Terms & Conditions

These Terms are a legal agreement between you and GameVito Private Limited (referred to as us/we/our in these Terms). The Terms set out how you may use the website ("Website"), our apps or any games, products, forums and services we offer through our apps or otherwise on any platform (all collectively referred to in these Terms as our "Services").

You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the Website. These terms are to be read along with the Privacy Policy and any other policies on the Website.

Who is GameVito Private Limited?

GameVito Private Limited is a private limited company registered in India whose registered office is situated at Mumbai.

Why should you read these Terms?

You should read these Terms because they contain our legal commitments to you and a number of DOs and DON'Ts which you need to be aware of when you use our Services. Please read these Terms carefully to make sure you understand them. By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services. Please note that if you are accessing third-party games that are hosted or displayed on the Website, additional terms and conditions for such third-party games may also apply. We recommend that you refer to the terms and conditions for such third-party games in addition to these terms.

Can GameVito Private Limited change these Terms?

We can update and change these Terms from time to time and the most current version of these Terms will be posted onto the Website and relevant apps and you may be invited to review and accept the revised Terms in order to continue using the Services. You can print and save a copy of these Terms for your future reference.

Registration-

Services on the Website would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.

However, if you are a minor, i.e. under the age of 18 years, you may use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. GameVito Private Limited reserves the right to terminate or refuse your registration, or refuse to permit access to the Website, if it is discovered or brought to its notice that you are a Minor.

The Company provides platform for hosting online gaming tournaments and skill-based games through Website and relevant apps.

To use the services provided on the Website and to access the portal, it is compulsory to create an account and subscribe and you hereby undertake and agree that you are authorized to enter into present agreement in accordance with laws applicable to the place of your registration. A User may create an account on the Website which shall collect only your basic information. To create an account, you need to choose a username and password. You also have the option of linking your social media accounts, such as Your Facebook or Google Plus account with the GameVito Private Limited account, to create your GameVito Private Limited Account. You must keep your account and registration details current and correct for communications related to your transactions on the Website.

At the time of registration, the Company shall collect the following personally identifiable information about you: Name - including first and last name, email address, mobile phone number, PAN Card and other contact details, demographic profile (like your age, gender, address, etc.,). If you choose to link your social media account with your GameVito Private Limited Account, we collect basic information about you from those social media platforms, such as: name, age, gender, location and e-mail address. Information collected about you is subject to the Privacy Policy of the Company, which may be read as part and parcel of these Terms of Use.

What do I need to do with my log-in details?

If you have dedicated log-in details (i.e. you register for our Services and are not logging in through a third-party service such as Facebook) you need to keep them safe. You are responsible for maintaining the confidentiality of your login details including any user name, email address and password and you are also responsible for all activities that are carried out under your account. We would also recommend that you regularly change your password, and do not use the same email and password combination for any other online service.

Fair game play is important to GameVito Private Limited. You therefore agree not to share your user name and password with any other user or third-party, or knowingly carry out any activity which enables a third-party to access or use your account. If we believe, acting in our discretion, that your account is used by more than one person, we reserve the right to suspend or terminate or cease to support your account without liability.

We cannot check the identities of people using our Services and will not be liable if your login details are used by someone else. If you become aware of any unauthorized use of your login details, you should notify us immediately here though please note that we may need to verify your identity and validate ownership of the account. Please be alert for other websites and services which may pretend to be us or to be associated with us. If in doubt, please contact us.

How do I close my account?

If you wish to close your account(s) with any of our Services, please contact us.

What am I not allowed to do when using the Services?

You agree to follow the following rules ("the Rules"). You agree that you will not post, distribute, or otherwise make available or transmit any data, text, message, graphic or computer file that we believe:

    • is a personal attack on other individuals;

    • bullies, stalks or otherwise harasses any other user of our Services;

    • is vulgar, obscene, or sexually explicit (language or images);

    • is offensive, sexist, racist or discriminatory in any way;

    • is a form of cheating;

    • encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

    • You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

    • You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.

    • infringes and/or violates any right of a third-party including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;

    • contains a virus or other harmful component, or otherwise tampers with, impairs or damages our Services or otherwise interferes with any person or entity's use or enjoyment of the Services;

    • engages in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing";

    • promotes and/or generates money for yourself and/or any third-party business activity;

    • impersonates any person or entity or misrepresents your identity or affiliation with any person or entity;

    • deletes any legal notices, disclaimers, or proprietary notices such as copyright or trademarks, or modify any logos that you do not own or have express permission to modify; or

    • does not generally pertain to the designated topic or theme of the Services.

