WELCOME TO MALAAMAL.COM - WHAT WE OFFER

Welcome to malaamal.com, the premier platform from Sporta Technologies Private Limited! We provide you, our valued user, with an exciting opportunity to participate in online fantasy contests ("Contests") across a wide variety of officially recognized live sporting events ("Sports"). You'll find contests for sports like:

  • Cricket
  • Tic Tac toe
  • ...and other sports we may add from time to time.

Anyone who uses, accesses, or participates in our free ("Practice Contest") or paid ("Paid Contest") fantasy sports games on malaamal.com is a "User," and that's who "You" and "Your" refer to. When we say "We," "Us," or "Our," we're talking about "malaamal.com," which includes our mobile application and our website (collectively, the "Platform"). Together, Practice Contests and Paid Contests are simply called "Contests."

AGREEMENT TO OUR RULES

By continuing to use malaamal.com, you are agreeing to these terms and conditions, along with any other rules or guidelines we might provide ("Terms"). These Terms form a legally binding agreement between you and us.

You understand that if there's any conflict between these general Terms and any specific rules related to a particular Contest or feature on our Platform, those specific rules will take precedence.

By agreeing to these Terms, you also consent to receive communications from us and our partners, licensors, or affiliates for various purposes, through channels such as:

  • Announcements on the Platform
  • Administrative and direct messages
  • Advertisements
  • Notifications within your account
  • Any other methods we deem appropriate

To ensure you receive these important updates, please add us to your safe sender list on your email and other communication platforms.

YOUR MALAAMAL.COM ACCOUNT

To access our Services, you'll need to register and create a personal account ("Account") on malaamal.com. When you create your Account or at any point while using our Services, we may ask you to provide some or all of the following information and/or documents:

  • Your full name
  • Your chosen team name
  • Your mobile phone number
  • Your complete address and the state you live in
  • Your gender
  • Your date of birth
  • Your Aadhar number
  • Any other valid form of identification
  • Your bank account details
  • Your UPI ID
  • Your Permanent Account Number (PAN)

We reserve the right to conduct Know Your Customer (KYC) verification as required by law, and we'll do so in accordance with the applicable regulations.

WHO CAN PLAY? - ELIGIBILITY

To participate in our Paid Contests, you must meet the following requirements:

  • You must be 18 years of age or older.
  • You must be a resident of India.
  • You must have a valid Indian mobile phone number to register an Account.

Please be aware that Paid Contests are not permitted in the following states ("Restricted States"):

  • Andhra Pradesh
  • Assam
  • Nagaland
  • Sikkim
  • Telangana

By using our Platform, you confirm that you are not a resident of any of these Restricted States. You also agree not to provide any false information or make misleading statements to bypass these restrictions and participate in Paid Contests, as this would be a violation of the applicable laws of India ("Applicable Law") in those Restricted States.

CONTEST RULES AND HOW THEY WORK

CONTEST RULES

By participating in any Contest on malaamal.com, you understand and agree to the following:

  • To enter a Contest, you'll need to create a fantasy team ("Team") by selecting real players who are participating in the actual Sports event.
  • You must finalize your Team for the specific Contest before the official start time of the Sport, or any other time we specify ("Contest Deadline"). We may occasionally extend the Contest Deadline and will try to notify you in advance.
  • Each Contest requires a minimum number of participants ("Pre-specified Number of Users") to become active.
  • For some Contests that allow multiple entries ("Multiple Entry Contest"), you can create more than one Team. However, we have the right to limit the maximum number of Teams you can submit for each Contest format.
  • To join Paid Contests, you'll need to pay the fee indicated on the Contest page ("Pre-Designated Amount").
  • We will deduct a service fee from this Pre-Designated Amount to cover the cost of providing our Platform and Services ("Platform Fees"). The remaining amount will contribute to the total prize money for that Contest ("Prize Money Pool").
  • Just to be clear, malaamal.com has no ownership or claim to the Prize Money Pool itself.
  • From time to time, we may run special promotions or offers on malaamal.com. Your participation in these will be governed by the specific terms and conditions of that promotion.
  • You can participate in a maximum of 2000 Contests per cricket match and up to 500 Contests per match in any other sport.
  • For any single Contest you enter, you can create a maximum of 20 (twenty) different Teams.
  • Our information about the toss and starting lineups is provided solely to help you in selecting your Team(s). We rely on data from third-party providers ("Data Feed Providers") and publicly available information to indicate player inclusion.
  • Before creating your Team, we strongly advise you to do your own research on player stats, pitch/field conditions, weather, player performance history, team records, and the track record of captains and vice-captains.
  • Flexible and Non-Flexible Contests:
    • A Contest will proceed even if only 2 (two) Users join ("Flexible Contest").
    • A Contest will only become active if the number of participating Users meets the limit we set for Public Contests or the limit you set for Private Contests ("Non-Flexible Contest").
    • For Flexible Contests, the Prize Money Pool will be directly proportional to the number of Users who participate. This means the Prize Money Pool shown on the Contest page will decrease if the number of Users joining is less than the limit you set for a Private Contest or we set for a Public Contest.
  • By participating in any Contest, you agree to strictly follow these Terms, as well as any additional rules we publish, including:
    • Our specific "Fantasy Rules" for each sport (which you can find on our "How to Play" pages for Cricket, Football, Kabaddi, Volleyball, Hockey, Basketball, Baseball, Handball, and American Football); and
    • Any other rules and regulations, including those related to payments for participating in Contests.
CONTEST FORMATS
  • Public Contest: These are Contests where you can compete against other Users without any specific restrictions.
    • Public Contests can be either Flexible or Non-Flexible.
    • We reserve the right to cancel a Public Contest if the number of participants is lower than the Pre-specified Number of Users. If we cancel, we will refund your Pre-Designated Amount without any deductions.
    • If a Contest is marked as a "Guaranteed Contest," it will become active once the Pre-Specified Number of Users join. The Prize Money Pool for these Contests is fixed beforehand, and we will cover any shortfall if there aren't enough participants to meet the guaranteed amount.
    • We will declare winners based on the rankings shown on the Contest page, regardless of the final number of participants.
  • Private Contest: These are Contests that you create, and you invite other Users ("Invited Users") to join.
    • To create a Private Contest, you need to:
      • Give your Private Contest a name.
      • Set a limit on the number of Users who can join (between 2 and 20,000).
      • Choose whether your Contest will be Flexible or Non-Flexible.
      • Pay the Pre-Designated Amount to create and join the Private Contest.
    • Once you create a Private Contest, we will provide you with a unique code ("Contest Code") that you can share with others to invite them to participate.
    • Once created, you cannot make any changes to the terms of a Private Contest.
    • Invited Users must enter the Contest Code and pay the Pre-Designated Amount to join.
    • We will refund the Pre-Designated Amount if, one hour before the Contest Deadline, the number of participants in the Private Contest is less than:
      • The Pre-Specified Number of Users (if it's a Flexible Contest); or
      • The limit you set (if it's a Non-Flexible Contest).
    • We will process refunds after the Contest Deadline has passed.
    • We are not responsible to the Invited User(s) if they are unable to join the Private Contest for any reason that is not directly our fault.

