TERMS AND CONDITIONS
This webpage CricWhiz.com/CricWhiz app is owned and operated by CricWhiz pvt. ltd. The terms ‘us’ or ‘we’ (unless the context of use suggests otherwise) refer to the CricWhiz in its capacity as the owner of this Web Portal/App and the operator of the Game. The term ‘you’ or ‘user(s)’ refers to the user or viewer of our Web Portal/App and participants in the Contests.
Through the web/app CricWhiz provides various contests to users, where users are invited to build and act as owners of virtual squads (constituted of real players participating in the real cricket match) that compete against virtual squads of other users.
Accessing, browsing or otherwise using the Web Portal/App or registering for the contests indicates your agreement to all the terms and conditions in these terms, as modified from time to time. Therefore, please read these terms carefully before proceeding.
Registration and Participation
You may participate in the contests at the CricWhiz after registering and creating an account.
The information sought at the time of registration may include your mobile number, email id, full name, an account password, date of birth, gender, etc. You also agree to provide CricWhiz with additional information if needed.
You agree to provide true, accurate and current information for the purpose of creating the account at the time of registration and agree to maintain the accuracy and truth of such information during the course of using the Web Portal/App and/or participating in the contests. Users further agree to update and keep updated their user account information.
Participation is completely FREE for all contests and predictions — CricWhiz does not charge users for participating in contests and winning prizes thereof.
Web Portal/App Content
This Web Portal/App is controlled and operated by CricWhiz. All materials, including illustrations, statements, opinions, views, photographs, player profiles, products, images, artwork, designs, text, graphics, logos, button icons, images, links, audio and video clips and software are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Except where otherwise agreed in writing with CricWhiz in writing, material on the Web Portal/App and Contests is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means, whether directly or indirectly; and you must not assist any other person to do so. Without the prior written consent of CricWhiz, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of these Terms as well as copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
This Web Portal/App may contain user generated Content provided by third parties, including (without limitation) other users. Responsibility for such Content is solely that of the authors/contributors/posters and such Content is not endorsed in any manner by CricWhiz. CricWhiz shall not be responsible for or liable in any manner whatsoever for the Content provided by such authors/contributors/posters in any section of this Web Portal/App. Further, the accuracy of the Content has not been verified by CricWhiz and we provide no warranties with respect to the same. If you seek to rely on any third party or user generated representation of information contained on this Web Portal/App, any such reliance shall be at your own risk.
In the course of providing the contests to users, CricWhiz may require participating users to provide the name of their virtual squad. The user is responsible for any content, picture, logo or other materials posted or transmitted to the Web Portal/App in the course of availing the Contests. You agree that any content posted by you may be used or published by CricWhiz, in any part of the world, or be used for any reason by CricWhiz, including for the creation of derivative works that might include such content, consistent with these Terms, and you are not entitled to any payment or other compensation for such use.
Provision of Contests
Through the Web Portal/App, CricWhiz enables users to build and act as owners of virtual squads (constituted of real players from cricket matches) that compete against virtual squads of other users (Contestants), with points attributed to the virtual players and, in aggregate, to the virtual squads on the basis of the performance of the real players in cricket matches.
CricWhiz reserves the right, to be exercised at its sole and absolute discretion, to: Deactivate or delete a user’s account and all related information and files on the account; Suspend, terminate or otherwise restrict a user’s access to all or any part of the Web Portal/App or the Contests; Change, alter or amend the terms, format or conditions of the Contests or the whole of or any part of the Web Portal/App or the Contests.
In the course of providing the Contests, CricWhiz may, at its sole and absolute discretion, and on such terms as it deems fit, provide prizes to users for participating and winning any of the formats of the Contests. The prizes for the Tournament/Series format, if any, shall be prominently displayed on the Web Portal/App prior to the commencement of series. The prizes for each single match contest, if any, shall be prominently displayed on the Web Portal/App. CricWhiz shall not issue any cash prizes and hereby clarifies that any and all prizes are of nominal cost to itself. Please note that any prizes awarded on CricWhiz will be solely sponsored by CricWhiz and/or its affiliates only. This does not include the companies hosting our app in their stores, such as the App Store and the Play Store. Therefore, neither Apple nor Google will be a sponsor for any contests hosted in CricWhiz at any time.
The issue of prizes by CricWhiz are in recognition of the skill of each user in, amongst others, (1) understanding the game dynamics and the individual role of each player, (2) ascertaining the opportunity cost of selecting one player relative to the other players available for selection, (3) employing his/her knowledge of the player and of such player’s past performance to predict the points likely to be attributable (in accordance with the stipulated points system) to the player pursuant to such player’s performance in a real world match, (4) selecting a squad of 11 players within the constraints and limitations set out above to ensure the maximization of points, and (5) continuing to monitor player performance and make changes in the team, as evidenced from the points accumulated by the virtual squad of such user relative to that of the virtual squads of other participating users in specified leagues and formats of the Contests.
All users above the age of 18 accessing the Web Portal/App and/or Contests from Bangladesh are eligible to win prizes. Furthermore, in case any user is aged less than 18 years as on the date of participation in the Contests, such user is eligible to win prizes provided he/she has obtained the consent of his/her parent or lawful guardian to participate in the Contests and accept prizes; in such circumstances, CricWhiz reserves the right to seek written documentation of such consent of the parent or lawful guardian at any time as a condition to such user’s continued use of the Web Portal/App or participation in the Contests or before disbursing prizes to such minor user.
The issue of prizes shall be at the sole discretion of CricWhiz, and no user shall claim or be entitled to claim or demand any prize as a matter of right. The decisions of CricWhiz and their respective agents, officers and contractors shall be final and binding in all matters related to the contests and issue of prizes. CricWhiz may substitute or change the prize offered at any time without notice. Users may not substitute a prize for other items or exchange for cash. Prizes issued hereunder shall be non-transferrable.
