Terms of Use.

Last Updated: 25 November, 2021

PLAYEX (“We”/”Our”/”Us”) has provided this Terms and Conditions (“Terms”) to help you understand the terms and conditions which governs the access and/or use of Our website https://www.playex.io and mobile application PLAYEX (“Platform”) and other application PLAYEX (“Platform”) and/or Platform Service (morefully enumerated hereunder) by its customers (“You”/“Your”/“User”). We advise You to read and understand the Terms carefully prior to providing Your consent to the Terms.

Platform Services

PLAYEX is a Fantasy NFT marketplace Platform, which offers a fantasy NFT marketplace game where You can purchase and sell fantasy tokens attached to real-world athlete (“Platform Service”). As a part of the Platform Service, We may provide You with such particulars about the athletes as may, in our opinion, assist You in making informed decision about the athlete. Although an endeavour shall be made by Us to provide You with an updated information about the athlete, We cannot be held responsible for any default in providing You with an updated information about the athlete.

The initial fantasy token price of the athlete and the overall cost of providing the Platform Services (“Charges”) shall be solely determined by Us and all such Charges are generally notified to You at the time of availing Platform Services. The supply and demand of a certain fantasy token of an athlete will influence the price of that specific token after the initial value is decided.

PLAYEX provides the platform with two separate formats, one being the fantasy NFT marketplace of the athletes and the second where Users can create a team with the purchased athlete tokens.

You may not use the Platform Services if You are from Andhra Pradesh, Assam, Sikkim, Odisha, Telangana and Nagaland.

Consent To Terms

Your access to the Platform and/or utilisation of the Platform Service offered by Us and acceptance of these Terms indicate Your unequivocal consent to be bound by the conditions enumerated in this Terms, along with any amendment made by Us to the Terms, at Our sole and absolute discretion.

In the light of above specified conditions, We reserve unequivocal right to change, alter, modify, amend or revise these Terms. It is Your sole and exclusive responsibility to check for updates regarding any such change, alteration, modification, amendment or revision to the Terms. Your continued access and/or use of Our Platform and any Platform Services offered through the Platform shall imply Your unequivocal consent and acceptance to such changed, modified, amended or revised Terms.

By accepting these Terms and Conditions, You acknowledge that there is a risk of losing money while using the PLAYEX platform, and You assume full responsibility for any such loss. You accept that You are using Our Services at Your own discretion, fully aware of the risks associated with playing on the PLAYEX platform. In the event of Your loss, You shall have no claims of whatsoever nature against PLAYEX or any of its directors, officers or employees.

Eligibility

In order to access and/or use the Platform/Platform Services, it is essential that

  • You are not a minor as per the law applicable to You; and/or
  • You are not subjected to any legal disability, by virtue of which, You are incapacitated to enter into this contractual relationship with Us.

In the event that You are a minor or are subjected to any legal disability, You agree and accept to access and/or use the Platform/Platform Service only with the consent of a person who holds parental responsibility over You

In this regard, We may require You to provide certain information or perform certain act which may help Us in verifying Your age or presence of any legal disability affecting Your ability to enter into this contractual relationship with Us. You agree to extend Your complete assistance and cooperation in this regard and share true and full change.

In defiance of above requirement, if You notice a minor or a person with any legal disability accessing and/or using the Platform/Platform Service, You undertake to immediately notify Us. We may, in such event, take such steps that We think appropriate and necessary to protect Our interest and the interest of such person, including denying access to the Platform/ Platform Service.

Additionally, We reserve the right to refuse Your access to the Platform/Platform Service, at any time, without furnishing You any justification for such refusal.

User Account

In order to avail the Platform Service, You will have to create an account with Us on the Platform. For the purpose of creating an account, You may be required to furnish certain particulars about You.

While creating an account with Us, You agree and accept to provide Us with true, accurate and updated information. If there is any change in the information furnished to Us, You will be responsible to promptly and immediately notify Us of any such change.

If any information furnished by You is untrue, inaccurate, incomplete or not updated then, We reserve the right to suspend or terminate Your account with Us. Additionally, We may, at Our discretion, exercise all or any right available to Us against You, at law or in equity.