WINNING

WINNER DECLARATION
  • Teams are awarded points based on the real-life performance of the players you selected in the Contest. The User(s) whose Team(s) achieve the highest score(s) at the end of the Contest will be declared the winner(s) ("Winners"). In Contests with multiple winners, prizes will be distributed based on the ranking of their Team's total score, with higher scores receiving better prizes.
  • Winners will be determined based on the highest total score of a User's Team in a specific Contest (which can cover a Sport event lasting from 1 to 5 days).
  • The number of winners and the prizes for each Contest will be announced on the Contest page before the Contest begins.
GENERAL RULES FOR DISTRIBUTION OF WINNINGS
  • The User who accumulates the most points at the end of a match will be eligible to win a pre-determined amount from the Prize Money Pool, as detailed on the relevant Contest page.
  • In the event of a tie in scores, the winnings will be divided equally among the Users who are tied.
  • We reserve the right to change or modify the winnings at our discretion before the Contest Deadline.
  • Any winnings in the form of prizes or rewards that we award will be subject to the specific terms and conditions of those promotional events.
  • We reserve the right to disqualify any Winner and prevent them from withdrawing winnings or receiving any prize if:
    • Any document or information you submitted is incorrect, misleading, false, fabricated, incomplete, or illegible.
    • You created Teams on behalf of other Users.
    • You do not comply with these Terms.
    • You falsely stated your State of residence and entered a Contest from a Restricted State (as mentioned in clause IV).
TABULATION AND SCORING
  • We use Data Feed Providers and/or the official website of the Sports Event organizer to get the scores and other information needed to calculate the fantasy points.
  • If we are made aware of an error in the calculation of fantasy points due to inaccurate or incomplete information from the Data Feed Provider, we will do our best to correct these errors before distributing the prizes.
VERIFICATION OF WINNERS
  • We, or our third-party service providers acting on our behalf, may contact Winners via the email address or mobile number provided when they created their Account. At this point, we will explain the verification process and the documents needed to claim the prize.
  • If you have been declared a Winner on malaamal.com but haven't received your winnings, please contact our Help and Support within forty-eight (48) hours of the Winner announcement so we can help resolve the issue as quickly as possible.
  • You agree that our decision regarding the awarding of Winnings according to these Terms will be final and legally binding on you.

PAYMENT TERMS

The following terms apply to all payment-related transactions you make on malaamal.com, and by using our Platform, you agree to these terms.

PAYMENT ACCOUNTS

When you access and use malaamal.com, you will have the following types of accounts to manage your payments:

  • Unutilized Account: This holds any money you've deposited through our payment gateway to use for our Services.
  • Winning Account: This is where your winnings from Paid Contests are held.
  • Play Winning Account: This is a part of your Winning Account specifically for winnings you choose to keep as "Play Winnings." Play Winnings cannot be withdrawn but can be used to join Contests and do not expire.

