Terms & Conditions
1.1. Wisely Fantasy Sports Private Limited (“ SportsWisely Fantasy Sports Private Limited”) is an Indian company incorporated under the Company Act, 2013. Wisely Fantasy Sports Private Limited operates a fantasy sports portal in India, which offers cricket online fantasy sports and games (the “Services”) through its web portal www.sportswisely.com, partner websites, mobile applications and portals (collectively, the “Portal”).
1.2. Capitalized terms used but not defined in
these Terms and Conditions shall have the meanings ascribe to them in Sports Wisely
latest version of which is available at [https://sportsWisely Fantasy Sports
1.3. These Terms and Conditions apply to all
users of the Portal, including any contributors of content (the “Users”).
1.4. By registering on, browsing, downloading,
using or accessing any part of the Portal or utilizing the Services, the
Users agree to be bound by these Terms and Conditions, as well as the Privacy
Policy, the website disclaimer (the “Disclaimer”), the Fantasy Rules, the Wisely
Fantasy Sports Private LimitedFree Terms (defined below), the Wisely Fantasy
Sports Private LimitedTerms (defined below), the Standard Terms (defined
below), the Promotion Terms (defined below) 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 Wisely Fantasy Sports Private
LimitedFantasy Sports Private Limited.
1.5. If at any time the Users do
not accept or agree to any of the Terms and conditions or policies
mentioned in Clause 1.4, on a continuing basis in relation to any of the
Services offered, they may not access the Portal or use any of the Services.
1.6. These Terms and Conditions were posted on
[22-Jun-2019]. Wisely Fantasy Sports Private LimitedFantasy Sports Private
Limitedreserves the right to periodically review, update, change or
replace any part of these Terms and Conditions as it may consider appropriate.
1.7. Any changes to these Terms and Conditions
will be posted on this page and where appropriate, notified to the Users by
1.8. Any Users’ continued usage of the Portal
or the Services after such changes constitutes their consent to such changes.
1.9. Users are encouraged to check these Terms
and Conditions regularly so as to be aware of modifications, if any.
2.1. Accepting these Terms and Conditions by
registering on, browsing, downloading, using or accessing any part of the
Portal or utilizing the Services will constitute a legal contract between the
User and the Wisely Fantasy Sports Private LimitedFantasy Sports Private
2.2. Any User who is “incompetent to contract”
within the meaning of the Indian Contract Act, 1872 including minors,
un-discharged insolvents etc. is not eligible to use the Portal.
2.3. Only individuals who are eighteen (18)
years of age or older may use the Portal and avail Services.
2.4. Wisely Fantasy Sports Private LimitedFantasy
Sports Private Limitedreserves the right to terminate any User’s account and/or
deny access to the Portal if it is brought to Wisely Fantasy Sports
Private LimitedFantasy Sports Private Limited’snotice that a particular User
has violated any of these Terms and Conditions.
2.5. Further, in the event of such termination
or denial of access, Wisely Fantasy Sports Private LimitedFantasy Sports
Private Limitedshall, subject to applicable deductions, refund all Entry Fees
(defined below) paid by the User (if applicable), to the User’s designated bank
2.6. The Services available on the Portal are
open only to persons currently residing in India.
2.7. Employees, directors, affiliates,
relatives and family members of those associated with Wisely Fantasy Sports
Private Limitedshall not be eligible to participate in any of the Services.
2.8. Users that are the residents of any
Embargoed States are prohibited from participating in Wisely Fantasy Sports
Private LimitedFantasy Sports Private Limited(defined below). “Embargoed
States” shall mean any State in which Users are legislatively prohibited
from participating in any games of skill (including Wisely Fantasy Sports
Private Limited) by making any payments for such participation, including
the States of Assam, Odisha, Sikkim, Nagaland and Telangana.
2.9. Only those Users who have successfully
registered on the Portal in the manner prescribed in Clause 3, as well as
registered prior to the utilization of any Service, in accordance with
the procedure outlined in these Terms and Conditions shall be eligible to
participate in the Services.
2.10. Certain Services being provided on the
Portal may be subject to additional conditions in that respect. To the extent
that the Standard Terms and Conditions are inconsistent with the additional
conditions set down, the additional conditions shall prevail.
3) Account Registration
and Withdrawal Process
3.1. Wisely Fantasy Sports Private LimitedFantasy
Sports Private Limitedpermits all its Users to access and view certain portions
of the Portal without registration. Users may utilize the Services and access
the Portal by opening an account on the Portal. By registering on the Portal or
utilizing the Services, users automatically become members.
3.2. The User’s membership is limited to the
purpose and is subject to the acceptance and adherence with these Terms and
Conditions. So long as the User abides by and accepts
these Terms of Service, Wisely Fantasy Sports Private LimitedFantasy Sports
Private Limitedgrants such users a non-transferrable, limited, non-exclusive
and revocable privilege to register an account on and use the Portal and avail
3.3. In order to register for the Services,
Users are required to accurately provide the following information:
- Full Name as per PAN;
- User Name(s);
- Valid E-mail address;
- States excluding any of the Embargoed States( Assam,
Odisha, Sikkim, Nagaland and Telangana);
- Address/Location ( AADHAR, Voter ID or Driving license
or Electricity bill not older than 3 months) and the document should not
- Valid Contact Number;
- Date of birth as per PAN;
3.4. Every account registered should have
unique email address, Phone number and the PAN details. If identified that the
same user details are being used under multiple accounts, then the Wisely
Fantasy Sports Private Limitedat its sole discretion will terminate/deactivate
the users account without the users consent and any deposits made will not be
3.5.For users registered through Facebook and
Google+, the random username generated should be revised to a proper
username. This is mandatory as per our updated policy and compliance
3.6. In the event a User indicates, while
entering their State of Residence, on the Portal that such User is a
resident of any Embargoed States(Assam, Odisha, Sikkim, Nagaland and
Telangana), owing to legislative restrictions therein, such User will not
be permitted to register for participation in Wisely Fantasy Sports Private
3.7. The Users agree to provide accurate,
current and complete information during the registration process and to
update their user account at the earliest in the event of any changes to the
3.8. On registration, each User will receive a
password-protected account and log in information. It shall be the
responsibility of the User to treat their log in information, password and any
other information that is provided by Wisely Fantasy Sports Private Limited, as
part of the security procedures, as confidential and not disclose the same to
any person or entity other than Wisely Fantasy Sports Private Limited. Each
User is solely responsible for all activities that occur under their account,
including the use of any of the Services.
3.9. Wisely Fantasy Sports Private Limited, at
its sole and absolute discretion and without any notice to the Users, reserves
the right to restrict, suspend or terminate any account or access to the
Portal or Services temporarily or permanently:
- if any information provided during the registration
process or thereafter proves to be inaccurate, not current or
- if the Users are found to be non- compliant with
these Terms and Conditions.
