Terms & conditions

Terms & conditions


1. Introduction

These terms of conditions governs the rights between Hulm Entertainment Private Limited, its subsidiaries, affiliates, licensors, associates and partners, hereinafter referred to as “The Company”, “we”, “us”, “our” and such other adjectives and you (the user) hereinafter referred to as ‘you’, ‘user’, ‘your’, ‘player’, ‘participants’ in relation to the use of products and/or services, hereinafter referred to as “Services” through its website www.exchange22.com and the Exchange22 App on both android and iOS devices,hereinafter collectively referred to as the “Portal”are all subject to and governed by these Terms and Conditions, Privacy Policy, including any subsections in the Portal, hereinafter referred to as “Terms”.

The terms and conditions must be read by you (user) completely and well understood before agreeing to the said terms of usage, service governing any and all relationship with the products and services offered by the Portal. You understand that the Terms will be binding on you and agree that Services offered on the Portal can be accessed only in accordance with the Terms and it shall be your duty to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified byHulm Entertainment Private Limited.

2. Legality

Games of skill are legal as they are excluded from the ambit of Indian gambling legislations including the Public Gaming Act of 1867. The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanaryana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly on the superior knowledge, attention, experience and adroitness of the player shall be classified as a game of skill.

The Content (across Exchange22) are games of skill as successof User(s) depends primarily on their superior knowledge of the game, knowledge of the players’ relative form, players’ performance across formats and conditions in fantasy games.

By participating, each user acknowledges and agrees that he/she is participating in a game of skill.

3. Intellectual property

Hulm Entertainment Private Limited hold all rights tangible or intangible for the Portal including (but not limited to) games, contests, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, flash animation and all the services offered on the website including but not limited to all games and other content, promotional material, inter alia all strategic and development plans, ideas, designs, financial conditions, business plans, data banks, information related to technology and process, the technology developed including the software and methodology of usage, hereinafter collectively referred to as “Intellectual Property”.

You (the user) are granted a personal, non-exclusive, non-assignable and non-transferrable license to use the Content solely for the purposes of accessing and using the Services and for no other purposes whatsoever. The user shall not sublicense, assign or transfer the license granted, or shall rent / lease or any part of such license or of the Content included in such license. No transfer, copy, reproduction, distribution, exploitation, disassembling, translating, decoding, altering or make derivations from or make any other use of the Content on the Portal in any manner other than as permitted for obtaining Services on the Portal.

No right, title or interest in any downloaded materials or software is transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purposes unless agreed with us in writing.All other trademarks are the property of their respective owners.

4. Usage of Exchange22

Any person accessing the services or otherwise offered by Exchange22 on the Portal for the purpose of participating in trading of player(s) in any matches made available on the Exchange22 portal, hereinafter referred to as “Contest(s)” shall be bound by these Terms and Conditions, and all other rules, regulations, and terms of use referred to herein or provided by Exchange22 in relation to Exchange22 services.

Exchange22 shall have all the rights to modify or change the already defined Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Exchange22 in relation to Exchange22 services at any point in time, by posting the same on Exchange22. Use of Exchange22 constitutes the User’s acceptance and agreement of such Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Exchange22 in relation to Exchange22 services, as amended from time to time. Exchange22 may, at its sole discretion, notify the User of any modification or amendment in these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Exchange22 in relation to Exchange22 services by sending an email to the User's registered email address or posting notifications in the User accounts. In a circumstance wherein the User disagrees or does not accepts the amendments in the Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Exchange22 in relation to Exchange22 services, can use the options provided in such an email or notification to indicate their non-acceptance within a defined time frame. If a user fails to indicate his/ her non-acceptance of the amendments within the defined time period the User shall be deemed to have accepted the changes or modification in these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Exchange22 in relation to Exchange22 services.

Certain Exchange22 services offered by Exchange22 might be subjected to additional rules and regulations formulated in that respect. To that extent that these Terms and Conditions are inconsistent with the additional conditions formulated, the additional conditions shall prevail.