DISCOUNT OFFERED

To promote our Platform and provide incentives, we may offer you discounts that can be used to join any paid Public Contest(s) ("Discount(s)"). You agree to the following regarding these Discounts:

  • You cannot transfer or withdraw any Discount amounts to any other account, including your bank account.
  • The use of any Discount will be subject to specific terms that we will notify you of when the Discount is issued.
  • Discounts are issued at our sole discretion and you are not entitled to them as a right.
  • Discounts will be applied towards the Pre-designated Amount required to join a Contest.
  • If your Account is terminated, any unused Discounts will be forfeited, and you will have no claim to them.
  • It may take up to 24 hours for any Discount issued to you to appear in your relevant Discount account. You agree that we are not responsible for any delay, including any missed opportunities to join Contests due to such delays.
  • If there is any conflict between these general Terms and the specific terms of a Discount, the Discount-specific terms will take precedence.
We offer the following types of Discounts:
  • Discount Point: We may award discount points when you successfully deposit funds into your Unutilized Account ("Discount Point"). Your use of these Discount Points is subject to the following:
    • Discount Points are valid for ninety (90) days from the date they are issued.
    • Discount Points will be credited to your Discount Point account ("Discount Point Account").
    • When you join a Paid Contest, a certain percentage of the Discount Points available in your Discount Point Account will be automatically applied to the Pre-Designated Amount.
    • The deduction of Discount Points from the Pre-Designated Amount is in addition to any other Discounts you may have.
    • If you request a refund of the amount you deposited in your Unutilized Account, any Discount Points you received in connection with that deposit will be forfeited, and you will not be able to use them.
    • If a match is abandoned or cancelled, any Discount Points that were deducted from the Pre-Designated Amount for that Contest will be returned to your Discount Point Account.
  • Discount Bonus: We may, at our discretion as part of a Promotion, issue you a Discount bonus according to the terms and conditions of that Promotion ("Discount Bonus"). In addition to the Promotion's terms, you agree to the following:
    • Discount Bonuses will be credited to your Discount Bonus account once you meet the conditions of the relevant Promotion ("Discount Bonus Account").
    • Discount Bonuses will be automatically deducted from the Pre-Designated Amount you need to pay.
    • Discount Bonuses are valid for 14 days from the date they are credited.
    • A maximum of ₹15,000 worth of Discount Bonus can be used in a single match.
  • Discount Coupons: We may, at our sole discretion, grant you Discount coupons, and each coupon will be governed by specific terms and conditions that we will notify you of when we issue the coupon. You understand that Discount coupons will have their own validity periods and specific terms, which will be available on the Platform. If there is any conflict between these general Terms and the terms specific to a Discount coupon, the Discount coupon's terms will prevail.
PRE-DESIGNATED AMOUNT PAYMENT

When you join any Contest, after any applicable Discount Bonus, Discount Coupons, and Discount Points are deducted, the Pre-Designated Amount will be debited in the following order: first from your Unutilized Account, then from your Play Winnings, and finally from your Winning Account. For the Unutilized Account, debits will be made based on the order in which the funds were originally credited (oldest first).

If you don't have enough balance in any of your Accounts to join a Paid Contest, you will need to deposit the required Pre-Designated Amount. You agree that any amount you deposit will be subject to the deduction of applicable GST according to these Terms.

WITHDRAWALS PROCESSING

When you make your first withdrawal, you will be asked to provide certain documents for payment processing and verification.

The name on the identification document you provide in the app must match the name of the bank account holder or the name associated with the UPI ID you provide for bank account or UPI verification at the time of withdrawal or bank account change request.

We will process your withdrawal after we verify your bank account details and/or UPI ID (if applicable). Once verified, we will deduct the amount from your Winning Account and transfer it online to your bank account as quickly as possible.

The minimum amount you can withdraw in a single transaction will be communicated on the malaamal.com app's withdrawal page.

We may charge a processing fee for the online transfer of funds from your Winning Account to your bank account.

We rely on banks and third-party payment processors to handle transactions on our Platform. Therefore, it may take up to 24 hours to process any payments to your bank account. You agree that we are not responsible for any delays in processing payments.

Once a withdrawal transaction is confirmed, it is final, and no cancellation is allowed.

TAXES PAYABLE

From October 1, 2023, a Goods and Services Tax (GST) of 28% is applicable to the amount you deposit into your Unutilized Account. You can see the GST paid on each deposit in the 'My Transaction' page on the Platform. The GST amount shown on the invoice is the final GST amount charged to you.

All winnings will be subject to a deduction of tax at source (TDS) as per the Income Tax Act 1961. Effective April 1, 2023, TDS of 30% will be deducted from your Net Winnings (NW) on each withdrawal request you make.

What is FairPlay?

Fairplay is about having a level playing field for everyone on Malamaal. To provide a safe, secured and a trusted platform ensuring that all participants in the Malamaal game play with Sportsmanlike conduct.

How does it work?

Malamaal reserves the right to initiate appropriate action against users engaging in any activity which violates our terms and conditions and disrupts the level playing field which impacts our users. These actions may include withholding winnings, suspending and/or deactivating user accounts, seizing Malamaal Coins, disabling earning of future Malamaal Coins and taking necessary legal action against such users.