3.10. Wisely Fantasy Sports Private Limitedmay,
at its sole and absolute discretion:
- restrict, change, suspend, or terminate any User’s
access to all or any part of the Portal or theServices;
- reject, move, or remove any material that may be
submitted by the User;
- move or remove any content that is available on the
- deactivate or delete a User’s account and all related
information and files on their account;
- establish general practices and limits concerning use
of the Portal and the Services;
- revise or make additions to the roster of players
available for selection in a Game (defined below) on account of
revisions to the roster of players involved in the relevant real time
Sports Event (defined below); and
- assign its rights and liabilities with respect to all
User accounts hereunder, to any entity.
3.11. Notwithstanding anything to the contrary
herein, the Users acknowledge and agree that they shall have no ownership
or other interest in their account, and further acknowledge and agree that
all rights in and to their account are and shall forever be owned by and inure
to the benefit of Wisely Fantasy Sports Private Limited.
3.12. By accepting the T&C during
registering with Wisely Fantasy Sports Private Limited, the user also accepts
to receive news, updates, offers/ campaign related SMS, to the mobile phone
number provided by the user, even while on DND status.
3.13. Depending on the volume, the user verification
will take from few hours to 5 business days once the request is
submitted. Please note that the verifications will be processed only
from Monday to Friday and not on the weekends (Saturday and Sunday).
4.1. Only the verified users will be able to place
the withdrawal requests.
4.2.The bank account details should be unique and
should not be present under any other Wisely Fantasy Sports Private LimitedFantasy
Sports Private Limited user account.
4.3. Each bank holds unique IFSC code and it is
11 digit alphanumeric code. The users must ensure to provide the right IFSC in
order to avoid any cancellation of the withdrawal request.
4.4. If the location of the bank belongs to any
of the Embargoed States( Assam, Odisha, Sikkim, Nagaland and Telangana), the
transaction will not be processed.
4.5. The name on the PAN card, name on the Wisely
Fantasy Sports Private Limitedaccount and the name on the Bank from which the
user is placing the request should be the same.
4.6. Valid personal email address should be
updated on the Wisely Fantasy Sports Private Limiteduser account before placing
the withdrawal request
4.7. Once the request is placed, it will take a
maximum of 3-7 business days for the request to be processed from the date of
4.8. After 7 business days, if the amount still
do not reflect in your bank account, we request the users to contact WiselyFantasy
Sports Private Limitedsupport team with the copy of Password protected bank
statements issued by the respective Bank.
4.9. Wisely Fantasy Sports Private Limitedconsiders
the bank account information provided by the users is accurate. Based on this
information, any withdrawal requests on the user account will be processed.
Once this is done, Wisely Fantasy Sports Private Limitedis not liable for any
wrong/incorrect information provided by the user while placing the withdrawal
request, incase of transaction failures or funds being transferred to different
4.10.Withdraw Limit- The minimum amount for a single
withdraw request is Rs. 500 and Maximum amount can be withdrawn is Rs.
4.11. Withdrawals are processed only from Monday
to Friday and funds are not disbursed on the weekends.
4.12. Once the transactions are processed,
please allow 7 business days for the funds to reflect in your bank accounts.
5.1. Deposits to user accounts are made through
various payment gateways which are verified to ensure that all the transactions
are safe and secure:
5.2.Any deposits made through payment gateways
should reflect immediately in users Wisely Fantasy Sports Private Limited
account. If there is any delay and if the transaction shows pending on Wisely
Fantasy Sports Private Limited account, please allow 3-5 business days for the
transaction to be resolved and status to be updated. For any further
assistance, please contact us: firstname.lastname@example.org
5.3. When making deposit to user account, if
the transaction fails due to unknown reasons and the amount is deducted from
your payment gateway wallet and not credited in your Wisely Fantasy Sports
Private Limited user account, please contact the payment gateway that you used
to make the payment for the refund.
5.4. Please be advised that in case of
transaction failures, Wisely Fantasy Sports Private Limited does not receive
payments and hence, is not liable to make refund. In this case, the refunds are
to be made by the payment gateways.
5.5. For any reasons, if the match is
abandoned/cancelled before or after the start of the game, the user gets his
buy-ins refunded automatically.
6) Games and
6.1. Wisely Fantasy Sports Private Limited, as
part its Services, conducts free games (“Wisely Fantasy Sports Private LimitedFree”)
and paid games (“Wisely Fantasy Sports Private Limited”) on
the Portal, including:
- fantasy cricket games; (Wisely Fantasy Sports Private Limited
shall be collectively referred to as the “Games”).
6.2. Users wishing to participate in the
Games (“Participants”) can create their own fantasy teams (“Teams”)
consisting of virtual representations of cricketers, footballers, kabaddi
players or players of other games (as applicable), involved in the
cricket/football/kabaddi/other match (as applicable), series or tournament
(each a “Sports Event”) to which the corresponding Game relates.
6.3. Participant can participate in Games
pertaining to such Sports Events with their Teams, with each Team being awarded
points on the basis of the performance of such cricketers, footballers, kabaddi
players or players of other games at the end of a designated match, round or
tournament of the Game.
6.4. The Participant whose Team has achieved
the highest aggregate score in the Game shall be declared the winner of
such Game (each, a “Winner”). In certain pre-specified Games, Wisely Fantasy
Sports Private Limitedmay declare more than one (1) Winner and distribute
prizes to such Winners in increasing order of their Team’s aggregate score at
the end of the designated rounds of the Games.
6.5. The Games shall, be governed by latest
version of Fantasy Rules and Terms and Conditions specified by Wisely Fantasy
Sports Private Limitedfrom time to time accessible at [www.sportswisely.com].
6.6. Participants may create different Teams
for participation in certain Games, offered in relation to a Sports Event
(“Multiple Entry Games”). Participants hereby acknowledge and agree that
they may enter only one (1) Team in any Game offered in relation to one (1)
particular Sport Event, unless such Game is specifically classified as a
Multiple Entry Game.
6.7. A Participant may enter more than one (1)
Teams in a single Multiple Entry Tournament and the Participant can edit all
the teams till before the game starts.
6.8. Additionally, it is expressly clarified
that Wisely Fantasy Sports Private Limitedreserves the right to unilaterally
restrict the maximum number of Teams that may be created by a single User
account (for each format of the Games) or which a User account may enter
in a particular Multiple Entry Game.