Exchange22 may, at its sole and absolute discretion:

  • Restrict, suspend, or terminate any User’s access to all or any part of Exchange22;
  • Change, suspend, or discontinue all or any part of the Exchange22 Portal Services;
  • Deactivate or delete a User’s account and all related information and files on the account;
  • Reject, move, or remove any material that may be submitted by a User;
  • Move or remove any content that is available on Exchange22;
  • Establish general practices and limits concerning use of Exchange22 Portal;
  • Revise or make additions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event; and
  • Assign its rights and liabilities to all User accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email ids).

Exchange22 holds all the rights to restrict, suspend or terminate a user’s access to all or any part of Exchange22 provided by Exchange22, deactivate or delete user account and information, delete user content without any prior notice to the user if any user is found or believed to be breaching the Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Exchange22 in relation to Exchange22 services illegally or inappropriately. Further, Exchange22 is authorized to take any technical or legal action against the user if deems necessary.

In the event of suspension or deletion of a user's account due to negligence on the part of Exchange22, then, the company shall repay the fee charged for any of the Services provided by Exchange22, without any delay. However, no refund would be made in case of suspension or removal due to any breach of the Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Exchange22 in relation to Exchange22 services or inappropriate use of Exchange22; or any circumstances beyond the reasonable control of Exchange22.

The users consent to receive communications including announcements, administrative messages, and advertisements from Exchange22 or any of its partners, licensors or associates.

5. Third Party Sites, Services and Products

Exchange22 Portal may contain information about or hyperlinks to third parties. In such cases, Exchange22 shall not be held responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites or apps or for any content posted on any third-party Internet site. Further, the involvement of Exchange22 with any of the third-party content or links to third-party Internet sites is not related to any sort of endorsement by Exchange22 of such third-party Internet site.If you rely on any third party Content posted on any website or app which does not belong to Exchange22, you may do so solely at your own risk and liability.

Exchange22 is neither associated with nor responsible for the correspondence, transactions, and all other related activities between the user and third parties including payment gateway providers and verification service providers on Exchange22. The users' involvement with third parties is entirely dependent on the terms and conditions, policies and services terms of these third parties and the users are solely responsible for reviewing the policies, terms and conditions, and the service terms of these third parties before transacting or availing any of the services. Accepting the Terms and Conditions of Exchange22 the users agree that Exchange22 is not responsible for any sort of damage or loss faced by the users due to any sort of transactions, correspondence and all related activities with any of the third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

6. Privacy Policy

All information collected from users, such as registration and payment information, is subject to Exchange22’s Privacy Policy which is available at Privacy Policy.

7. User Representations

Any information provided by you (the User) to us, whether at the stage of registration or during anytime subsequently, should be authentic.

Prior to adding cash to your user account or participating in Contest(s), the responsibility to satisfy the legality of such Contest(s) in the jurisdiction from where you are accessing the Contest(s) shall be on you. If you are not legally competent to individually enter into Indian Rupee transactions through banking channels in India and/or are not accessing any Portal from a permitted jurisdiction, you are prohibited from participating in Contest(s) on the Portal. In the event of such violation, your participation in Contest(s) will be deemed to be in breach of the Terms and you will not be entitled to receive any prize that you might win in such Contest(s).

You represent that you are 18 years of age or older to participate in any Contest(s) and are also otherwise competent to enter into transactions with other users and us. You are aware that participation in the Contest(s) organized by us, hereinafter referred to as "Activity" may result in financial loss to you. With full knowledge of the facts and circumstances surrounding this Activity, you are voluntarily participating in the Activity and assume all responsibility and risk resulting from your participation, including all risk of financial loss. You agree to indemnify and hold us, our employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity.

You represent that you have the experience and the requisite skills and knowledge required to participate in the Activity and that you are not aware of any physical or mental condition that would impair your capability to fully participate in the Activity. You further acknowledge that you are solely responsible for any consequence resulting from you participating in this Activity or being associated with this Activity or around this Activity. You understand that we assume no liability or responsibility for any financial loss that you may sustain as a result of your participation in the Activity.

You understand and accept that your participation in a Contest available on the Portal does not create any obligation on us to give you any winnings. Your winnings are entirely dependent on your skill as a player vis-a-vis other players in the Contest and subject to the rules of the Contest.