For the purpose of calculating NW:

calculation of NW for the first withdrawal during the Financial Year (“FY”):

NW = A - (B+C)

A = Aggregate amount withdrawn from the Winning Account;

B = Aggregate amount of non-taxable deposit made in the Unutilised Account till the time of withdrawal;

C = balance amount in the Unutilised Account and the Winning Account at the beginning of the FY (“Opening Balance”);

NW shall be Zero if the sum of B & C is equal to or greater than A

calculation of NW during the FY in each subsequent withdrawal from the Winning Account:

NW =A-(B+C+E)

A = Aggregate amount withdrawn from the Winning Account till the time of such withdrawal including the amount of such subsequent withdrawal;

B = Aggregate amount of non-taxable deposit made in the Unutilised Account till the time of such subsequent withdrawal;

C = balance amount in the Unutilised Account and the Winning Account at the beginning of the FY (“Opening Balance”);

E = NW comprised in earlier withdrawal or withdrawals during the FY until this subsequent withdrawal if tax has been deduced on winnings comprised in such withdrawal or withdrawals

NW shall be Zero if the sum of B, C & E is equal to or greater than A

calculation of NW at the end of the FY:

NW =(A+D)-(B+C+E)

A = Aggregate amount withdrawn from the Winning Account during the FY;

B = Aggregate amount of non-taxable deposit made in the Unutilised Account during the FY;

C = balance amount in the Unutilised Account and the Winning Account at the beginning of the FY (“Opening Balance”);

D = balance amount in the Unutilised Account and Winning Account at the end of the FY (“Closing Balance”) and

E = Net Winnings comprised in earlier withdrawal or withdrawals during the FY until this subsequent withdrawal if tax has been deduced on winnings comprised in such withdrawal or withdrawals;

NW shall be Zero if the sum of B, C & E is equal to or greater than sum of A & D

In the event, You do not withdraw any of Your winnings during a financial year and You have Net Winning balance as of 31 March of each year, then TDS of 30% shall be deducted on such Net Winnings balance from Your Winning Account or Unutilized Account as on 31 March as calculated above.

In case of any revisions by the Government of India to the aforementioned rate or the definition of Net Winnings in the future, TDS will be deducted by Us in accordance with the then-current prescribed TDS rate and the revised definition of Net Winnings. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Net Winnings. We shall not in any manner be responsible for users' individual tax matters.

REFUNDS

We will refund any amount left in your Unutilised Account if your Account gets suspended or removed

  1. due to Our failure to provide Services,
  2. any instruction received from any government or regulatory authority

We will refund the Pre-Designated Amount paid by You in case any Contest is abandoned in accordance with these Terms.

We shall deactivate Your Account pursuant to any direction issued by an appropriate government agency and/or competent authority. If We receive requisite instructions from such authority, We shall refund the deposited amount from Your Unutilised Account to the source account, subject to applicable processing fees.

In the event Our Services are not available due to reasons outside Our control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Our control, such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, epidemic, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of services available on Our Platform (each a “Force Majeure Event”), then We reserve the right to cancel any Contest and process refund of the Pre - Designated Amount.

In the event of a Paid Contest involving up to 4 Users, where all the Users have entered the same teams (including the same Captain, Vice-captain and Back Up replacement), the Pre-Designated Amount shall be refunded to all the users after the match starts. The refund shall be credited to the account from which the Pre-designated Amount was utilized. For a Paid Contest involving 5 or more Users, where all the Users have entered the same teams (including the same Captain, Vice-captain and Back Up replacement), the Prize Money Pool shall be equally divided between the Users.

If there is any request for withdrawal of amount deposited in Unutilised Account, such refund request shall be processed net of GST i.e. applicable 28% GST paid on the amount deposited in Unutilised Account. GST amount shall not be refunded as per applicable government laws.

USER FUNDS

You hereby authorise Us to appoint an independent third-party/ trustee/ escrow agent to act on your behalf in a fiduciary capacity (“Third Party”) with respect to holding any amount belonging to You and undertaking actions, consents, approvals and any other requisite instructions necessary for such amount.

You acknowledge that

We do not hold any right, title and/or interest in the Prize Money Pool.

the amount deposited by You will be used only for participation in the Paid Contest and/or any other gaming related value-added services availed.

any amount deposited by You, shall not be forfeited by Us except in case where We receive an instruction from any government agency or competent authority.

You further authorize Us to instruct the Third Party to open a bank account(s) which will be used for including but not limited to the following payouts:

withdrawal of Your winnings;

payment of Platform Fee;

payment of taxes as applicable towards TDS on Net Winnings; and

Government (toward GST payable)

payments towards any other gaming related value added services offered by Us.

YOUR CONDUCT

In using and accessing Our Platform, You agree to observe the following code of conduct:

ACCOUNT INFORMATION

You are permitted to create only one Account on Our Platform. When creating Your Account with Us (or updating Your Account information), You agree that You will provide true, accurate and updated information and documentation. You will not provide any false and/or incorrect information and documentation nor impersonate or attempt to impersonate and/or otherwise assume the identity of another person without due authority. You will not commit any such fraudulent act which amounts to forgery and/or involves the fabrication of documentation.

You agree and acknowledge that the address-related details provided by You shall be treated as Your “Address on record” for the purposes of the Goods and Service Tax Act.

You agree that You shall promptly update your Account related details on Our Platform in the event of any change in such details and/or write to Our Help and Support in the event of any; a) change in Your Account related details and/or; b) any unauthorised use of Your Account to enable us to take remedial action.