6.9. LUCKY DRAW: Wisely Fantasy Sports Private Limitedwill
not allow participation from the residents of Tamil Nadu in a Lucky draw due to
the Tamil Nadu Prize Schemes (Prohibition) Act, 1979, which prohibits the
promotion or conduct of such contests. However, this law is not applicable for
7) Game Formats
7.1. Wisely Fantasy Sports Private Limitedprovides
Games in two (2) separate formats:
(a) public games,
where Users can participate in a Game with other Users without any
restriction on participation (“Public Games”); and
(b) private games,
where Users can invite specific Users to a Game and restrict participation
to such invited Users (“Private Games”).
7.2. Public Games: Public Games usually comprise two (2)
Participants, three (3) Participants, five (5) Participants, ten (10)
Participants, one hundred (100) Participants or any other pre-designated number
of Participants as determined by Wisely Fantasy Sports Private Limited, with
the Winners of Public Games determined at the end of each respective round
of the Game.
- In the event the requisite number of Participants
do not register for a Public Game in Wisely Fantasy Sports Private Limitedwithin
the time for the commencement of such round, the Public Game will not
be operational, and the Entry Fee paid by the Participants shall be
refunded to the Participants without any charge or deduction.
7.3. Confirmed Games: Certain Public Games may be designated as
‘confirmed’ Public Games wherein even if all available Participant slots
are not filled within the specified time, such Public Game will become
operational once the number of Participants equal the pre-specified number
of Winners for such Public Game.
- Participants can continue to join a
‘confirmed’ Public Game till either (a) all available Participant
slots of such Public Game is filled; or (b) such round of the Public Game
commences, whichever is earlier.
- In case a ‘confirmed’ Public Game in Wisely
Fantasy Sports Private Limitedis not operational within the time for the
commencement of the respective round, the Entry Fee paid by the
Participants shall be refunded to the Participants without any charge
7.4. Private Games: In Private Games, Users may create Games
and invite other players, whether existing Users or otherwise (“Privately
Invited Users”), to create Teams and participate in such Games. Users may
create Private Games that consist of between two (2) to ten
(10) Participants. The User creating a Private Game shall provide a name
to identify the same and may participate in such Private Game after paying
the requisite Entry Fee, if such Private Game is in Wisely Fantasy Sports
- The User understands and agrees that once a Private
Game is created, no change or alteration of the terms or constitution
of such Private Game is permitted, except for a change in the Private
- Post the creation of a Private Game, the User is
provided with a unique identification code (“Game Code”) that may be
shared with Privately Invited Users to participate in such Private Games.
- Alternatively, Users creating Private Games may
share the Privately Invited Users’ email address or contact
details on commonly used social media platforms with Wisely Fantasy
Sports Private Limited, who shall utilize such information to send a
message or email inviting the Privately Invited User to register on the
Portal (if applicable), and to participate in such Private
- In order to participate in a Private Game, a Privately
Invited User is required to register themselves on the Portal (if
applicable), input the Game Code associated with such Private Game and pay
the requisite Entry Fee (in the case of Wisely Fantasy Sports Private
Limited) for participation in such Private Game.
- Once the Participants in a Private Game equals the
number of pre-specified Participants designated by the User who
created such Game, such Private Game shall be rendered operative, and no
other Privately Invited Users shall be permitted to participate in the
- Wisely Fantasy Sports Private Limiteddisclaims all
liability for the inability of any Privately Invited User to participate
in any Private Game for any reason whatsoever, including without
limitation due to a hardware or technical malfunction or lack of
eligibility of such Privately Invited User to participate in the
8) Selection and
Verification of Winners and Prizes
8.1. Winners will be decided on the basis of
the scores of the Teams in a designated round (which may last anywhere
between a day and an entire tournament) of the Games.
- Participants selecting the Team with the highest
aggregate score in a particular round shall be declared the Winner.
- In certain pre-specified Games, Wisely Fantasy Sports
Private Limitedmay declare more than one (1) Winner and distribute
prizes to such Winners in increasing order of their Team’s aggregate score
at the end of the designated round of the Game.
- The contemplated number of Winners shall be
as specified on the Game page prior to the commencement of the Game.
Participants creating Teams on behalf of any other Participant or person
shall be disqualified.
8.2. The Winners in Wisely Fantasy Sports
Private Limitedshall be entitled to cash prizes, the quantum of which is
denoted on the relevant Wisely Fantasy Sports Private Limitedpage, prior
to the commencement of such Wisely Fantasy Sports Private LimitedGame (the
- It is clarified that Wisely Fantasy Sports Private
Limitedhas no right or interest in the Prizes, and only acts as an
intermediary engaged in collecting and distributing the Prizes in
accordance with Wisely Fantasy Sports Private Limitedterms and conditions.
The decision of Wisely Fantasy Sports Private Limitedwith respect to the
awarding of Prizes shall be final and binding.
8.3. In the event of a tie between two (2) or
more Participants, the team with the most funds remaining after his submission
of his team will be considered as the winner.
8.4. Winners shall be contacted by Wisely Fantasy Sports Private Limitedor
the third party conducting the Game on the e-mail address provided at the time
- Additionally, the list of Winners shall be
posted on a separate web-page on the Portal. In the event that a
Participant has been declared a Winner on the above-mentioned
web-page but has not received any communication from Wisely Fantasy
Sports Private Limited, such Participant may contact Wisely Fantasy Sports
Private Limitedwithin the time specified on the webpage.
- Wisely Fantasy Sports Private Limitedshall not be
responsible for communication errors, commissions or
omissions including those of the Participants due to which the results
may not be communicated to the Winner.
8.5. The Winners of any Prize shall have
intimated of the additional documents to be provided for
verification, including but not limited to:
- Photocopy of the Winner’s Income Tax PAN card;
- Photocopy of the Winner’s government-issued residence
- Winner’s bank account details;
The Winners shall submit
the aforementioned documents, including any additional documents requested
within the time period specified by Wisely Fantasy Sports Private Limited,
failing which, the Winners shall forfeit their claims to the Prizes. Wisely
Fantasy Sports Private Limitedshall not entertain any claims or requests for
extension of time for submission of documents.
8.6. Wisely Fantasy Sports Private Limitedshall
verify all documents submitted and may, at its sole and absolute
discretion, disqualify any Winner from withdrawing the Prizes on the
- determination by Wisely Fantasy Sports Private Limitedthat
any document or information submitted by the Winner is incorrect,
misleading, false, fabricated, incomplete or illegible; or
- Violation of any of the terms of these Terms and
Conditions, including the Eligibility Criteria specified in Clause 2.
8.7. In addition to the foregoing, if on the review
of the documents provided it comes to Wisely Fantasy Sports Private Limited‘s attention
that the Winners of a Prize are residents of any Embargoed States(Assam,
Odisha, Sikkim, Nagaland and Telangana):
- the Winner shall forfeit the Prize;
- Wisely Fantasy Sports Private Limitedshall immediately
refund any Entry Fee charged for the Participation in Wisely Fantasy
Sports Private Limited; and
- Wisely Fantasy Sports Private Limitedmay, at its sole
discretion, restrict, suspend, or terminate the Winner’s access
to all or any part of the Portal or the Services.
