mamba Fantasy.
User hereby confirms that he / she is participating in a contest in personal capacity and not in the course of business and /or profession.
Conditions of Participation:
By entering a Contest, user agrees to be bound by these Terms and the decisions of Mamba Fantasy. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
- Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by Mamba Fantasy to enter a contest and/or claim a prize/winning.;
- Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
- Colluding with any other user(s) or engaging in any type of syndicate play;
- Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
- Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Mamba Fantasy Users, sending unwarranted email content either to selected Users or in bulk); or
- Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of this policy, Mamba Fantasy reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
Legality of Game of Skill
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The Contest (s) hosted on Mamba Fantasy are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or handball and/ or volleyball and/or kabaddi and/or American football and/or baseball statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s).
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
The Contest(s) are open only to persons above the age of 18 years.
The Contest(s) are open only to persons, currently residing in India.
Mamba Fantasy may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.
Persons who wish to participate must have a valid email address.
Mamba Fantasy may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
Only those Participants who have successfully registered on the Mamba Fantasy as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
In respect of any transactions entered into on the Mamba Fantasy platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
- The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the Mamba Fantasy Services charged by Mamba Fantasy and pre-determined participant’s contribution towards prize money pool.
- Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning bank Accounts. The said accounts are operated by a third party appointed by Mamba Fantasy in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals), (b) Mamba Fantasy (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount). Mamba Fantasy receives only its share of the platform Fees through the said Escrow Agent.
The Mamba Fantasy reserves the right to charge a Platform Fee, which would be specified and notified by Mamba Fantasy on the Contest page, being created on Mamba Fantasy platform, prior to a User's joining of such Contest. The Platform Fee (inclusive of applicable Goods and Service Tax (“GST”) thereon) will be debited from the User’s account balance and Mamba Fantasy shall issue an invoice for such debit to the User. User can view the GST paid on each paid contest join through invoices on ‘My Transaction’ page. The GST value listed on the users invoice shall be the final GST amount charged to the user.
The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that Mamba Fantasy has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Trustee.
Any user availing Mamba Fantasy services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third party account, including a bank account held by a third party: User's winnings in any Contest will reflect as credits to the User's Winnings Account.
User’s remitting the amount through the designated payment gateway shall be credited to User’s Unutlized Account’.
Each time a User participates in any contest on Mamba Fantasy platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.
In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s).
Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.
All amounts credited into a User's 'Unutilized' Account must be utilised within 335 days of credit. In case any unutilised amount lies in the 'Unutilized' Account after the completion of 335 days from the date of credit of such amount, Mamba Fantasy reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to Mamba Fantasy. Mamba Fantasy shall effect an online transfer to the User's bank account on record with Mamba Fantasy within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Mamba Fantasy shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User's bank account on record with Mamba Fantasy. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for Mamba Fantasy to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration on Mamba Fantasy, as well as the name and address existing in the records of the User's bank account as provided to Mamba Fantasy. In the event that no bank account has been registered by the User against such User's account with Mamba Fantasy, or the User has not verified his/her User account with Mamba Fantasy, to Mamba Fantasy's satisfaction and in accordance with these Terms and Conditions, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account, Mamba Fantasy shall not transfer any Winning amounts to the User.
Further, in order to conduct promotional activities, Mamba Fantasy may gratuitously issue Cash Bonus to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus must be used, as applied by Mamba Fantasy and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the user is subject to the sole discretion of Mamba Fantasy and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by Mamba Fantasy on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by Mamba Fantasy to such User. The Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The Cash Bonus shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with Mamba Fantasy or such account if terminated by Mamba Fantasy, all Cash Bonus granted to the user shall return to Mamba Fantasy and the User shall not have any right or interest on such points. All Cash Bonus credited in the User account shall be valid for a period of 14 days from the date of credit. The unutilized Cash Bonus shall expire at the end of 14 days from the date of credit.
Users agree that once they confirm a transaction on Mamba Fantasy, they shall be bound by and make payment for that transaction.
The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Mamba Fantasy has on third parties, any transactions on Mamba Fantasy Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against Mamba Fantasy in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts
A transaction, once confirmed, is final and no cancellation is permissible. Mamba Fantasy may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users 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.
Acceptance of a prize by the Winner constitutes permission for Mamba Fantasy, and its affiliates to use the Winner's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired by Mamba Fantasy without any charge. The exact dates remain the sole discretion of Mamba Fantasy. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
If it comes to the notice of Mamba Fantasy that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Mamba Fantasy that conduct of any such Contest(s) is prohibited, then Mamba Fantasy shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner. Employees are not be eligible to participate in any Public Contest(s).
Dispute and Dispute Resolution
The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Mamba Fantasy Services provided by Mamba Fantasy (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Mamba Fantasy, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Mumbai, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator 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 and Conditions shall prevent Mamba Fantasy from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Mamba Fantasy'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 Mamba Fantasy to pursue any remedy for monetary damages through the arbitration described herein.