MAINTAIN CONFIDENTIALITY

You will maintain the confidentiality of all information relating to Your Account, and You will not share Your One Time Password (“OTP”) with any other person;

You will not engage in any fraudulent conduct in logging into another user’s account by asking for their account-related information or taking their OTP.

COMPLIANCE WITH APPLICABLE LAW

You agree to comply with Applicable Laws.

You agree that You shall not commit any illegal act that disrupts Our systems.

VIOLATION OF PLATFORM TERMS

You shall not engage in any Fair Play Violation.

You shall not violate any of the Terms in using and accessing Our Platform and Services;

You shall not misuse any Discount and/or any other offers or promotions given by Us.

You agree that you shall use the Platform and Our Services solely in Your personal capacity, and You will not engage in malpractices or collude with other Users in deriving any benefit and/or running any business in connection with the use of Our Platform and/or Services.

You shall not be engaged in any form of insider trading, i.e. illegally sharing and seeking non-public information, knowledge of participating teams in any given contests/match, strategies, organizing boards, leagues etc. which may give You an unfair competitive advantage. (“Insider Trading”)

You shall not tamper, modify, or otherwise deal with our data, content, software, technology and/or Intellectual Property by any means.

RESPONSIBLE PLAY

We're committed to fostering responsible gaming for all our users. You agree to participate in the Contests responsibly by making informed decisions and playing within Your means. You are encouraged to seek help if needed.

ADDITIONAL FEATURES

We offer Our Users additional features on our platform

Chat Feature: is a tool that allows You to communicate with each other in real-time on the Platform either in a public or private setting (“Chat Feature”). You agree to observe the following code of conduct:

You shall not engage in illegal, obscene, abusive, offensive, racially insensitive, communal, objectionable, defamatory, or otherwise inappropriate and immoral conduct

You shall not harass, bully, stalk, threaten, or otherwise violate any rights of other Users;

You shall be responsible for all content published, contributed, and made available by You on Our Platform. This includes any content You share with Us (“User Content/Your Content”).

Your Content shall not be immoral, profane, defamatory, or offensive;

You shall not use Our Platform for advertising, offering or selling any goods or services for commercial gain except with Our prior written consent;

You shall not restrict or inhibit any other User from using Our Platform;

You shall not publish any content on Our Platform which is patently false, with the intent to mislead or harass any person or third party, whether for financial gain or to cause any injury to any person or otherwise;

You shall not collude with any other User(s) or engage in syndicate play;

You agree that such behaviour qualifies as User misconduct.

You shall not spam other User(s) by sending any unsolicited communications;

You will not collect, store, or obtain any information about other Users without their prior written consent;

You shall not engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nations.

You agree to adhere to the Community Guidelines.

Malamaal Coin - By participating on our Platform and engaging in specific actions such as participating in a Contest, You will be awarded Malamaal Coins for Your participation subject to Your compliance with the terms and conditions provided here.

OUR RIGHTS AND OBLIGATION

YOUR CONTENT

We reserve our rights to remove (without notice) any offending/illegal/objectionable/ infringing content posted by You and take such necessary action as We may consider appropriate concerning Your Content;

CONTEST

We may choose to:

Revise the roster of players available for selection in relation to any Contest/Sports offered on Our Platform based on the official information We may receive from the sports organiser or any third-party sources.

Withdraw and/or cancel any Contest without prior notice to You should the carrying on of such Contest be prohibited and/or require any governmental, statutory or regulatory compliances or approvals;

Adjust the Contest Deadline or Abandon any Contest.

We reserve the right to abandon a Contest upon the occurrence of circumstances beyond Our reasonable control, including circumstances specified below:

If the Sports (other than Cricket matches) is rescheduled to take place before the Contest Deadline and whose start time is more than 10 mins of the Contest Deadline.

if the Contest Deadline for cricket matches is extended by more than 10 minutes, or 3(three) overs have been bowled (whichever is less), before the official start time of the cricket event;

If the Sports is rescheduled to take place after the Contest Deadline for any reason, including interruptions and delays caused due to weather, toss delays, non-availability and non-appearance of Teams, technical glitches etc and the start time of the relevant Sports cannot be verified by Us through publicly available sources.

We reserve Our Right to adjust the Contest Deadline upon the occurrence of circumstances beyond Our reasonable control, including the following circumstances:

For Sports other than cricket - If the Sport is rescheduled to take place before the Contest Deadline, We reserve Our Right to adjust the Contest Deadline to a maximum of 10 minutes post actual start time of the relevant Sports;

Suppose the cricket event is rescheduled to take place before the Contest Deadline. In that case, We reserve Our Right to adjust the Contest Deadline by a maximum of 10 minutes, or 3(three) overs bowled (whichever is less), before the official start time of the cricket event;

If the cricket event is rescheduled to take place before the Contest Deadline and the official start time of the cricket event cannot be determined and verified by Us through publicly available sources, We may adjust the Contest Deadline to such a time by which a maximum of 3 overs in a given match are bowled; or

If the Sport is rescheduled to take place after the Contest Deadline for any reason including, interruptions and delays caused due to weather, toss delays, technical glitches etc., based on reliable and/or publicly available sources, We may extend the Contest Deadline to a time which is synonymous with the actual start time of the Sport.