You may be warned, temporarily banned or permanently banned if we think that you have not followed the Rules or if we believe in our sole discretion that you have behaved inappropriately whilst using our Services. In addition, in such circumstances, GameVito Private Limited is entitled to remove any Virtual Items from your account. You shall not be entitled to any refund or compensation for any removal of Virtual items.

If you believe that another user is violating these Rules, please let us know here. However, we cannot and do not guarantee that other users are or will be complying with these Rules, and we will not be responsible for any other user's lack of compliance. You and other users are responsible for your own actions.

We reserve the right to remove, or refuse to post, any material that we believe is in violation of these Rules and, if we deem appropriate, to turn this material over to law enforcement officials. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using our Services in violation of law.

Who owns the content made available through the Services?

All of the content and information contained in the Services (including the games) are owned or licensed by us and are protected by intellectual property rights. Examples include, but are not limited to: source and object code, trademarks, logos, graphics, photographs, videos, animations, copyrightable game play and texts. In particular, any names, title, logos and designs that contain GameVito Private Limited are exclusively owned by us.

You acknowledge that some of the Services may allow you to create your own personalized username and avatar and may also allow you to communicate with other users and post messages, images, text and other material ("User Content") which can be seen by others.

By posting or making available any User Content through our Services, or by sending any User Content to us, you agree that you have the right and all necessary approvals to use such User Content and that we can use, change or adapt it in any media without any payment or obligation to you or anyone else. You further agree that the availability or publishing of any such User Content as part of our Services will not cause us to infringe the rights of any third-party or to be in breach of any applicable law or regulation. Please therefore make sure you do not post any content which may infringe any third-party rights. We may need to remove any potentially infringing content without notice. You agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the promises made by you in this paragraph.

Copyright and Trademark

The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, services, processes, technology, images, content and other materials which appear on the Website. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license to the Company or any third-party ’s intellectual property rights. All rights, including copyright, in and to the Website are owned by or licensed to the Company. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.

You may not modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to or use of the Website does not authorize anyone to use any name, logo or mark in any manner. References on the Website to any names, marks, products or services of third parties or hypertext links to third-party Websites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third-party, the information, its Services.

The Company is not responsible for the content of any third-party Websites and does not make any representations regarding the content or accuracy of material on such Websites. If you decide to access a link of any third-party Websites, you do so entirely at your own risk and expense.

What is GameVito Private Limited not responsible for?

We do not guarantee that the Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors or omissions. For example, there may be times when the Services are unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain Services without giving you prior notice.

We will not be responsible for third-party content that we host or display on the Website such as third-party games or advertising and GameVito Private Limited shall not be held responsible or be held liable for third-party games that are hosted on the Company’s website. You are requested to kindly go through the terms and conditions of third-party contents hosted on our website and you undertake to abide by the same.

We will not be liable for any loss, damage or upset that you suffer as a consequence of any Service becoming temporarily or permanently unavailable.

We (and any third-party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the Services:

    • temporary, intermittent or permanent connection loss;

    • damage to your computer system or loss of data (whether due to a virus or other malicious software or not).

    • loss, damage or upset that you suffer as a consequence of the actions of another user;

    • loss or damage which is caused when it does not comply with the Terms but which we and you could not anticipate nor expect to happen when you started using the Services;

    • any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the Services, for instance if you lose revenue or salary, profit, opportunity or reputation; and

    • any loss or damage if the Services are not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.

All Services are provided on an 'as is' and 'as available' basis. We do not make any representation, guarantee or promise in respect of the Services, including, without limitation, any statements made by other users, third parties and/ or advertisers on or via the Services. We may change the Services at any time at our discretion. We may also make different features or promotions in our Services available to different users so your experience of using the Services may not be identical to other users.

We will take reasonable steps to ensure that our Services are free from viruses and other malicious software but we also recommend you use applicable anti-virus software as relevant.

What happens if I buy or download a GameVito Private Limited game through an app store?

You will also be asked to agree to the relevant app store terms which will apply in addition to these Terms. We suggest that you read these app store terms carefully.

If you download a Service onto your smartphone or tablet, it may offer push notification features. You may accept or refuse these, and can subsequently turn these off by visiting the settings menu on your device.