You shall be solely responsible for the activities that take place through Your account. In this regard, You are expressly prohibited

  • from carrying on any illegal activities
  • activities that harm Our interest; or
  • activities that are not otherwise warranted to be undertaken by You as per the Terms.

You are required to maintain confidentiality of particulars relating to access to Your account. We cannot be held responsible in any manner for any default on Your part to maintain confidentiality of Your account access particulars. If You notice any unauthorised access of Your account particulars, You are obligated to immediately notify Us. Although We may assist You in safely retrieving Your account, however, We cannot be held responsible for unauthorised access or continued unauthorised access of Your account.

You are prohibited from using other person’s account for accessing the Platform Service. You are also prohibited from permitting other person to utilise Your account for accessing the Platform Service. In this regard, You are prohibited from transferring Your account to other person or impersonating as any other person for the purpose of creating an account with Us on the Platform.

You may only register and operate a single account. If You hold more than one account We reserve the right to suspend additional accounts until all the account details and balances (belonging to You) are consolidated. Once completed, all other accounts will be terminated leaving a single account.

PLAYEX will consider an account to be inactive after a period of 12 months after the last account login.

An administration fee of INR 50 will be deducted from an inactive account on a monthly basis until such a time as the account is no longer in credit, or has become active once again. The first fee will be charged at the end of the 12th month after the last account login was recorded. You will be contacted prior to this happening.

In addition to Our other rights of closure above, We may close Your account at any time and for any reason by giving You no less than fourteen (14) day’s written notice (by email to the address on Your account). You should withdraw the balance of Your account as soon as possible after we give you notice. Your account may be limited or suspended during the notice period.

In the event of a discrepancy between the result showing on Your software and the PLAYEX server software, the result showing on the PLAYEX server software shall be the official and governing result.

Payment For Platform Service

All the payment for the Platform Service shall be made on the Platform. For the purpose of facilitating You to make payment, We may use the services of certain third party vendors and service providers. Therefore, We cannot be held responsible or liable in any manner for the actions or inactions of such third party vendors and service providers including but not limited to handling certain information shared by You to such third party vendors.

Upon succession completion of the payment transaction, such third party vendors and service providers may provide You with a payment receipt and a transaction summary and the same may be made available to You on the Platform and/or to Your registered email address.

We cannot be held responsible or liable for any unauthorised transaction concluded on Our Platform using Your payment credentials.

All the funds transferred by the Customer are held separately by PLAYEX in a Customers' Funds account, which is free of claims of third parties and is separate from the company’s funds.

PLAYEX reserves the right to run credit checks on all cardholders with third party credit agencies on the basis of the information provided on registration.

Withdraw of Funds

You may withdraw your cash balance at any time, subject to the minimum withdrawals in section Payment For Platform Service. However, You will need to meet wagering requirements before withdrawing any bonus or winnings associated with it. See section Withdraw of Funds (Second Part) for more information on wagering requirements.

Our aim is to process and pay your withdrawal as quickly as possible. In doing so, we will take into account any pre withdrawal restrictions that may apply and will also adhere to the requirements of the Financial Action Task Force on Money Laundering.

Where relevant, and as far as possible, your withdrawal will be paid back via the means with which you have deposited. In the event that we cannot process your withdrawal in this manner, you will be paid via the payment method of your choice. Withdrawals may reflect as a single payment or in increments, depending on the payment option and withdrawal rules/requirements.

Your withdrawal will only be sent to our processing department after the pending withdrawal period has elapsed. The pending withdrawal period, of up to 72 hours, may vary at weekends.

Minimum Deposit / withdrawal

PLAYEX incurs fees when payments are processed. To cover our fees, we apply a minimum service charge on the deposit and withdrawal of amount as mentioned bellow:

Amount Deposited/Withdrawn Amount Deducted
Below INR 1,000 INR 10
Between 1,001 to 10,000 INR 20
Above INR 10,001 INR 30

Inter-Account Transfers

The transfer of funds between individual accounts is strictly prohibited.

Publicity

If We want to use Your details for any promotional activity outside of PLAYEX or Our Services, You agree to using Your details without any additional compensation, except where prohibited by law.