OUR SERVICES

We may choose to

Change, discontinue or suspend all or any part of Our Service;

Suspend or terminate Your Account as directed by an appropriate government agency and/or competent authority.

BREACH OF TERMS

In case of breach of these Terms or if We reasonably believe that You have breached these Terms, We may choose to:

Restrict, suspend, deactivate or permanently delete Your account with Us (including all related information that You might have provided to Us)

Disqualify You from participating in a Contest;

refrain from awarding any prizes to You or forfeit Your winnings

initiate appropriate civil/criminal proceedings as We may consider appropriate in addition to forfeiture and/or recovery of prize money.

INTELLECTUAL PROPERTY RIGHTS

You agree that We (including Our partners, licensors and/or associates) own all intellectual property rights in and to the software underlying the creation of Our Platform, including all material and content published by Us on Our Platform, which includes (but is not limited) to the following:

  • Our Contests
  • Our software/technology
  • Our advertisements
  • Our written/published content
  • Our images, graphics, photographs, illustrations
  • Our marks, logos, trade name
  • Audio and visual clippings used and published by Us
  • Flash animation (“Our Intellectual Property Rights/Our Content”)

You agree that in accessing Our Intellectual Property Rights, You shall not do the following without Our prior written consent:

Modify, distribute, publish, transmit, reproduce, or otherwise deal with Our Intellectual Property Rights; or

Create derivative works of Our Intellectual Property Rights or in any way exploit Our Intellectual Property Rights.

You agree that:

You own all the intellectual property rights in Your content;

Your content will not result in any infringement claims from any third party; and

We are not liable for any of Your content shared and/or contributed by You on Our Platform.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable, and transferable license to use Your content for the following:

use, reproduce, distribute, publish, and transmit Your content; and

otherwise, create any derivative works of the User Content for the following purposes:

display of User Content on Our Platform;

distribution and/or storage of User Content (either electronically or via other media) for any purpose; and

storing Users' Content in a remote database accessible by Users, for a charge

PRIVACY POLICY

All Your personal information collected (including financial data) is subject to Our Privacy Policy which is available at Privacy Policy. You are encouraged to review this Privacy Policy to understand the data we collect and the purpose for which such data is collected.

GRIEVANCE REDRESSAL MECHANISM

In case you have any complaints or grievance pertaining to (i) any User Content that You believe violates these Terms including any infringement of Intellectual Property Rights, (ii) Your access to the Platform, please share the same with Us by writing to: grievanceofficerMalamaal.com. On receiving such a complaint, grievance or notice, the grievance officer may reach out to You to seek further clarification, or to verify Your complaint. The name and title of the Grievance Redressal Officer are as follows:

Name: Saurabh

Email: grievanceofficer@Malamaal.com

Address: to the digital, 1485, mohalla hamid hasan, near bus stand, chilkana dehat, Saharanpur, uttar Pradesh, 247231

The Grievance Officer identified above is pursuant to the provisions of Applicable Laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through the publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.

You agree that regardless of any statute or law to the contrary, any complaints or grievances arising out of or related to the use of Our Platform or these Terms should be filed within thirty (30) days of such claim to enable us to resolve Your complaint at the earliest.

LEGALITY

Fantasy Sports offered by Us on our platform is a game of skill and a legally and constitutionally protected business not amounting to betting, gambling and wagering held by the Supreme Court of India and different High Courts of India in multiple judgments.

These Contests require You to use Your knowledge, judgement and expertise to primarily determine Your success in such Contests rather than relying on chance.

PUBLICITY

By accepting a prize, You grant Us and Our affiliates an irrevocable, royalty-free, worldwide, perpetual license to use Your name, likeness, image, voice and comments/ testimonials for any purpose, including but not limited to advertising and promotional purposes in any media.

We may organize promotional activities for which We may require Your presence. We will communicate the details of these activities to You. These promotional activities may include press events, internal meetings and ceremonies/functions.

LIMITATION OF LIABILITY AND INDEMNIFICATION

By accessing Our Platform, You hereby agree to indemnify Us and/ or any of Our directors, employees, partners, affiliates, associates and licensors (“Representatives”) against all liability, cost, loss, claims or expense arising out of Your access to Our Platform, arising due to any negligence on Your part and/ or any illegal act on Our Platform and/ or non-compliance with these Terms.

Neither We nor Our partners, affiliates, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of Your use of or inability to use Our Services, even if We have been advised of the possibility of such damages.

You, with this, waive each and every right You may have against Us and/ or Our Representatives for any injuries, accidents, or other events that may occur as a result of You accessing Our Platform, participating in Contests, or receiving Contest prizes. This waiver includes any known or unknown, anticipated or unanticipated events.

GOVERNING LAW AND DISPUTE RESOLUTION

The courts of Mumbai shall have exclusive jurisdiction to determine any and all disputes related to Our Services [(including the Contest(s)] (“Dispute”) and grant interim relief in any Dispute referred to arbitration as given below. Any Dispute will be governed by the laws of the Republic of India.

If there is a legal Dispute, the party raising the Dispute must send a written notification (“Notification”) to the other party. The parties will then try to resolve the Dispute through amicable discussions. Suppose the dispute remains unresolved within fifteen (15) days of receiving the Notification, in that case, the dispute will be settled through arbitration. We will appoint a sole arbitrator to conduct the arbitration proceedings in English as per the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be Mumbai.