You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Portal by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Website, you agree to grant us a royalty-free, world-wide, non- exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that we have the right to use in any manner whatsoever, all communication or feedback provided by you.

You understand and accept that we reserve the right to record any and all user content produced by way of but not limited to chat messages on the Portal through our feature, through the in-game chat facility or other interactive features, if any, offered as part of the Services.

You understand that the funds in your user account held by us do not carry any interest or return.

You shall not hold us responsible for not being able to play any Contest(s) for which you may be eligible to participate. This includes but is not limited to situations where you are unable to log into your user account as your user account may be pending validation or you may be suspected or established violation of any of the Terms.

You understand and accept that by viewing or using the Portal or availing of any Services, or using communication features on the Portal, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you.

8. User Registration

In order to register for the Contest(s), User(s) are required to provide the following information accurately:

  • Full Name
  • E-mail Address
  • Password
  • Complete Address
  • Gender
  • Date of Birth

The “Full Name” and “Date of Birth” mentioned by the User for the purpose of verification should match with the Name and Date of Birth mentioned on all the documents required to be uploaded for verification purposes.

The User participating in activities, services or features provided by Exchange22 are required to provide their approval stating they have carefully read all the terms and conditions and will comply with all therules, regulations, and terms of use referred to herein or provided by Exchange22 in relation to Exchange22 services.

The User(s) entering any contest(s) organized by Exchange22 as a resident of Sikkim, Assam, Odisha, Telangana, and Nagaland will not be permitted to sign up for any round in the paid version of the Contest as elaborated below. In case of audits from Exchange22, if a user is found to be a resident of Sikkim, Assam, Odisha, Telangana or Nagaland but not stated at the time of registration then Exchange22 at its sole and absolute discretion holds the rights to take action against such user including (but not limited to) blocking of user account, deletion or deactivation of user account, and resetting the user account to initial level by deleting all the logs, refers & reducing the amount present in the user wallet to “zero”.In an event, the state laws of these states change and the residents of these states are allowed to participate in the paid versions of Game of Skills, the users (which were blocked earlier for being a resident of these states) shall be treated as new registrations and in no caseprevious winnings shall be considered and any claim of such sort will not be entertained in any case.

The User(s) who are only above the age of 18 years and have successfully completed their registration process by entering valid and adequate information in the registration form are sent a confirmation email comprising their login details.

Only those User(s) who have successfully registered on the Exchange22 App as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the Contest(s) and win.

In case of PAN card verification,it is mandatory to upload a full image of the original PAN card. Noscanned image of a photocopy of the users’ PAN card will be acceptable for verification purposes.

In case, you are uploading an E-PAN card for PAN card verification process then it is mandatory to upload a full scanned image of the E-PAN card (both front and back).

Exchange22 reserves the right to disallow you from logging into the Portal or reduce your play limits until we are able to satisfactorily validate your user account. Exchange22 will in such events email you to notify you of the next steps regarding user account validation. We may also ask you for proof of identification and proof of address from time to time.

Upon receipt of suitable documents, we will try our best to enable your user account at the earliest. However, it may take a few business days to reinstate your user account.

In the event the address provided by you is incorrect, Exchange22 will not make any additional attempts for delivery of the cheque unless a correct address is provided by you and charges for redelivery as prescribed by us are paid by you.

The Privacy Policy of our Portal forms a part of the Terms. All personal information which is of such nature that requires protection from unauthorized dissemination shall be dealt with in the manner provided in the Privacy Policy of the Portal.

9. User Account Operation

By accepting the Terms and Conditions of Exchange22, the User using Services provided by Exchange22 agree to provide true, accurate, current and complete information while registration and at other times when demanded by Exchange22. The User further provides consent to keeping his/her registration information updated at all times.

A single user is permitted to register or operate only one user account with Exchange22 Portal (inclusive of both web & app).

The User using the services provided by Exchange22 provides his/her consents for receiving all the communications from Exchange22 by marking e-mails from Exchange22.com as part of their "safe senders" list. In an event, if any of the emails sent by Exchange22 remains unread by the User because of being sent to the Spam or Junk folders, Exchange22 shall not be held responsible.