- On completion of the verification process to the
satisfaction of Wisely Fantasy Sports Private Limited, the Winners shall
be permitted to claim and withdraw/receive their Prize to their
designated bank accounts.
Acceptance of a Prize by
the Winner constitutes permission for Wisely Fantasy Sports Private Limited,
and its affiliates to use such Winner’s name, likeness, voice and comments
for advertising and promotional purposes in any media worldwide, for the
purposes of advertising and trade without any further permissions or
consents and additional compensation whatsoever. Such Winners
further undertake to be available for promotional purposes as planned and
desired by Wisely Fantasy Sports Private Limitedwithout any charge, the exact
dates of which remain at the sole discretion of Wisely Fantasy Sports Private
Limited. Promotional activities include, but are not limited to press
events, internal meetings and ceremonies/functions.
10) Financial Terms
10.1. Wisely Fantasy Sports Private Limitedalso
provides for paid versions of the Games on the Portal, i.e. Wisely Fantasy
Sports Private Limited. The Users acknowledge and affirm that in order to
participate in Wisely Fantasy Sports Private Limited, such User will be required
to pay such amount specified on the relevant Wisely Fantasy Sports Private
Limitedpage on the Portal (the “Entry Fee”). It is expressly clarified
that subject to Clause 8.7, any Entry Fee paid by a Participant may only
be refunded at Wisely Fantasy Sports Private Limited’ssole discretion.
10.2. All Entry Fees collected by Participants in Wisely Fantasy
Sports Private Limitedshall be held in Nodal account by Wisely Fantasy
Sports Private Limiteduntil the determination of the Winners and the distribution
of the Prizes.
10.3. Wisely Fantasy Sports Private Limitedreserves the right to
charge the Winners of any Prizes a fee for the providing access to the
Services, for improving and maintaining the Portal, as well as awarding the
Prizes, at the rate of four-point five percent (4.5%) along with an
applicable GST taxes of the Prize payable to such Winner (the “Cash Out Fee”).
10.4. In addition to the foregoing, Wisely Fantasy Sports Private
Limitedmay, at its sole discretion, charges a sum of ten percent (10%) on
all User Created tournaments and twenty percent (20%) on Wisely
Fantasy Sports Private Limitedcreated 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”).
10.5. The Entry Fee / Management Fee payable by a Participant shall
be directly debited from such Participant’s account, along with applicable
tax thereon. Wisely Fantasy Sports Private Limitedshall issue such
Participant or Winner with an invoice for such debit.
10.6. In addition to the aforesaid, Participants in and Winners in Wisely
Fantasy Sports Private Limitedshall comply with such additional financial
conditions stipulated at [Income Tax Act 1961, at the rate of
thirty percent (30%)] that is on winnings in excess of Rs 10,000/-.
11.1. All Prizes shall be subject to deduction of
tax (“TDS”) as per the Income Tax Act 1961, at the rate of thirty percent
(30%) of the Prize Amount when the price amount exceeds Rs.10000 for a single
team in a tournament. This is applicable to residents of India and every
quarterly, the winners will be provided with TDS certificates in respect
of such tax deductions. 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.
11.2. Please note that the TDS certificate will be
provided to only those users who qualify for clause 11.1 and has completed the
11.3. Additionally, Wisely Fantasy Sports
Private Limitedshall 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
12) Standard Terms and
Conditions of Promotions
Wisely Fantasy Sports
Private Limited may from time to time conduct promotional activities to promote
the use of the Services by the Users. The terms and conditions attached to such
promotions are available at [https://Wisely Fantasy Sports Private Limited.in/blog/all/2018/May]:
12.1. These standard terms and conditions of
promotions (the “Standard Terms”) supplement the terms of promotions
undertaken on the Portal and which reference these Standard Terms
(each a “Promotion”):
12.2. Participation in any Promotion will be subject to a User
complying with Wisely Fantasy Sports Private Limited’sTerms
and Conditions, and any specific promotion terms implemented by Wisely
Fantasy Sports Private Limitedin respect of such Promotion (“Promotion
Terms”) and these Standard Terms. By participating in any Promotion, the
Participant further consents to and agrees to adhere with the Terms
open for participation for such time periods as may be published from time
to time (each a “Promotion Period”).
12.3. The Promotions are only open to Users resident in India.
Participation in the Promotions by proxy is not permitted.
12.4. The Promotions will vary from time to time and accordingly
the T&C of the promotion will be updated in the promotion section of Wisely
Fantasy Sports Private Limited.in website.
12.5. Participation in the Promotions is voluntary.
12.6. Participation in one (1) Promotion does not guarantee that
such User will be eligible to participate in another Promotion.
12.7. A User may participate in a Promotion and avail of each
Promotion only through one account. An existing User of Wisely Fantasy
Sports Private Limitedshall not register a new account or operate more
than one (1) User account with Wisely Fantasy Sports Private Limitedor
participate in a Promotion by registering a new account.
12.8. 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 Wisely Fantasy Sports Private Limitedin
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 Wisely Fantasy Sports Private Limitedif they do or do not receive
any call or SMS with respect to their participation and all other matters
pertaining to a Promotion.
12.9. The verification process may require Users to submit personal
information about themselves, and the Users consent to receiving
communication from Wisely Fantasy Sports 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
12.10. Wisely Fantasy Sports Private Limitedmay, 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).
12.11. Wisely Fantasy Sports Private Limitedreserves 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.
12.12. The decision of Wisely Fantasy Sports Private Limitedwill be
final and binding with respect to the Promotions, and the Prizes therein
and no correspondence, objection, complaints, etc. will be entertained in
12.13. Each Promotion cannot be clubbed with any of other
Game/offer/Promotion that are running simultaneously and organized or
conducted by Wisely Fantasy Sports Private Limited.
12.14. Mere participation in a Promotion does not entitle the
Participant to receive the benefits under such Promotion.
12.15. Wisely Fantasy Sports Private Limitedreserves 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.
12.16. Wisely Fantasy Sports Private Limiteddoes not make any
commitment, express or implied, to respond to any feedback, suggestion
and, or, queries of the Participants of the Promotions.
12.17. It is hereby expressly clarified that any
bonus amount cannot be:
(i) used to join two
(2)-member Games; or
(ii) withdrawn or
transferred to any other cash balance account held by the User with Wisely
Fantasy Sports Private Limitedor to any third-party account or to any
bank/payment instrument account.