Financial Institution

PLAYEX is not a financial institution and thus any deposits made into Your account are not due any interest payments on the deposit(s) whatsoever.

Bonus

PLAYEX may introduce a joining bonus for new Users. The joining bonus will be credited to Your account once You deposited the minimum amount to use the Platform Services.

Unless specifically stated otherwise in the applicable terms of a promotion, if you are granted a bonus without having to deposit, PLAYEX may limit the amount that you can withdraw in relation to that bonus (being both the bonus and the winnings associated with it) to INR 50. This limit applies to all Free Tickets, Free Bonuses, Free Bets and Free Casino Spins granted without requiring a deposit.

PLAYEX reserves the right to withdraw any Promotional Offer at any time, subject to the Promotional Offer having a specific eligibility period.

In addition to the specific requirements of any Promotional Offer, all offers are limited to one person, family household address, e-mail address, telephone number, same payment account number (e.g. debit or credit card, etc.) and shared computer, e.g. public library or workplace. Using a VPN or masking IP address.

License To Access

We hereby grant upon You a limited, non – exclusive, non–transferable, non – assignable and revocable license (“Limited License”) to access and utilise the Platform/Platform Service.

However, the grant of Limited License is subject to

  • Your compliance with all the conditions imposed in the Terms and
  • Your compliance with all the provisions under the applicable law.

You are permitted to utilise the Limited License only for the purpose of accessing and/or utilising the Platform/Platform Service solely for personal and internal purpose alone and not for the purpose of re-sale.

Conditions For Access

While accessing or utilising Our Platform/Platform Service

  • You undertake to refrain from defaming, abusing, threatening or otherwise violating in any manner any third person’s right.
  • You undertake to refrain from publishing, posting, uploading, disseminating, reproducing or distributing any content on the Platform, without obtaining Our prior written authorisation.
  • You undertake to refrain from uploading or distributing files that contain virus, corrupted files, malwares or other similar software or program that may damage the Platform or other User’s system.
  • You undertake to refrain from engaging in any activity that disrupts access to the Platform/Platform Services.
  • You undertake to refrain from doing any act that amounts to soliciting Our customers to prevent them from using the Platform Service and/or in alternate avail any competitive service.
  • You undertake to refrain from utilising the Platform for promoting or undertaking any illegal activity.
  • You undertake to refrain from reverse engineering, duplicating, replicating, tampering, modifying, copying, distributing, transmitting, displaying, or otherwise dealing in any manner with the Platform, Platform Service or product sold through Platform that shall adversely affect Our right and interest.

Advertisement And Third Party Content

When You access the Platform, You may be exposed to certain advertisements and/or third party content. Such advertisements and/or third party content solely belong to such third parties and We are not to be held liable in any manner for such advertisement and/or third party content.

Such third party content and/or advertisements are maintained by third parties and access to the same is regulated by terms and condition and/or privacy policy designed by such third party. The presence of such advertisement and/or third party content on the Platform does not in any manner imply Our endorsement to access, utilise or otherwise rely on the same.

Your access, utilisation or reliance on such advertisements and/or third party content is solely at Your risk and responsibility. We cannot be held responsible or liable for any transaction undertaken by You with any such third party.

Intellectual Property Rights

All the text, videos, graphics, user interface, product, visual interface, sounds and music, artwork and computer code on the Platform is solely and exclusively owned by Us and is protected as Our intellectual property right.

Your access, utilisation or any transaction on Our Platform does not grant upon You any right over any content on the Platform.

The trademark, service mark and logos displayed on the Platform solely and exclusively belongs to Us. Your access, utilisation, Limited License or any transaction undertaken on the Platform does not entitle You any right to utilise the trademark, service mark and logos, without first obtaining Our prior explicit written consent.

You undertake to refrain from removing any trademark, service mark, logo or other such identity mark displayed on the Platform.

If You are of the opinion that the Platform, Platform Service and any content thereon violate Your or any third party’s intellectual property right, You shall duly intimate Us in writing at info@playex.io. Upon receipt of any such intimation, We assure You that We shall undertake all reasonable measures to remove the infringing content from Our Platform upon conducting an enquiry. However, any frivolous claims by You may result in termination of Your access to Platform and/or utilisation of Platform Service.