Any passwords issued by Exchange22 to any of the individual using the services provided by Exchange22 are confidential and should not be shared by the users with anyone else. The User holds the sole responsibility of maintaining the confidentiality of their accounts and passwords. TheUser offers his/her consent by agreeing to the Terms and Conditions of Exchange22 to inform Exchange22 about any unauthorized use of their passwords or accounts or any other breach of security.

The User is solely responsible for the security and confidentiality of his/her payment accounts linked to his/her Exchange22 account. In case of any misuse of the linked payment accounts of the user, Exchange22 shall not be held liable; further, such misuse of the linked payment accounts of the user should be reported to Exchange22 as soon as it comes to the notice of the user.

The User ensures to exit/log-out of their accounts after the completion of each session. In case of any sort of loss or damage faced by the user due to the failure of abiding these rules and regulations, Exchange22 shall not be held responsible.

10. User Restrictions

The User using Services provided by Exchange22 should neither conduct nor assist the usage of cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software specifically formulated for modifying or intervening with Exchange22.com and/or Exchange22 experience.

The User using Services offered by Exchange22 Portal provides their consent of not copying, modifying the technology and software associated with Exchange22. Further, the User accepts not to rent, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to anyone of the associated technologies and software.

The Terms and Conditions of Exchange22 bounds the User to neither modify nor become a cause of modification of any of the files, technology or software associated with Exchange22.

The User provides their acceptance to not disrupt, overburden, or promote any kind of disruption or overburdening tothe servers or computers offering or supporting Exchange22 Servicesor the enjoyment of Exchange22.com Services by other User.

The User shall neither support or conduct any sort of attack including (but not limited to) distribution of a virus or computer contaminants (as defined in the Information Technology Act, 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to us or that aids in providing the Services offered by Exchange22 or which shall restrict the use or enjoyment of other Exchange22 users.

Any form of fraudulent activity including, attempting to use or using any other person's credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to your user account is strictly prohibited.

Winnings, bonuses and prizes are unique to the player and are non-transferable. In the event you attempt to transfer any winnings, bonuses or prizes, these will be forfeited.

The User shall not use Services on the Portal for commercial purposes including but not limited to use in a cyber cafe as a computer gaming centre, network play over the Internet or through gaming networks or connection to an unauthorized server that copies the gaming experience on the Website.

The User provides their acceptance for not using the Exchange22 platform for any sort of inadequate activities including (but not limited to):

  • To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
  • To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
  • To advertise, offer or sell any goods or services for any commercial purpose on Exchange22.com without the express written consent of Exchange22; and
  • To transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

The User shall not post any material or comment, on any media available for public access, which in our sole discretion, is defamatory or detrimental to our business interests, notwithstanding the fact that such media is not owned or controlled by us. In addition to any other action that we may take pursuant to the provision hereof, we reserve the right to remove any and all material or comments posted by you and restrict your access to any media available for public access that is either controlled or moderate by us; when in our sole opinion, any such material or comments posted by you is defamatory or detrimental to our business interests.

11. User Account Suspension

We may suspend or otherwise put restrictions on your access to the Services on the Websites during investigation for any of the following reasons:

  • Suspected violation of Terms or other abuse of your user account;
  • Suspected breach of security of your user account; or
  • If there have been charge-backs on your user account.

Our decision to suspend or restrict Service or any part thereof as we deem appropriate shall be final and binding on you.

12. Technical glitches

In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service, as a policy,Hulm Entertainment Private Limited will cancel the Contest(s)and refund the amounts after proper verification and you accept thatHulm Entertainment Private Limitedis not responsible to you in all such cases.Hulm Entertainment Private Limitedis also not liable for any prospective winnings from any incomplete tournament.

It is clarified that, notwithstanding any limitation of liability as specified herein,Hulm Entertainment Private Limited specifically disclaims any liability in the case of Contest(s) where there is no money paid by you.

You agree that under no circumstances shall you compelHulm Entertainment Private Limited or hold Hulm Entertainment Private Limitedliable to pay you any amount over and above the service charges for any of the aforementioned errors/omissions ofHulm Entertainment Private Limited.