12.18. Notwithstanding anything contained herein,
the aggregate liability of Wisely Fantasy Sports Private Limitedto
a participating user in relation to any Promotion for any reason whatsoever
shall not exceed Rupees One Hundred Only (INR 100/-).
12.19. The Promotions shall be governed by the laws of the Republic
of India, and any disputes or disagreements in respect of this Promotion
shall be subject to the exclusive jurisdiction of the courts of Bangalore.
13) Standard Terms and
Conditions of Bonus:
13.1. All users can take the advantage of the
bonus facility on Wisely Fantasy Sports Private Limited.in. Users will not be
eligible for multiple bonus payouts for the same bonus campaign. Specific
promotional terms apply for each bonus promotion.
13.2. Any bonus amount or participation credits
deposited into the User’s account pursuant to any Promotion can only be
used to participate in Wisely Fantasy Sports Private Limited. Any bonus amount
or participation credits to a User’s account shall lapse within ninety
(90) days from such amount being credited to the User’s account, if
13.3. Wisely Fantasy Sports Private Limited.in
promises to give valid, approved and verified users a seamless and
user-friendly experience. Any mismatch, abuse or fraud by the user will
result in immediate account suspension and cancellation with the
unfortunate loss of any funds in the account.
13.4.The Bonus is released by refunding 5% of the
buy-in for each admin-created tournament you enter and up to 2% for a
user-created tournament. Upon payment of a tournament, this amount will
be added as cash to the user’s account.
13.5. In the event of a tournament cancellation
or any other action that results in a refund, Wisely Fantasy Sports
Private Limitedis entitled to retract the bonus issued to the user.
13.6. The platform, Wisely Fantasy Sports
Private Limited.in, reserves full authority to change the terms of the bonus in
the areas of earlier release of bonus funds, extending bonus use deadline
and other associated areas.
- With the exception of the first deposit bonus and other
deposit bonuses available for all users of Wisely Fantasy Sports
Private Limited.in, the platform reserves the right to offer any
additional bonuses to certain eligible and qualified users.
- Any unconverted Bonus in the user’s account, beyond 90
days from the first credit, can be cancelled by Wisely Fantasy Sports
Private Limited.in. The terms and conditions of the specific bonus offer
will be applicable.
- The Cash Bonus Account shall contain amounts
gratuitously issued by Wisely Fantasy Sports Private Limitedto the
User for use in participation in any Game(s) and no User shall be
permitted to transfer or request the transfer of any amount in to the
Cash Bonus Account. The usage of any amounts issued and present in
the Cash Bonus Account shall be subject to the limitations and
restrictions, including without limitation, restrictions as to time
within which such amount must be used, as applied by Wisely Fantasy
Sports Private Limitedand notified to the User at the time of issue of
such amount. The issue of any amount to the Cash Bonus Account is
subject to the sole discretion of Wisely Fantasy Sports Private Limitedand
cannot be demanded by any User as a matter of right. The issue of any such
amount on any day shall not entitle the user to demand the issuance
of such amount at any subsequent period in time nor create an
expectation of recurring issue of such amount by Wisely Fantasy Sports
Private Limitedto such User. The amount standing to the credit of the User
in the Cash Bonus Account may be used by such User for the sole
purpose of setting off against the participation fee in any Game, in
accordance with these Terms and Conditions. The amount standing to the
credit of the User in such User’s Cash Bonus Account 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 Game(s). In case
the User terminates his/her account with Wisely Fantasy Sports
Private Limitedor such account if terminated by Wisely Fantasy Sports
Private Limited, all amounts standing to the credit of such User in
the Cash Bonus Account shall return to Wisely Fantasy Sports Private
Limitedand the User shall not have any right or interest in such amounts.
14) Additional Financial
14.1. The User’s winnings in any Game will
reflect as credits to the User’s Wallet. It is clarified that in no
instance will Wisely Fantasy Sports Private Limitedpermit the transfer of any
amounts in the User’s accounts any third-party account, including a
bank account held by a third party or to any other different user account on
14.2. Any deposits to the user account has to be
made through any of the payment gateways and the deposits will reflect in the
user wallet balance . The payment made shall be credited to the User’s accounts
and each time a User enters a Game, the applicable Entry Fee towards
participation in the round shall be debited from the User’s accounts. Once
the Buy-in is made, only then the cashback from the bonus will be credited back
I n the users wallet
14.3. In case there is any amount remaining to be
paid by the User in relation to such User’s participation in any round(s)
or Game(s), the User will be taken to the designated payment gateway to
recharge the wallet.
- In case any amount added by the User through such
payment gateway exceeds the remaining amount of Entry Fee, the amount
in excess shall be transferred to the User’s wallet and will be available
for use in participation in any round(s) or Game(s) or for withdrawal in
accordance with these Terms and Conditions.
14.4. A User shall be permitted to withdraw any deposits credited
into his/her User’s Account for any reason whatsoever by contacting the Wisely
Fantasy Sports Private Limitedcustomer support in the event the user wants the
refund of the deposit. In such cases, the amount will be refunded after 48
hours of submitting the request.
14.5. All amounts credited into a User’s
Account must be utilized within three hundred and thirty-five (335) days
of credit. In case any unutilized amount lies in the Account after the
completion of three hundred and thirty-five (335) days from the date
of credit of such amount, Wisely Fantasy Sports Private Limitedreserves
the right to forfeit such unutilized amount, without liability or obligation
to pay any compensation to the User.
14.6. Withdrawal of any amount standing to the
User’s credit in the Winnings Account may be made by way only through the
cash out request from the users account. All requests for withdrawal shall take
a maximum of three (3)-seven (7) business days to process, from the date
of submission of such request.
14.7. Any amount paid or transferred into the User’s
Account or Winnings Account may take up to twenty-four (24) hours to
reflect in the User’s Account or Winnings balance. Similarly, money
debited from the User’s Cash Bonus Account or Winnings Account may take up
to twenty-four (24) hours to reflect in the User’s Account or Winnings
Account balance. Users agree not to raise any complaint or claim against Wisely
Fantasy Sports Private Limitedin respect of any delay, including any lost
opportunity to join any Game or round due to delay in crediting of
transaction amount into any of the User’s accounts.
14.8. A transaction, once confirmed, is final and no cancellation
is permissible. However, Wisely Fantasy Sports Private Limitedmay, at its
sole and absolute discretion, permit a User to cancel a transaction
and refund the amount paid; (a) if the User sends a written request to Wisely
Fantasy Sports Private Limitedfrom the registered email address to cancel
such payment or (b) if an Entry Fee is paid, the
cancellation request must be received at least two (2) days prior to the
commencement of the Game in respect of which such payment is made. We
shall not be liable to refund any amount thereafter.
14.9. Wisely Fantasy Sports Private Limitedmay, 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
said 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.