The arbitration award will be final and binding on the parties. Each party will pay for the costs of arbitration and equally share the arbitrator's fees unless the arbitral tribunal decides otherwise. The arbitrator can pass interim orders and awards, including orders for specific performance, and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.

Nothing contained in these Terms shall restrict Us from seeking and obtaining interim or permanent equitable or injunctive relief or any other relief available to safeguard Our 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 Our part to pursue any remedy for monetary damages through the arbitration described herein.

OTHER TERMS

These Terms govern Your use of Our Platform and Services and supersede any prior agreements that You may have with Us.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

In the event any of the provisions of these Terms are held to be invalid, illegal or unenforceable by any competent authority for any reason, the remaining portions of these Terms, if capable of substantial performance, will remain in full force and effect.

Our employees are not eligible to participate in any paid Public Contest, which is a Public Contest.

You acknowledge that You may be subject to additional terms that govern your transactions on Our Platform. You agree that if there is any conflict between these terms and the additional terms, the additional terms will prevail.

We may assign our rights and liabilities in relation to the Services offered by Us to any entity as we may deem fit in course of our business activity.

DISCLAIMERS

We will not be liable for any delay or failure to render the Services resulting from any Force Majeure Event.

You may access Our Platform at Your own risk. We are not responsible or liable for any loss or damage (including injuries, death, or loss of property) that You or anyone else may suffer while accessing Our Platform.

You agree that Our Platform may contain third-party advertisements and links to websites/services owned and operated by Our affiliates and/ or third parties (“Third Party Content”). We do not endorse the Third Party Content or services of any third parties included on Our platform. We cannot guarantee the accuracy, reliability or quality of such Third Party Content. Your reliance on Third Party Content is at Your own risk. Any claims that You have regarding Third-Party Content should be directed to the third party in question.

We will not be held responsible for any issues with the storage, deletion, delivery, or accessibility of information or materials to the extent allowed by law.

We do not provide any warranty for Our Content, which is provided on an "as is, as available basis”.

We are not responsible for any errors or inaccuracies in the team starting line-up data provided on Our Platform, as it is obtained from external sources or publicly available information.

We are not responsible for any inaccuracies in calculating fantasy points or the selection of winners due to inaccurate or incomplete information received from any third-party service provider.

We make no representations or warranties regarding the quality, suitability or merchantability of any prizes and are not liable with respect to the same.

We will not be liable for your inability to access Our Platform for any reason beyond our control such as network outage, telecommunication failure, internet suspension,virus, malware etc.

We are not responsible for any errors in communication, or omissions in communication, including any errors made by You, which may prevent the results from being communicated to You.

We are not liable for any consequences arising from You sharing any confidential information including but not limited to OTP with any other person.

Promotions:

Standard Terms and Conditions of Promotions

These standard terms and conditions of promotions (“Standard Terms”) supplement the terms of promotions undertaken on the Malamaal website and which reference these Standard Terms (each a “Promotion”):

Participation in any Promotion will be subject to a user complying with the Promotion Terms implemented by Malamaal in 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 and conditions of the Malamaal game and Malamaal’s privacy policy.

The Promotions are only open to users in India. Participation in the Promotions by proxy is not permitted.

Participation in the Promotions is voluntary.

Participation in one Promotion does not guarantee that such user will be eligible to participate in another Promotion.

A user may participate in a Promotion and avail of each Promotion only through one account. An existing user of Malamaal shall not register a new account or operate more than one user account with Malamaal or participate in a Promotion by registering a new account.

Users intending to participate in a Promotion may be required to verify their mobile number and other account details in accordance with the Promotion Terms for such Promotion.

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 (including the delivery of Bonus Amount (if any) or the free-entry (if any) under such Promotion). Such persons agree not to make any claim or raise any complaint whatsoever against Malamaal in this respect. Please note that persons intending to participate in a Promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against Malamaal if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to a Promotion.

The verification process may require you to submit personal information about yourself. You agree to receive communication from Malamaal. Any information collected in respect of your identity and contact details as part of a Promotion or otherwise in the course of your use of the Malamaal Website shall be subject to Malamaal’s Privacy Policy

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

The Bonus Amount (if any) deposited into the user’s account can be used to join cash contests and contests on Malamaal. However, the Bonus Amount (if any) cannot be: (i) used to join 2-member contests; or (ii) withdrawn or transferred to any other cash balance account held by you with Malamaal or to any third party account or to any bank/payment instrument account. THE BONUS AMOUNT (IF ANY) SHALL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT (IF ANY).

The deposit of the Bonus Amount (if applicable) or the grant of the free-entry (if any) shall be at the sole discretion of Malamaal and shall be subject to the user’s compliance with these Standard Terms and the applicable Promotion Terms. Malamaal may substitute or change the Bonus Amount(if any) or free-entry (if any) offered under a Promotion at any time without notice. Users may not substitute Bonus Amount (if any) or free-entry (if any) for other items or exchange for cash.

Malamaal reserves the right to withhold or forfeit the benefits of a Promotion (including a free-entry or Bonus Amount due to a participant or any prizes/winnings earned by the participant by using such benefits) in the event that it determines or reasonably believes that the participating user has violated these Standard Terms, the applicable Promotion Terms or the terms and conditions of the Malamaal fantasy game(s).