13. Withdrawal

The withdrawal request of a user is processed within 2-3 days (herein the working hours refers to bank’s working hours) excluding the date the request is made. In case, your withdrawal request is not processed within 2-3 days after the date the request is made; please check your registered email address provided by you at the time of registration for any communications from Exchange22.

In an event, any Exchange22 user is found to be violating the Fair Play Terms, or in general Terms & Conditions of the Portal then Exchange22 at its sole and absolute discretion holds all the rights to take strict measures against the users.

In an event a User is found to be having more than single Id registered on Exchange22 or multiple Ids registered under the same name then the withdrawal request of such users can either be put on hold, or their user accounts can be blocked refraining them from playing further on Exchange22.

Any user if ever found to be violating the Fair Play Terms of Exchange22 which can be visited on “Fair Play,” will be either blocked from playing further on Exchange22 or his/her withdrawal requests will be put on hold for violating the Fair Play terms.

The withdrawals of users found to be creating a fake refer chain by creating multiple ids under the same name to earn the Refer & Earn bonus will be blocked from using Exchange22 Services provided by the Portal alongside putting their withdrawal requests on hold.

In an event, any user is identified to be a resident of Sikkim, Assam, Odisha, Telangana or Nagaland amid the Exchange22 audits and had hidden this fact while registering at the platform will be blocked, and his/her withdrawal requests will be put on hold.

Exchange22 could put the withdrawal requests of users violating the Fair Play terms of Exchange22 or can block the user account at any stage amid its audits, no matter if the withdrawal requests of the user had been accepted previously.

In case the withdrawal request of a user is kept on hold, and Exchange22 at its sole & absolute discretion decides to process the withdrawal request of that user after he/she agrees to abide by the Fair Play Terms of Exchange22 then such withdrawals shall take 5-7 working days to process.

In case, we suspect any account to be violating our fair play or verification terms already stated in the Terms & Conditions of Exchange22; we hold all the rights to verify the user at any time. Exchange22 holds all the rights to video call any user at any point of time to validate & verify his/her identity. If the video call done as a part of the verification process is found to be negative, then the user account shall be blocked & his withdrawal shall be put on hold. Exchange22 is free by all means to verify & validate the identity of a user at any point of time as per its will/wish.

In case, a user is using a single device for creating multiple accounts on Exchange22, it should be ensured by the user that all the mandatory verification formalities including mobile, email, PAN card & Bank Account details verification has been done by the user for all the accounts created. Abiding by the said process will help such users, who create multiple accounts on a single device, in terms of smooth withdrawals on Exchange22.

14. Disclaimers

Exchange22 is neither affiliated by nor associated with any private or government Sports leagues and tournaments, until and unless expressly stated by the Company. In addition to this, Exchange22 is not related and does not claim any official status with any of the official or non-official sports team or sportsperson.

The Services on the Portal and the content present on it are provided strictly on "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law.

To the extent permitted under law, neither Exchange22 nor its parent/holdingcompany, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.

In alignment to the legal bodies, Exchange22 shall not be held responsible for any harm faced due to downloading or accessing any information or material, the quality of servers, games, productsor sites, cancellation of competition and prizes. Exchange22 does not hold any responsibility if a User pays for access to one of Exchange22's Services and the User shall not be provided any refund as a result of, any inaccessibility that is caused by Exchange22's maintenance on the servers or the technology that underlies our sites, failures of Exchange22's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

The Useris solely responsible for any sort of material accessed, downloaded or otherwise obtained through Exchange22.com and holds the sole responsibility for any potential damage to their computer system or loss of data that occurs as a result of downloading or accessing any such material.

Exchange22 shall make best endeavours to ensure that the Exchange22 Portal is error-free and secure; however, neither Exchange22 nor any of its partners, licensors or associates makes any warranty that:

  • the Exchange22.com Portal will meet Users’ requirements;
  • Exchange22.com(s) Portal will be uninterrupted, timely, secure, or error-free;
  • the results that may be obtained from the use of Exchange22.com Portal will be accurate or reliable; and
  • the quality of any products, Services, information, or other material that Users purchase or obtain through Exchange22.com Portal will meet Users’ expectations.