14.10. If Wisely Fantasy Sports Private Limitedidentifies
that the same bank account details are being used under two or more different
user accounts/user IDs, then the Wisely Fantasy Sports Private Limitedat its
sole discretion will terminate the accounts without users consent and the
balance in such user account will neither be transferred to any other user
account nor user will be able to withdraw the amount ;
15) User Conduct and Representations
15.1. The Users hereby undertake and confirm
- Shall not register or operate more than one (1) User
account on the Portal;
- Shall not link the same bank account with two different
user accounts/user IDs;
- agree to ensure that they can receive all communication
from Wisely Fantasy Sports Private Limitedby marking e-mails from Wisely
Fantasy Sports Private Limitedas part of their ‘safe senders’ list. The
Users also consent to receiving communications such as announcements,
administrative messages and advertisements from Wisely Fantasy Sports
Private Limitedor any of Wisely Fantasy Sports Private Limited’spartners,
licensors or associates;
- shall not reveal any password issued by Wisely Fantasy
Sports Private Limitedto anyone else or use any other
User’s passwords. The Users undertake to maintain the confidentiality
of their accounts and passwords and shall immediately notify Wisely
Fantasy Sports Private Limitedof any unauthorized use of
their passwords or accounts or any other breach of security;
- shall exit/log-out of their accounts at the end of each
session and shall not to use cheats, exploits, automation, software, bots,
hacks or any unauthorized third-party software designed to modify or
interfere with Services and/or the Portal or assist in such activity;
- shall not 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 the Portal or the Services;
- shall not, without Wisely Fantasy Sports Private
Limited’s express written consent, modify or cause to be modified any
files or software that are part of the Portal and/or the Services;
- shall not disrupt, overburden, or aid or assist in the
disruption or overburdening of (a) any computer or server used to
offer or support the Portal or the Services (each a “Server”); or (b) the
enjoyment of the Services by any other User;
- shall not 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 Services
or any other person’s use or enjoyment of the Services;
- shall use Wisely Fantasy Sports Private Limited’s
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. And
- shall not attempt to gain unauthorized access to other
User accounts, Servers or networks connected to Portal or the
Services, 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 the
Portal or Services.
15.2. Without limiting the foregoing, the Users
agree not to use the Portal or the Services for any of the following:
- to engage in any obscene, offensive, indecent, racially
charged, communal, anti-national, objectionable, defamatory or
abusive action or communication;
- to harass, stalk, threaten, or otherwise violate any
legal rights of other Users or 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, Portal,
Services, any software, hardware, or telecommunications equipment;
- to advertise, offer or sell any goods or services for
any commercial purpose on the Portal, without the express written
consent of Wisely Fantasy Sports Private Limited;
- to Transmit content regarding services, products,
surveys, games, pyramid schemes, spam, unsolicited advertising or
promotional materials, or chain letters;
- to download any file, recompile or disassemble or
otherwise affect the Portal or Services, that the User knows or
should reasonably 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 the Portal;
- to collect or store personal information about other
- to interfere with or disrupt the Portal, Services,
Servers, or networks;
- to impersonate any person or entity, including, but not
limited to, a representative of Wisely Fantasy Sports Private Limited,
or falsely state or otherwise misrepresent your 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 the Portal or to manipulate such User’s presence on the
- to take any action that imposes an unreasonably or
disproportionately large load on Wisely Fantasy Sports Private
Limited’s Servers; or
- to engage in any illegal activities.
15.3. If a User chooses a username or tournament
name that, in Wisely Fantasy Sports Private Limited’s opinion is obscene,
indecent, abusive or that might subject Wisely Fantasy Sports Private
Limited to public disparagement or scorn, Wisely Fantasy Sports Private Limited
reserves the right but not the obligation, without prior notice to the
User, to change such username and intimate the User or delete such
username and posts from the Portal, deny such User access to the
Portal and/or Services, or any combination of these options.
15.4. The Users shall at all times ensure full compliance with the
applicable provisions, as amended from time to time, of (a) the
Information Technology Act, 2000 and the rules thereunder; and (b) all
applicable domestic laws, rules and regulations (including the provisions of
any applicable exchange control laws or regulations in force) regarding
the use of the Portal and Services.
15.5. The Users understand that their content, may be transferred
unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices. The Users understand and acknowledge that the use of
the Portal requires internet connectivity and telecommunication links. The
Users shall bear the costs incurred to access and use the Portal and
availing the Services.
15.6. The Users hereby represent and warrant that:
- they are competent to contract in terms of the Indian
Contract Act, 1872;
- they have not been disqualified or had their account
previously suspended or removed by Wisely Fantasy Sports Private
Limited on the Portal;
- they have the right, authority and capacity to be bound
the Terms and Conditions;
- they have not impersonated any person or entity or
otherwise mispresented their identity, age or affiliation to any
person or entity; and
- all information submitted by the Users is truthful,
lawful and accurate, including but not limited to information
provided to Wisely Fantasy Sports Private Limited pursuant to Clause 8.5.
16.1. The Portal and the Services includes a combination of content
created by Wisely Fantasy Sports Private Limited, our partners, licensors,
associates or Users. The intellectual property rights (the
“Intellectual Property Rights”) in every software underlying the Portal,
Services and the material published on the Portal, including (but not
limited to) the Services, software, advertisements, written content,
photographs, graphics, images, illustrations, marks, logos, audio or video
clippings and flash animation, is owned by Wisely Fantasy Sports Private
Limited, our partners, licensors and/or associates.
16.2. Users shall 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 the Portal either in whole or
in part without our express written consent.
16.3. Users are solely responsible for all materials (whether
publicly posted or privately transmitted) that such Users upload, post,
e-mail, transmit, or otherwise make available anywhere on the Portal (the
16.4. Each User represents and warrants that
such User owns all Intellectual Property Rights in the Users’ Content and
that no part of the Users’ Content infringes any third-party rights.
16.5. Each User further confirms and undertakes
to not display or use the names, logos, marks, labels, trademarks, copyrights
or intellectual and proprietary rights of any third party on the Portal.
16.6. Users agree to indemnify and hold harmless Wisely
Fantasy Sports Private Limited, 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 the
Portal, by such User or through the User’s commissions or omissions.
16.7. Users hereby grant Wisely Fantasy Sports Private Limited 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 the Portal;
- distributing Users’ Content, either electronically or
via other media, to other Users seeking to download or otherwise
acquire it, and
- 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 the Portal belonging to any
person (including a 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 thereof.