Release and Limitations of Liability
Users shall access the Mamba Fantasy Services provided on Mamba Fantasy voluntarily and at their own risk. Mamba Fantasy 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 Mamba Fantasy Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the Mamba Fantasy Services provided therein, Users hereby release from and agree to indemnify Mamba Fantasy, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Mamba Fantasy Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
Mamba Fantasy accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to their access of Mamba Fantasy Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Mamba Fantasy Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Mamba Fantasy and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Mamba Fantasy on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Mamba Fantasy harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Mamba Fantasy or participation in any Contest. In no event shall Mamba Fantasy be liable to any User for acts or omissions arising out of or related to User's engagement with the Mamba Fantasy or his/her participation in any Contest(s). In consideration of Mamba Fantasy allowing Users to access the Mamba Fantasy Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Mamba Fantasy, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Mamba Fantasy Services or related to the Contests or the prizes of the Contests.
To the extent permitted under law, neither Mamba Fantasy nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, Mamba Fantasy shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Mamba Fantasy services or sites, cancellation of competition and prizes. Mamba Fantasy disclaims any responsibility for, and if a User pays for access to one of Mamba Fantasy's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Mamba Fantasy's maintenance on the servers or the technology that underlies our sites, failures of Mamba Fantasy's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Mamba Fantasy does not provide any warranty as to the content on the Mamba Fantasy(s). Mamba Fantasy(s) content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through Mamba Fantasy is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
Mamba Fantasy shall make best endeavours to ensure that the Mamba Fantasy(s) is error-free and secure, however, neither Mamba Fantasy nor any of its partners, licensors or associates makes any warranty that:
- the Mamba Fantasy(s) will meet Users' requirements,
- Mamba Fantasy(s) will be uninterrupted, timely, secure, or error free
- the results that may be obtained from the use of Mamba Fantasy(s) will be accurate or reliable; and
- the quality of any products, Mamba Fantasy Services, information, or other material that Users purchase or obtain through Mamba Fantasycom(s) will meet Users' expectations.
In case Mamba Fantasy discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Mamba Fantasy 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 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, Mamba Fantasy agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same. To the extent permitted under law, neither Mamba Fantasy nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Mamba Fantasy Services, events or Contest(s) being hosted or provided, or intended to be hosted on Mamba Fantasy platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Mamba Fantasy Services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
Mamba Fantasy may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Mamba Fantasy posting them on the Mamba Fantasy or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Mamba Fantasy. If they do not provide Mamba Fantasy with accurate information, Mamba Fantasy cannot be held liable for failure to notify the User.
Mamba Fantasy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Mamba Fantasy's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any cricket/football/basketball/kabaddi/volleyball/hockey/baseball/handball/American football match to which a Contest relates. In such circumstances, Mamba Fantasy shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
Mamba Fantasy's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Mamba Fantasy or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Sporta Technologies Private Limited and govern your use of the Mamba Fantasy, superseding any prior agreements that any User may have with Sporta Technologies Private Limited.
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
Mamba Fantasy reserves the right to moderate, restrict or ban the use of the Mamba Fantasy, specifically to any User, or generally, in accordance with Mamba Fantasy's policy/policies from time to time, at its sole and absolute discretion and without any notice.
Mamba Fantasy may, at its sole and absolute discretion, permanently close or temporarily suspend any Mamba Fantasy Services (including any Contest(s)).
Mamba Fantasy may from time to time conduct/organize, promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the Mamba Fantasy platform. Also, promotions/offers cannot be clubbed with Cash Bonus available with any user.
Grievance Redressal Mechanism
In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism for such claims), (ii) your access to the Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: shawn@Mamba Fantasy.com
In your complaint or grievance, please include the following information:
- Your name and contact details: name, address, contact number and email address;
- Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
- The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;
- Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
- A statement that you believe, in good faith, that the User Content violates these Terms
- A statement that the information provided in the complaint or grievance is accurate.
The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:
- A clear identification of the copyrighted work allegedly infringed;
- A clear identification of the allegedly infringing material on the Platform;
- Your contact details: name, address, e-mail address and phone number;
- A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed 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 right that is allegedly infringed;
- Your signature or a signature of your authorized agent.
The aforesaid notices can be sent to the Company by email at shawn@Mamba Fantasy.com.
On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.
The deposit of the rewards shall be subject to the Inviter’s/Invitee’s compliance with these Terms.
Mamba Fantasy reserves the right to:
- withhold the deposit of the rewards; and/or
- forfeit any deposited rewards to an Inviter/Invitee or any prizes/winnings earned by the participant by using such rewards; and/or
- deactivate the accounts of the Inviter/Invitee, in the event that it determines or reasonably believes that such Inviter/Invitee has violated these Terms or the terms and conditions of the Mamba Fantasy fantasy games.
Mamba Fantasy may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any illegal, unlawful or improper conduct (with regard to the Program or otherwise).
The decision of Mamba Fantasy will be final and binding with regard to the Program, and the deposit of the Rewards and the Invitee Discount and no correspondence, objection, complaints, etc. will be entertained in this regard.
This Program cannot be clubbed with any other promotions/programs that are running simultaneously by Mamba Fantasy.
The Terms and Conditions, as applicable to the Mamba Fantasy's fantasy games and services, will apply to and govern the Program.
Mamba Fantasy does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants (Inviter/Invitee) of the Program.
Notwithstanding anything contained herein, the aggregate liability of Mamba Fantasy to a participating Inviter/Invitee in relation to the Program for any reason whatsoever shall not exceed ₹200.