Exchange22 holds all the rights to rectify any errors identified in the determination of winnings or in the transfer of amounts to a User's account, using various method as it deems fit, including (but not limited to) through a set-off of the mistaken payment from amounts due to the User or deduction from the User's account of the amount of mistaken payment. In such events, Exchange22 agrees to notify the user about the error and the rectification measure adopted to address the error.

Complying to the legal bodies and authorities neither Exchange22 nor its partners, licensors or associates disclaims any sort of responsibility for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.

Exchange22 is authorized to cancel any Services, events or Contest(s) requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors in an event wherein such permission or authority is either not obtained or denied either before or after the organization of the relevantevents or Contest(s).

By accepting these Terms and Conditions, the users agree not to make any demands, or claims in the event of suspension or closure of any Services, events or Contests organized/provided by Exchange22.

15. Limitation of Liability

You clearly understand and agree that the company shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if the company has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable. You agree to indemnify us against any claims in respect of any such matter.

16. Dispute Resolution, Governing Law and Jurisdiction

Any sort of disputes associated with Services provided by Exchange22 including the Contest(s), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) or Exchange22 shall be subject to exclusive jurisdiction of the courts of competent jurisdiction at New Delhi. All disputes, issues, and questions shall be interpreted by the court of competent jurisdiction in accordance with the laws of Republic of India.

In a circumstance wherein a legal dispute arises (legal issue or question) between two parties, the party raising the dispute is bound to provide written notification,hereinafter referred to as "Notification" to the other party involved in the dispute. The parties involved in the dispute should initially focus on resolving the issue post receiving the Notification. However, if both the parties fail to resolve the dispute through mutual discussion within 15 days of receiving the Notification, the dispute shall be resolved by arbitration.

The place of arbitration shall be New Delhi, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

During the arbitration process, the parties involved in the dispute will be complied to follow the arbitration award. Additionally, the parties involved in the disputes will have to bear costs of arbitration on their own and will have to equally share the fees of the arbitrator unless stated otherwise by the arbitral tribunal. The arbitrator is allowed to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator is bound to provide a rational award.

There could be instances where the company is not able to receive prompt updates about the change in applicable laws of your place of stay. Please ensure that any activities you engage on the Portal are legal as per the applicable laws. You agree to indemnify and hold harmless the company or its website from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

17. General conditions

In a rare event wherein Exchange22 identifies the need of any governmental, statutory or regulatory compliances or approvals for organizing any Contest(s) or the company identifies any on-going Contest(s) breaching the legal guidelines or being prohibited by the legal authorities, then, Exchange22 hold all the rights to cancel or withdraw such Contest(s) without any prior notice to the participants or the winners. The User using the services provided by Exchange22 agrees not to make any claims related to such cancellation or withdrawal in any manner. The employees, directors, affiliates, relatives and family members of Exchange22, will not be eligible to participate in any Contest(s).

Exchange22’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Exchange22 or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.

These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Hulm Entertainment Private Limited and govern your use of Exchange22 Portal, superseding any prior agreements that any User may have with Hulm Entertainment Private Limited.

If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.

Exchange22 reserves the right to moderate, restrict or ban the use of the Exchange22, specifically to any User, or generally, in accordance with Exchange22's policy/policies from time to time, at its sole and absolute discretion and without any notice.

18. Standard Terms and Conditions of "Refer and Earn”

The Exchange22 “Refer and Earn” lets you invite friends to join Exchange22, hereinafter referred to as "Referral Program". In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you and your friend can earn a Cash Bonus from Exchange22, hereinafter referred to as "Bonus Amount", which Bonus Amount will be redeemable to join contest(s) through the Exchange22’s mobile Portal for the iOS and/or Android mobile devices, hereinafter referred to as "Exchange22 Portal". To participate in the Referral Program, please note our terms and conditions, hereinafter referred to as "Terms" in this respect, as they govern your participation in the Referral Program:

Eligibility:

All users who: (i) have an account registered and verified with Exchange22's fantasy gaming portal,hereinafter referred to as "Portal"; and (ii) are eligible to participate in the Exchange22 fantasy contest, and (iii) have downloaded and installed the Exchange22 Application on their respective mobile devices, will be eligible to participate in the Referral Program.