17) Third Party Sites, Services and Products
17.1. The Portal and the Services may contain
links to other internet sites owned and operated by third parties. The
Users’ use of each of those sites is subject to the conditions, if any,
posted by the respective sites. Wisely Fantasy Sports Private Limited do
not exercise control over any internet sites apart from www.Wisely Fantasy
Sports Private Limited.in and cannot be held responsible for any content
residing in any third-party internet site, whatsoever. The inclusion of
third-party content or links to third-party internet sites is not an
endorsement by Wisely Fantasy Sports Private Limited of such third-party
internet site or the contents therein. (PAYMENT in THIRD PARTY)
17.2. User correspondence, transactions or related activities with third
parties, including payment providers and verification service providers,
are solely between the User and such third party. Further, User
correspondence, transactions and usage of the services 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 of such third party. The Users agree that Wisely
Fantasy Sports Private Limited shall not be responsible or liable for any loss
or damage of any sort, incurred as a result of any such transactions with
third parties. Any questions, complaints, or claims related to any
third-party product or service should be directed to the appropriate
Completeness and Timeliness of Information
18.1. Wisely Fantasy Sports Private Limited is
not responsible for any inaccuracy, incompleteness or outdated information
made available on the Portal, either provided by the Users or otherwise.
The material on the Portal is provided for general information only and
should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely
sources of information. The Users agree that Wisely Fantasy Sports Private
Limited does not own any responsibility or obligation whatsoever towards
either ensuring the accuracy of the information provided by the Users. Any
reliance on the material on the Portal is at the Users’ own risk.
18.2. The Portal may contain certain historical information.
Historical information, necessarily, is not current and is provided for
the Users’ reference only. Wisely Fantasy Sports Private Limited reserves the
right to modify the contents of the Portal at any time but has no
obligation to update any information on the Portal. The Users agree that
it is their responsibility to monitor changes to the Portal.
18.3. Occasionally there may be information on the Portal that contains
typographical errors, inaccuracies or omissions that may relate to
information pertaining to the Services, pricing, promotions, offers, etc. Wisely
Fantasy Sports Private Limited reserves the right to correct any errors,
inaccuracies or omissions, and to change or update information if any
information on the Portal is inaccurate at any time without prior notice.
18.4. Wisely Fantasy Sports Private Limited undertake no obligation to
update, amend or clarify information in the Portal, including without
limitation, financial information, except as required by law. No
specified update or refresh date applied to the Portal should be taken to
indicate that all information on the Portal or pertaining to the Services
have been modified or updated.
All information collected from the Users, is subject to Wisely Fantasy Sports
at [https://Wisely Fantasy Sports Private Limited.in/terms].
20) Release and
Limitations of Liability
20.1. Users shall access the Services provided
on the Portal voluntarily and at their own risk. Wisely Fantasy Sports
Private Limited shall, under no circumstances be held responsible or liable on
account of any loss or damage sustained by Users or any other person or
entity during the course of access to the Services (including
participation in the Games) or as a result of acceptance of any Prize.
20.2. By entering the Portal and accessing/utilizing the Services
provided therein, Users hereby release from and agree to indemnify Wisely
Fantasy Sports Private Limited, 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/use of the
Services including (but not limited to) personal injury and
damages whether direct, indirect, consequential, foreseeable, due to some
negligent act or omission on their part, or otherwise.
20.3. Wisely Fantasy Sports Private Limited 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.
20.4. Users shall be solely responsible for any consequences which
may arise due to their access of the Services by conducting an illegal act or
due to non-conformity with these Terms and Conditions and other rules and
regulations in relation to Services, including provision of incorrect
address or other personal details. Users also undertake to indemnify Wisely
Fantasy Sports Private Limited and its 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 Wisely Fantasy Sports Private
Limited on account of such act on the part of the Users.
20.5. Users shall indemnify, defend, and hold Wisely Fantasy Sports
Private Limited harmless from any third party/entity/organization claims
arising from or related to such Users engagement with the Wisely Fantasy
Sports Private Limited or participation in any Game. In no event shall Wisely
Fantasy Sports Private Limited be liable to you for acts or omissions
arising out of or related to Users’ engagement with the Portal or participation
in any Game.
20.6. In consideration of Wisely Fantasy Sports Private Limited allowing
Users to access the Services hosted on the Portal, 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 Wisely Fantasy Sports Private Limited, its 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 Services or related to the Games or the Prizes.
20.7. If it comes to the notice of Wisely Fantasy Sports Private
Limited that any governmental, statutory or regulatory compliances or
approvals are required for conducting any Games or if it comes to the
notice of Wisely Fantasy Sports Private Limited that conduct of any such
Games is prohibited, then Wisely Fantasy Sports Private Limited shall withdraw
and/or cancel such Games without prior notice to any Participants or Winners of
any Games. Users agree not to make any claim in respect of such cancellation or
withdrawal of the Game.
21.1. To the extent permitted under law, neither
Wisely Fantasy Sports Private Limited 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
21.2. To the extent permitted under law, Wisely Fantasy Sports
Private Limited shall not be responsible for any harm resulting from
downloading or accessing any information or material, the quality of Servers,
Services, Games, cancellation of any Games and Prizes. Wisely Fantasy
Sports Private Limited disclaims any responsibility for, and if a User
pays for access to the Services the User will not be entitled to a refund as a
result of, any inaccessibility that is caused by Wisely Fantasy Sports
Private Limited’s maintenance on the Servers or the technology that
underlies the Portal, failures of Wisely Fantasy Sports Private Limited’s
service providers (including telecommunications, hosting, and power
providers), computer viruses, natural disasters or other destruction or
damage of Wisely Fantasy Sports Private Limited’s facilities, acts of nature,
war, civil disturbance, or any other cause beyond Wisely Fantasy Sports
Private Limited’s reasonable control. Additionally, Wisely Fantasy Sports
Private Limited does not provide any warranty as to the content on the
Portal, with such content distributed on an “as is, as available” basis.
21.3. Any material accessed, downloaded or otherwise obtained
through Wisely Fantasy Sports Private Limited 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.
21.4. Wisely Fantasy Sports Private Limited shall make best endeavors to
ensure that the Portal is error-free and secure, however, neither Wisely
Fantasy Sports Private Limited nor any of its partners, licensors or associates
makes any warranty that:
- the Services will meet Users’ requirements;
- the Services will be uninterrupted, timely, secure, or
- the results that may be obtained from the use of Portal
or Services will be accurate or reliable; and
- the quality of any Services or information obtain
through the Portal will meet the Users’ expectations.
21.5. In case Wisely Fantasy Sports Private
Limited discovers any error, including any error in the determination of Winners
or in the transfer of Prize amounts to a User’s account, Wisely Fantasy
Sports Private Limited 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, Wisely Fantasy Sports
Private Limited agrees to notify the User of the error and of the exercise of
the remedy(ies) to rectify the same.
21.6. To the extent permitted under law, neither
Wisely Fantasy Sports Private Limited 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 the
Portal or the Services, even if Wisely Fantasy Sports Private Limited has been
advised of the possibility of such damages.