If you purchase any content through one of our Services via an app, for example Virtual Items or Subscriptions, then the relevant app store provider's terms and conditions applicable to in-app purchases will apply. You acknowledge that any billing and transactions are handled by the app store provider. You should contact the app store provider directly if you have any payment related issues with in-app purchases.

Is GameVito Private Limited responsible for third-party websites or content?

On some pages you may see links to third-party websites, advertising or content provided by third parties. These links are provided by third parties and not by us. We do not endorse any third-party website or content which is linked from our Services. Subject to applicable law or regulation, we are not responsible or liable for anything that happens to you or your data when you visit these third-party websites or use third-party content. If you visit any third-party website, please be aware that it may have its own terms of use, license agreement and privacy policy which you will need to be aware of.

Is GameVito Private Limited responsible for third-party advertising?

On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our Services. However, advertisers are typically required to comply with our advertising policy available here. Please report any advert that you find offensive or inappropriate here and we will investigate the matter.

If you click on any advert, you will be dealing with external companies responsible for that advert. We are not responsible or liable for anything that happens to you when you visit these third-party websites or use third-party content. If you visit any third-party website, please be aware that it may have its own terms of use, license agreement and privacy policy which you will need to be aware of.

Financial Terms

    • GameVito Private Limited also provides for paid tournaments of the Games on the Portal and Apps. The Users acknowledge and affirm that in order to participate in the tournaments, such User will be required to pay such amount specified on the relevant GameVito Private Limited page on the Portal/App (the “Entry Fee”). It is expressly clarified that any Entry Fee paid by a Participant may only be refunded at GameVito Private Limited sole discretion.

    • In addition to the foregoing, GameVito Private Limited may, at its sole discretion, charge a sum of 30 percent on all User Created tournaments and upto 35 percent on GameVito Private Limited created tournaments along with additional applicable GST taxes on entries into tournament or matches as entry fee or management fee (the “Entry Fees” or “Management Fee”).

    • The Entry Fee / Management Fee payable by a Participant shall be directly debited from such Participant’s account, along with applicable tax thereon. GameVito Private Limited shall issue such Participant or Winner with an invoice for such debit.

    • In addition to the aforesaid, Participants in and Winners in GameVito Private Limited shall comply with such additional financial conditions stipulated under applicable laws including Income Tax Laws.

TAXES

All Prizes shall be subject to deduction of tax (“TDS”) and all other applicable taxes including as per provided under Income Tax Act 1961. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the Prize money. Please note that the TDS certificate will be provided to only those users who qualify for the same and has completed the verification process. Additionally, GameVito Private Limited shall charge the applicable goods and service tax, or any other applicable statutory value added tax, on the Management Fee payable by Participation into tournaments or the Winners of any Prize. It is hereby expressly clarified that all tax payable under this Clause shall be determined on a per match, round or tournament per Game and on a per Team basis.

Are there any other legal terms I need to be aware of?

The Services are made available for personal and not commercial use. We do permit promotional references to our Services (for example reviews via social media and in blogs) but we do reserve the right to ask you to remove such content or refrain from further action.

You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under these Terms to any other person.

If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be amended to the minimum extent necessary to make it valid, legal and enforceable. If that part cannot be amended, it will be deleted. The amendment or deletion of any part of these Terms shall not affect the validity and enforceability of the rest of the Terms.

If we do not enforce any right we have against you, this does not prevent us from enforcing this right at a later date. A person who is not a party to these Terms does not have any rights under them.

These Terms supersede and take precedence over any other purported terms between you and us.

These Terms and our relationship with you are governed by Laws of India.

How can I contact you?

For customer support queries, please use our Web Form available GameVito.com/

For business queries, please email support@gamevito.com

When do these Subscription Terms and Conditions apply?

Some of our Services provide you with the opportunity to purchase a Subscription for access to fixed or dynamic content, premium content and/or Virtual Items on an ongoing basis. Subscriptions may be available at different fees and for different periods of time (the "Subscription Period") as specified in the Services at the point of purchase. These Subscription Terms and Conditions apply to all such purchases of Subscriptions.

What legal terms do I need to be aware of for Subscriptions?

Subscriptions are automatic regular payments that continue for the Subscription Period until cancelled.

Subscription fees are charged automatically on or before the beginning of each Subscription Period. Apple's App Store, Google's Google Play or Amazon platform may place a temporary "authorization hold" or "pending charge" on your payment card before any payment is due (including during a free trial period). Please see the section below "Why has my payment card been charged before payment is due?" for further details.