Participation in the Referral Program by proxy is not permitted.

Participation in the Referral Program is voluntary. A user shall not register or operate more than one user account with Exchange22 and shall not participate in the Referral Program with more than one user account with Exchange22.

By participating in the Referral Program, you agree to and accept these Terms.

Participation:

For the purpose of participation in the Referral Program, you are required to have the Exchange22 Portal downloaded and installed on your mobile device. Through the Exchange22 Portal, you will be provided with a unique link or code, which can be shared by you,hereinafter referred to as "Inviter" with friends,hereinafter referred to as (each an "Invitee") for the purpose of inviting such friends to create and register an account with Exchange22 and download the Exchange22 Portal. On receiving the link or code from the Inviter, the Invitee may either: (i) Click on the link, consequent to which such Invitee will be directed to a registration page and will be provided the option to register an account with Exchange22 and download and install the Exchange22 Portal on his/her device; or (ii) download and install the Exchange22 Portal on his/her device independently, register for a Exchange22 account through the Exchange22 Portal and enter the unique code shared by the Inviter where prompted in the Exchange22 Portal.

The Inviter and the Invitee will be eligible to earn the Bonus Amount subject to (amongst other terms specified in these Terms): (i) the Invitee not being an existing user of Exchange22; and (ii) the Inviter and Invitee being eligible to participate in the pay-to play Exchange22 fantasy contest; and (iii) the Invitee successfully registering for an account with Exchange22 through the unique link or by using the unique code shared by the Inviter; and (iv) the Inviter and Invitee agreeing to the license agreement for the Exchange22 Portal and downloading and installing the Exchange22 Portal as available for the Inviter’s and Invitee’s respective mobile devices. For the purposes of these Terms, an 'existing user of Exchange22' shall mean a user who presently operates an account with the Portal or operated an account with the Portal at any point of time.

An Invitee who is an existing user of Exchange22 is not permitted to register a new account with the Portal for the purpose of availing of the Bonus Amount. Exchange22 will determine in its sole discretion whether an Invitee is an existing user of Exchange22 or not and take appropriate action.

The verification process may require an Inviter/Invitee to submit personal information about the user (Inviter/Invitee) and documents identifying the Inviter/Invitee. The Inviter agrees to receive communication from Exchange22 and to allow Exchange22 to communicate with Invitees referred by you about the Inviter's participation in the Referral Program. Any information collected in respect of the Inviter/Invitee as part of the Referral Program or otherwise in the course of such person's use of the Website shall be subject to Exchange22's Privacy Policy.

In the event that the Inviter fails to complete any of the verification steps or omits to provide documents requested for such verification, the Inviter shall not be eligible to earn the applicable Inviter Bonus.

In the event that any amount paid by the Invitee is refunded to the Invitee with respect to any contest(s), for any reason, the Inviter shall not be eligible to receive any Inviter Bonus for such contest(s).

No part of the Bonus Amount may be withdrawn or transferred to any other cash balance account held by the Inviter/Invitee with Exchange22 or to any third party account or to any bank/payment instrument account.

Disclaimers:

The deposit of the Bonus Amount shall be at the sole discretion of Exchange22 and shall be subject to the Inviter’s/Invitee’s compliance with these Terms. Exchange22 may substitute or change the Bonus Amount offered under the Referral Program at any time without notice. An Inviter/Invitee may not substitute the amount of Bonus Amount or substitute offering for other items or exchange for cash.

Exchange22 reserves the right to:

  1. withhold the deposit of the Bonus Amount; and/or
  2. forfeit any deposited Bonus Amount to an Inviter/Invitee or any prizes/winnings earned by the participant by using such Bonus Amount; and/or
  3. deactivate the accounts of the Inviter/Invitee, in the event that it determines or reasonably believes that such Inviter/Invitee has violated these Terms or the terms and conditions of the Exchange22 fantasy games.