21.7. Any Services being hosted or provided or intended to be hosted or
provided by Wisely Fantasy Sports Private Limited 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
Services are hosted or provided.
21.8. To the extent permitted under law, in the event of suspension
or closure of any Services, Users (including Participants) shall not be
entitled to make any demands, claims, on any nature whatsoever.
22) Governing Law and
22.1. The parties agree that these Terms and
Conditions shall be construed in accordance with the laws of India.
22.2. Notwithstanding the provisions of Clause 21.4, the courts of
Bangalore, India shall have exclusive jurisdiction over any Disputes
(defined below) arising between the parties hereunder.
22.3. The parties shall attempt to amicably settle any dispute
arising out of these Terms and Conditions and the obligations thereunder
(each a “Dispute”). Either party may give written notice of a Dispute to
the other party within three (3) days of the occurrence of the event which
gives rise to such Dispute or the day that such event came to the notice of
the applicable party.
22.4. If any Dispute arising between the parties is not amicably
settled within ten (10) days of commencement of amicable attempts to
settle the same as provided above, the Dispute shall be referred to, and
be finally settled by, arbitration. The parties agree that the
arbitration proceedings will be conducted at Bangalore and shall be
governed by the provisions of the Arbitration and Conciliation Act, 1996,
or any statutory modification or re-enactment thereof for the time being in
force. The parties agree that the Dispute shall be adjudicated by a
single arbitrator appointed by Wisely Fantasy Sports Private Limited. The
decision of the arbitrator shall be final and binding on the parties.
22.5. Notwithstanding anything contained in this Clause, Wisely
Fantasy Sports Private Limited may seek and obtain interim or permanent
equitable or injunctive relief, or any other relief available to safeguard Wisely
Fantasy Sports Private Limited’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 Wisely
Fantasy Sports Private Limited to pursue any remedy for monetary
damages through the arbitration described herein.
23.1. In the event that any provision of these
Terms and Conditions is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms and Conditions, such determination
shall not affect the validity and enforceability of any other remaining
24.1. These Terms and Conditions are effective
unless and until terminated by either Wisely Fantasy Sports Private Limited or
the Users. The Users may terminate these Terms and Conditions at any time
by notifying Wisely Fantasy Sports Private Limited that they no longer
wish to use the Portal or the Services, or when they cease using the Portal.
24.2. If in Wisely Fantasy Sports Private Limited’s 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, Wisely Fantasy Sports 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).
25) Entire Agreement
25.1. These Terms and Conditions, the Privacy
Policy, the Disclaimer, the Fantasy Rules, the Wisely Fantasy Sports
Private Limited Free Terms, the Wisely Fantasy Sports Private Limited Pro
Terms, the Standard Terms, the Promotion Terms 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 Wisely Fantasy
Sports Private Limited, on a continuing basis in relation to any of the
Services, that are posted by Wisely Fantasy Sports Private Limited on the
Portal constitute the entire
agreement and understanding between the Users and Wisely Fantasy Sports 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 Wisely Fantasy Sports Private Limited
(including, but not limited to, any prior versions of the Terms and
Sports Private Limited Free Terms, Wisely Fantasy Sports Private Limited Pro
Terms, Standard Terms and Promotion Terms).
25.2. Any ambiguities in the interpretation of these Terms and
Conditions shall not be construed against the drafting party.
26) Force Majeure
Wisely Fantasy Sports
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 Wisely Fantasy Sports Private Limited’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, Wisely Fantasy Sports Private Limited shall also be entitled to
cancel any related Game(s) and to process an appropriate refund for
The failure of Wisely
Fantasy Sports Private Limited to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or
28) Contact Information
Questions about the
Terms and Conditions should be sent to [ support@Wisely Fantasy Sports Private
29) The Legality of
Fantasy Sports in India
In providing the
Services, Wisely Fantasy Sports Private Limited takes great care to comply with
all Central and State legislations in India to ensure that the Users are
fully protected. All Games on the Portal are carefully designed to comply
with applicable statutes and regulations in India.
29.1. With respect to the specific question
on the legality of fantasy sports in India, reference may be made to Shri.
Varun Gumber v. Union Territory of Chandigarh and Ors. (2017CriLJ 3827)
before the High Court of Punjab and Haryana, where, the Hon’ble High Court
ruled that fantasy sports games are games of ‘mere skill’ as they
involve considerable skill, judgement and discretion and further, and
success therein depended on one’s superior knowledge of the relevant
sport, prudent judgment and attention.
29.2. By virtue of its classification as a game
of skill, fantasy sports do not violate the Public Gambling Act, 1867, and
is excluded from the ambit of certain Indian gambling legislations. However,
Users should note that owing to legislative restrictions in the Embargoed
States, residents of such States are prohibited from participating in Wisely
Fantasy Sports Private Limited.
- Users will not receive credit
for referring themselves by creating multiple accounts. Qualifying
Referrals cannot have an existing Wisely Fantasy Sports Private Limited
- Payment and withdrawal
information may be reviewed in order to ensure that the Referrer is not
funding the Referent in order to take advantage of the referral program.
- Referrals determined not to
follow these rules may have Referral rewards suspended at any time.
- Rewards earned from referred
players who have not followed program rules may be retroactively removed
from user accounts, and user’s violating program rules will be suspended
from Wisely Fantasy Sports Private Limiteds Refer and Earn Program.
- If any of your referrals is
introduced through Referral link by any other player playing on Wisely
Fantasy Sports Private Limited, then Wisely Fantasy Sports Private Limited
reserves the right not to pay referral rewards to you for that user.
- All referrals and accounts are
subject to review. Wisely Fantasy Sports Private Limited reserves the
right, in its sole discretion, to suspend or disqualify an account from
the referral program or nullify the referral rewards if it determines such
referrals to be inconsistent with Terms and Conditions set under the
- Do not recruit or use
recruiting materials that in any way promote inappropriate content (such
as that promoting violence, discrimination, or lewd or pornographic
material) or that use deceptive, unethical or illegal means of soliciting
- Do not engage in unauthorized
use of any third-party trademarks or other third party intellectual
property in referral activities.
29.4. Taxes – The users are responsible for paying any taxes or
commissions related to the Rewards earned through Referral Program. Wisely Fantasy
Sports Private Limited reserves the right to withhold as appropriate.
Unless specified, Wisely Fantasy Sports Private Limited claims no association
and/or affiliation in any manner, with any of the sports governing leagues or
authorities, including, but not limited to, the Board of Control for Cricket in
India (BCCI), Indian Premier League (IPL), Indian Super League (ISL),
International Federation of Football Association (FIFA), National
Basketball Association (NBA) or any other recognized sporting body or