A Subscription is automatically renewed at the end of each Subscription Period unless you cancel it at least 24 hours before the expiry of the current Subscription Period. If you do not cancel the Subscription at least 24 hours before the expiry of the current Subscription Period, the Subscription fees for the next Subscription Period will be taken during the 24 hours before the expiry of the current Subscription Period.

If a Subscription fee cannot be taken due to the absence of monetary funds, invalidity of credit card or for any other reasons, the Subscription will not automatically end. The Subscription will automatically restart as soon as valid payment details are provided. Cancellation of a Subscription can only be done at your manual request. Please see the section below "How can I cancel a Subscription" for further details.

What is a trial period?

Some of our Subscriptions offer a trial period which is free of charge for a certain period of time that is specified in the Services. At the end of such trial period, the Subscription will automatically convert into a paid Subscription for the fees and for the Subscription Period set out in the Services at the time of activation of the trial period. If you do not cancel the Subscription within the trial period therefore, the first Subscription fee will be immediately and automatically charged when the trial period expires.

Please note that any paid Subscription begins immediately from the activation of such paid Subscription and not after the expiry of any trial period. Any unused trial period will therefore be forfeited if a Subscription is activated prior to the expiry of such trial period.

Unless otherwise stated, each trial period offer may only be used once on an account. We are entitled to temporarily or permanently ban any account that abuse free trial periods (including, without limitation, any user activating multiple trial periods on the same account).

Can I cancel my order once I have bought a Subscription?

You cannot cancel your Subscription for the current Subscription Period as that is activated as soon as you purchase a Subscription. However, you may cancel your Subscription for the next Subscription Period following the steps set out below.

How can I cancel a Subscription?

You can manage and cancel your subscriptions at any time in the Account Settings of your device. For iOS subscriptions, please see Apple's support page. For Google Play subscriptions, please see Google Play's support page. For Amazon subscriptions, please see Amazon's support page.

What happens when my Subscription ends?

You will immediately stop receiving any benefits such as "VIP access" that your Subscription provided including any regular free Virtual Items. You will also lose access to any Virtual Items that is only available for Subscribers.

Are Subscription fees refundable?

No. Except where required by law or at our sole discretion, paid Subscription fees are non-refundable.

Can Subscription fees change?

We may modify the Subscription fee at our sole discretion and at any time. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided reasonable prior notice of any change in Subscription fee. If you disagree with the change in Subscription fee, you may cancel your Subscription for the next Subscription Period following the steps set out in the section "How can I cancel a Subscription?".

Can Subscription content change?

Yes, we may modify the rewards and perks of each Subscription in our Services at our sole discretion.

Why do I still see advertising when I purchase a "remove ads" Subscription?

We use different types of advertising in our Services. When you purchase a Subscription that states that advertising is removed from a particular Service, it will not remove advertising that you choose to display. This includes rewarded video advertising which is only shown when you select the option to display it.

Why has my payment card been charged before payment is due?

All payment, billing and transaction processes are handled by the relevant third-party distributor or platform such as Apple's App Store or Google's Google Play. However, we understand that these platforms may place a temporary "authorization hold" or "pending charge" on your payment card before any payment is due (including during a free trial period). This is an action outside of GameVito Private Limited's control for the purposes of preventing credit card fraud but we understand no payment is actually taken from you until the 24 period prior to the commencement of a paid subscription period.

I have an issue with my Subscription. Who do I contact?

All payment, billing and transaction processes are handled by the relevant third-party distributor or platform such as Apple's App Store, Google's Google Play or Amazon. If you have any payment related issues, then you need to contact such distributors directly. For any other issues, please contact us.

Standard Terms and Conditions of Promotions

GameVito Private Limited may from time to time conduct promotional activities to promote the use of the Services by the Users. Participation in any Promotion will be subject to a User complying with GameVito Private Limited’s Terms and Conditions, and any specific promotion terms implemented by GameVito Private Limited in respect of such Promotion (“Promotion Terms”) and the Standard Terms. By participating in any Promotion, the Participant further consents to and agrees to adhere with the Terms and Conditions of the Games and the Privacy Policy. Each Promotion will be open for participation for such time periods as may be published from time to time (each “Promotion Period”).

    • The Promotions will vary from time to time and accordingly the T&C of the promotion will be updated in the promotion section of GameVito Private Limited website.