Mere participation in a Promotion does not entitle the participant to receive any free-entry or Bonus Amount(s) indicated as a prize under such Promotion

The decision of Malamaal will be final and binding with respect to the Promotions, and the prizes therein and no correspondence, objection, complaints, etc. will be entertained in this regard.

Each Promotion cannot be clubbed with any of other contest/offer/promotion that are running simultaneously and organised or conducted by Malamaal.

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

Malamaal does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants of the Promotions.

Notwithstanding anything contained herein, the aggregate liability of Malamaal to a participating user in relation to any Promotion for any reason whatsoever shall not exceed Rs. 50.

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 Mumbai.

Standard Terms and Conditions of "Invite Friends" program.

The Malamaal Invite Friends Program lets you invite friends (“Inviter”) to the Malamaal app. In the event that you and your invited friend (“Invitee”) meet the criteria and complete all the steps specified in these terms, you will earn benefits as communicated to you on the app via our new 'Refer & Earn' program from 05:00:00 hours on 1 March, 2024 till IST 23:59:59 hours on 19th February, 2025, and your friend will receive 90% discount ( “Invitee Discount”). Please note that you will not get any rewards for your friend's actions that were invited before our new rewards program implemented from 1 March, 2024. To participate in the Program, please note our terms and conditions ("Terms") in this respect, as they govern your participation.

Eligibility – All users who: (i) have an account registered on the "Platform"; and (ii) are eligible to participate in the pay-to play game (as per the Malamaal's terms and conditions, accessible here ).

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

The Program will be open for participation from Indian Standard Time 05:00:00 hours on 1 March, 2024 till IST 23:59:59 hours on 19th February, 2025

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

Rewards will be received by the Inviter only when the Invitee has joined a paid public contest. Simple registration or depositing of cash on Malamaal by the Invitee will not result in any rewards for the Inviter

For the purpose of participation in the Program, you will be provided with a unique link or code, which can be shared by you with friends for the purpose of inviting such friends to and create an account on the Malamaal Application. 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 download and install the Malamaal Application on his/her device; and , register for a Malamaal account via which he/she can enter the unique code shared by the Inviter where prompted in the Malamaal Application

The Invitee has to join a paid public contest before 19th February, 2025 for the Inviter to receive the benefits of the Invite Friends program.

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

An Invitee who is an existing user of Malamaal is not permitted to register a new account for the purpose of availing of the benefit as communicated on the app. Malamaal will determine in its sole discretion whether an Invitee is an existing user of Malamaal or not and take appropriate action.

The invited friend has to be at least 18 years old and not from one of the following states: Andhra Pradesh, Telangana, Sikkim, Odisha, Nagaland and Assam.

The verification process may require an Inviter/Invitee to submit personal information and documents identifying the Inviter/Invitee. The Inviter agrees to receive communication from Malamaal and to allow Malamaal to communicate with friends invited by you about the Inviter's participation in the Program. Any information collected in respect of the Inviter/Invitee as part of the Program or otherwise in the course of such person's use of the Platform shall be subject to Malamaal's Privacy Policy (available here for Indian users)

The verification of an Inviter/Invitee shall be completed at the time of first paid/cash contest join by the Inviter/Invitee or at the first time of adding cash to the Unutilised Account on the platform.

The Invitee will be eligible to receive a one-time 90% discount up to a maximum of Rs. 55 (“Invitee Discount”). This Invitee Discount of 90% shall be valid for 21 days from the date of registration and will be valid on paid public contests above 1000 members before IST 23:59:59 hours on 19th February, 2025.

Inviter can receive MalamaalCoins which shall be communicated to the Inviter via the in-app communications: MalamaalCoins credited for the Inviter will expire after 180 days In addition to the above, terms and conditions (if any) as applicable on each of the rewards shall be communicated to the Inviter via the in-app communications.

Inviter Reward a) The credit of the Inviter rewards is contingent on the Invitee joining a paid public contest before IST 23:59:59 hours on 19th February, 2025. Subject to the provisions of above, the applicable Inviter rewards to the Inviter shall be credited to the Inviter's account within fifteen (15) days of the completion paid public contest joined by the Invitee.

The deposit of the rewards shall be subject to the Inviter’s/Invitee’s compliance with these Terms.

Malamaal reserves the right to:

withhold the deposit of the rewards; and/or

forfeit any deposited rewards to an Inviter/Invitee or any prizes/winnings earned by the participant by using such rewards; and/or

deactivate the accounts of the Inviter/Invitee, in the event that it determines or reasonably believes that such Inviter/Invitee has violated these Terms or the terms and conditions of the Malamaal fantasy games.

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

The decision of Malamaal will be final and binding with regard to the Program, and the deposit of the Rewards and the Invitee Discount and no correspondence, objection, complaints, etc. will be entertained in this regard.

This Program cannot be clubbed with any other promotions/programs that are running simultaneously by Malamaal.

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

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

Notwithstanding anything contained herein, the aggregate liability of Malamaal to a participating Inviter/Invitee in relation to the Program for any reason whatsoever shall not exceed ₹100.