Mere participation in the Referral Program does not entitle the Inviter/Invitee to receive any Bonus Amount.

Exchange22 may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any illegal, unlawful or improper conduct (with regard to the Referral Program or otherwise).

The decision of Exchange22 will be final and binding with regard to the Referral Program, and the deposit of the Bonus Amount and no correspondence, objection, complaints, etc. will be entertained in this regard.

This Referral Program cannot be clubbed with any other contests/promotions/Referral Programs that are organised or conducted by Exchange22.

Exchange22 reserves the right to change/modify/or withdraw the Referral Program and/or change these terms and conditions without any prior notice of the same at its sole discretion.

The Terms and Conditions, as applicable to the Exchange22's fantasy games and services, will apply to and govern the Referral Program.

Exchange22 does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants (Inviter/Invitee) of the Referral Program.

19. Standard Terms and Conditions for “Multi-bagger trades”

The Exchange22 ‘Multi-bagger’ hereinafter referred to as “Multi-bagger trade(s)” organised through its website www.exchange22.com and the Exchange22 App on both android and iOS devices, hereinafter collectively referred to as the “Portal”.

These terms and conditions hereinafter referred to as "Terms", shall govern your participation in the Multi-bagger trade(s) and shall be read in consonance with the general Terms and Conditions published on the website and the Portal.

Eligibility:

All users who: (i) have an account registered and verified with Exchange22's fantasy gaming Portal, and (ii) are eligible to participate in the Exchange22 fantasy contest, and (iii) have downloaded and installed the Exchange22 Application on their respective mobile devices, will be eligible to participate in the Multi-bagger trades.

Participation in the Multi-bagger trade(s) by proxy is not permitted.

Participation in the Multi-bagger trade(s) is voluntary. A user shall not register or operate more than one user account with Exchange22 and shall not participate in the Multi-bagger trades with more than one user account with Exchange22.

By participating in the Multi-bagger trade(s), you agree to and accept these Terms.

Participation:

For the purpose of participation in the Multi-bagger trade(s), you are required to have the Exchange22 Portal downloaded and installed on your mobile device.

Through the Exchange22 Portal, you can select from the list of players to be selected as Multi-bagger trade(s). The corresponding cell denoting hold and return percentage fluctuates and is based on the trading that takes place on the Portal prior to the starting of the match.

In the event a player who has been selected as a Multi-bagger trade(s) has not been selected in the squad of that particular match, the amount so paid for the Multi-bagger trade(s) is refunded to the user(s) with respect to such player(s).

In the event that a user(s) trade based on the hold and return percentage denoted against any player for the purpose of Multi-bagger trade(s), Exchange22 shall not be held liable for any loss/gain so incurred.

No bonus amount shall be used for trading in any Multi-bagger trade(s).

The winner(s) of Multi-bagger trade(s) are the highest point-scoring player. In the event that there is no clear highest point-scoring player, Exchange22 shall have the authority to decide the winner(s) based on the points table or any other methods which it may deem fit which shall be binding on all participant(s).

Disclaimers:

Exchange22 reserves the right to:

  1. forfeit any prizes/winnings earned by the user; and/or
  2. withhold the withdrawal of any winning amount; and/or
  3. deactivate the accounts of the user, in the event that it determines or reasonably believes that such user(s) has violated these Terms or the terms and conditions of the Exchange22 fantasy games.

Mere participation in the Multi-bagger trade(s) does not entitle you to receive any winning amount.

Exchange22 shall have all the rights to modify, suspend or withdraw the Multi-bagger trade(s) and/or change these terms and conditions without any prior notice of the same at its sole discretion.

By accepting these Terms and Conditions, the user(s) agree not to make any demands, or claims in the event of suspension or withdrawal of the Multi-bagger trade(s) organized/provided by Exchange22.

In case of any disputes, the decision taken by Exchange22 shall be final and binding and no correspondence, objection, complaints, etc. will be entertained in this regard.

The Terms and Conditions, as applicable to the Exchange22's fantasy games and services, will apply to and govern theMulti-bagger trade(s).

Exchange22 does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants of theMulti-bagger trade(s).