    • Participation in the Promotions is voluntary.

    • Participation in one (1) Promotion does not guarantee that such User will be eligible to participate in another Promotion.

    • A User may participate in a Promotion and avail of each Promotion only through one account. An existing User of GameVito Private Limited shall not register a new account or operate more than one (1) User account with GameVito Private Limited or participate in a Promotion by registering a new account.

    • Persons intending to participate in a Promotion, who have listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”), shall de-register themselves from the NDNC Registry till the completion of such Promotion. Such persons agree not to make any claim or raise any complaint whatsoever against GameVito Private Limited in this respect. Please note that persons intending to participate in a Promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against GameVito Private Limited if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to a Promotion.

    • The verification process may require Users to submit personal information about themselves, and the Users consent to receiving communication from GameVito Private Limited. Any information collected in respect of the User’s identity and contact details as part of a Promotion or otherwise in the course of Users’ use of the Portal shall be subject to GameVito Private Limited Privacy Policy.

    • GameVito Private Limited may, at its sole and absolute discretion, disqualify any User from a Promotion if such User engages in or it is found that such User has engaged in any illegal, unlawful or improper conduct (with regard to any of the Promotions or otherwise).

    • GameVito Private Limited reserves the right to withhold or forfeit the benefits of a Promotion (including any Prizes earned by the Participant by using such benefits) in the event that it determines or reasonably believes that the Participant has violated these Standard Terms, the applicable Promotion Terms or the Terms and Conditions of the Portal.

    • The decision of GameVito Private Limited will be final and binding with respect to the tournament decisions, Promotions, and the Prizes therein and no correspondence, objection, complaints, etc. will be entertained in this regard.

    • Each Promotion cannot be clubbed with any of other Game/offer/Promotion that are running simultaneously and organized or conducted by GameVito Private Limited.

    • Mere participation in a Promotion does not entitle the Participant to receive the benefits under such Promotion.

    • GameVito Private Limited reserves the right to change/modify/or withdraw any of the Promotions and/or change these Standard Terms and/or the Promotion Terms without any prior notice of the same at its sole discretion.

    • GameVito Private Limited does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participants of the Promotions.

    • Please note that if you are accessing third-party games that are hosted or displayed on the Website, additional terms and conditions for such third-party games may also apply. We recommend that you refer to the terms and conditions for such third-party games in addition to these terms.

    • Withdrawal policy: minimum withdrawal shall be Rs 100 and any withdrawal ranging from Rs.100 to Rs.300 shall be charged a convenience fee/withdrawal transaction charge of Rs 3 and the same shall be deducted at the time of disbursement and any withdrawal above Rs.300 shall be free.

    • Participation in tournaments is subject to the Rules mentioned on the app/web. You agree to abide by these rules at all times.

    • Hosting your own tournament in the app/web is subject to the rules, terms and conditions mentioned on the app/web. You agree to abide by these terms and conditions at all times.

Termination

These Terms and Conditions are effective unless and until terminated by either GameVito Private Limited or the Users. The Users may terminate these Terms and Conditions at any time by notifying GameVito Private Limited that they no longer wish to use the Portal or the Services, or when they cease using the Portal. If in GameVito Private Limited sole judgment the Users fail, or they suspect that the Users have failed, to comply with any term or provision of these Terms and Conditions, GameVito Private Limited may also terminate their access to the Portal, or cease the provision of the Services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the Portal or the Services (or any part thereof). The User shall be bound to comply with their obligation including pertaining to indemnification of the Company post termination of agreement.

Entire Agreement

These Terms and Conditions, the Privacy Policy and all other additional or modified terms and conditions and policies in relation to the Portal or any current or future service that may be offered by GameVito Private Limited, on a continuing basis in relation to any of the Services, that are posted by GameVito Private Limited on the Portal constitute the entire agreement and understanding between the Users and GameVito Private Limited with respect to the Portal, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Users and GameVito Private Limited (including, but not limited to, any prior versions of the Terms and Conditions, Privacy Policy, Disclaimer,).

Force Majeure

GameVito Private Limited 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 Company’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 Sports Event to which a Game relates. In such circumstances, GameVito Private Limited shall also be entitled to cancel any related Game(s) and to process an appropriate refund for all Participants.

Waiver

The failure of GameVito Private Limited to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Disputes and Jurisdiction

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third-party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus for the proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.

Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Mumbai.

Privacy Policy

We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, you acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.