If You notice any infringement of Our intellectual property right, You undertake to duly intimate Us.

Warranties

You agree and understand that to the extent permitted by applicable law, the Platform, Platform Service and all the content thereon are provided by Us on “as is” basis. We do not extend any warranty, express or implied, as to its title, merchantability or fitness for a particular purpose.

You agree and understand that to the extent permitted by applicable law, We do not extend any warranty as to uninterrupted, timely, secure or error-free access or utilisation of Our Platform and/or Platform Services. Further, We disclaim any liability for non – availability of the Platform during periodic maintenance or any unplanned suspension of access to the Platform due to any factor that is beyond Our control.

We will not be held liable, in any manner, for any loss that You may incur as a result of unauthorised access of Your account.

We also disclaim all liability with respect to misuse, loss, untrue, modification or unavailability of any content.

Although We have endeavoured to ensure the quality, accuracy and/or completeness of data or information provided by Us on the Platform, We cannot be held liable in any manner for any breach of this representation.

Indemnification

You agree to indemnify and keep us indemnified for any loss, liability, claim, damages or actions in connection breach or non – performance of any obligation, representation, warranties and/or covenant made by You under this Terms.

In no event shall We be held liable to You or any third party for any special, incidental, indirect, punitive or consequential damage whatsoever

Termination

Your continued access of Our Platform and/or Platform Service shall be subject to conditions imposed by these Terms. If you have any reservation with respect to any condition imposed herein or discontented with Platform and/or Platform Service, then You may terminate the agreement by

  • refraining from accessing or utilising Our Platform; or
  • by closing down/deleting Your account with Us on the Platform

We reserve the right to unilaterally terminate any relationship with You, without furnishing any reason. In such circumstance, You shall not be entitled to access Your account with Us. We may, at Our sole discretion, perform any obligation to render Platform Service incurred by Us prior to such termination.

Viruses

Although We shall take all reasonable measures to ensure that the Software and files are free from computer viruses We cannot and do not guarantee that the Software and files are free of such problems. It is Your responsibility to protect Your systems and have in place the ability to reinstall any data or programs lost due to a virus.

Malfunctions

We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by You to use the Platform Services by methods, means or ways not intended by Us.

In the event of a malfunction in the Service or any of the related systems, or due to any other error, all trades placed during such period are void and will be refunded. If You are, as a result of such malfunction or error, credited with funds resulting in any overpayment or over-crediting to Your account, it is Your responsibility to promptly inform PLAYEX. PLAYEX reserves the right, upon becoming aware of any erroneous crediting, or payment of funds, to adjust Your account to recover any such funds.

In the event of a system malfunction, all unconfirmed bets are void. We are not liable to You for any loss that You may incur as a result of such suspension or delay.

Service Issue And Suspension

Although We shall take all reasonable measures to ensure that the Services are not faulty, We cannot guarantee that the Service will never be faulty, but We will investigate and, where possible, correct reported faults as soon as We reasonably can. If a fault occurs, You should report the fault by e-mail or in writing to Our Customer Service centre.

We may temporarily suspend the whole or any part of the Service for any reason at Our sole discretion. We may, but shall not be obliged to, give You as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.

General Provision

Entire Terms: This Terms constitutes and governs the entire relationship between You and Us and supersedes any prior arrangement, agreement or understanding between You and Us.

Force Majure: PLAYEX shall not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the gaming contract that is caused by events outside Our reasonable control.

Waiver: Any delay in exercising any right or enforcement of any provision by Us, shall not be construed as waiver of right or enforcement of any provision.

Severability: If any clause or part of a clause is declared as illegal or unenforceable, then it does not affect the enforceability of the remaining clause or part of the clause.

Governing Law and Dispute Resolution: This Terms shall be governed by and construed in accordance with laws prevailing in Republic of Malta. All dispute arising out of or under this Terms shall also be resolved in accordance with laws prevailing in Republic of Malta and the courts of Mumbai shall have jurisdiction over such disputes.

Contact

If you have any confusion, query, concern, need of clarification, complaint, grievance redressal, report of any undesirable activity especially breach of this Terms and/or other policies of us, please do not hesitate to reach us at info@playex.io.


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