The winner of each prize shall be announced within a reasonable period of time after the completion of the match/series or format of the Game in relation to which such prize is being offered. The winners shall be notified by email to the account specified in their account information and by publication on the Web Portal/App. After notification by email, users shall have 7 days to respond, to verify their identity and residence and claim the prize from CricWhiz in accordance with the procedure set out in the email notification. However, if winners cannot be contacted, are unavailable, or fail to comply with these Terms, the prize issued to them shall stand forfeited, and may thereafter be withdrawn or issued to the next in line eligible user, at the sole discretion of CricWhiz. CricWhiz is not obliged to inform such a winning user of the disentitlement; however, it may choose to bring the same to the notice of the winning user through any of the means available to it.
The cost of delivery of the prize will be borne by CricWhiz, provided that the address for delivery of the same is in Bangladesh. All taxes, levies and duties (including customs duties) due and owing under applicable and statutory laws in connection with all prizes, if any, are the sole responsibility of the winning users. Winning users hereby undertake to provide and/or execute any documents as may be deemed necessary by CricWhiz to effectively issue the prizes to such users in accordance with these Terms.
CricWhiz shall not be liable for any damage/loss/non-delivery of any prize due to incorrect address; late, lost, illegible, corrupted, incorrectly submitted communication, documents, claims or correspondence due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise; or any other incorrect information provided or other user errors by the winning user, and such causes may result in the disentitlement of the winning user. CricWhiz is not obliged to inform such a winning user of the disentitlement; however, it may choose to bring the same to the notice of the winning user through any of the means available to it.
CricWhiz shall not be responsible for any cost, expense or other liability whatsoever in relation to, arising from or connected with the prize or its quality. CricWhiz makes no representation as to the quality, suitability or merchantability; and extends no guarantee or warranty relating to prize. CricWhiz shall not be responsible for any injury (including death), loss, damage or other consequence whatsoever arising from, suffered or incurred by winning users from or in relation to the use of the prize. CricWhiz assumes no responsibility for non-receipt of prize by the winning user(s) or for any damage, loss, injury or disappointment suffered by any winning user or as a result of accepting any prize.
Nothing contained herein amounts to a commitment or representation by CricWhiz to conduct any further promotions, competitions or issue any further prizes.
Warranty and Liability Disclaimer
CricWhiz is constantly endeavoring to improve the quality of the Contests provided to you on the Web Portal/App. Due to this, the form and nature of Contests provided may change from time to time without any prior notice to you. CricWhiz reserves the right to introduce and initiate new features, functionalities, components to the Web Portal/App and Contests and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, CricWhiz is entitled to discontinue (either permanently or temporarily) one or more of the formats of the Contests provided or terminate the Web Portal/App without any prior notice to you.
The Web Portal/App, all the materials and services, included on or otherwise made available to you through this Web Portal/App and the Contests is provided by CricWhiz “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, CricWhiz does not warrant that: This Web Portal/App and Contests will be constantly available or available at all; or The information on this Web Portal/App is complete, true, accurate or not misleading.
User agrees that CricWhiz shall not be responsible to the user where the user is unable to participate in the Game/contest or make changes or substitutions where the Web Portal/App or Contests become in-operational or are not accessible by the user for whatever reason.
CricWhiz, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. CricWhiz makes no warranties about the accuracy, reliability, completeness, or timeliness of the Web Portal/App, Contests, content, services, software, text, graphics and links.
CricWhiz does not warrant that this Web Portal/App, information, content, materials, or Contests included on or otherwise made available to you through this Web Portal/App, its servers, or electronic communication sent from by CricWhiz are free of viruses or other harmful components or that the same will be available to you uninterrupted, timely or error-free or that defects will be corrected.
Accuracy of Information
No representation is made or warranty given as to the completeness or accuracy of any information on this Web Portal/App and/or the Contests. CricWhiz makes no representations about the accuracy, reliability, completeness, or timelines of the Web Portal/App or the Content. The use of the Web Portal/App and the Content is at your own risk. CricWhiz makes no commitment to correct or update this information.
In the computation and updating of virtual points at the end of each match or series, CricWhiz shall, either by itself or through third party services providers, engage in the computation and tabulation of virtual points. However, CricWhiz does not warrant or make any representations concerning the accuracy or completeness of the tabulation of virtual points (including with respect to the tabulation of the scores with respect to each user’s virtual squad) and shall not be responsible or liable for any inaccuracies in the tabulated virtual points and scores or for the declaration of winning users pursuant to any inaccurate or incomplete scores. You agree not to make any claim or raise any complaint against CricWhiz in this respect.
You hereby agree to indemnify, defend and hold harmless CricWhiz and all of CricWhiz’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable advocate’s fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. CricWhiz reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
Breach and Termination
In the event of breach of any of the Terms being evidenced or reasonably ascertained from our investigation or if there is reasonable belief, in our sole discretion, that your continued access to the Web Portal/App is illegal, or detrimental to the interests of CricWhiz, our other users or the general public or that your intentional actions, either directly or indirectly, caused a malfunction or disruption of the Web Portal/App or Contests or any associated infrastructure, we may in our sole discretion take any or all of the following actions:
- Restrict Contests between users suspected of colluding or cheating;
- Permanently suspend your user account on the Web Portal/App and disqualify you from all Contests you have been entered into;
- Withhold any prize that you may otherwise have won in accordance with these Terms;
- Demand damages for breach and take appropriate civil action to recover such damages; and/or Initiate prosecution for violations that amount to offences in law.
Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration on the Web Portal/App and/or for the purpose of participating in the Contests.
The decision of CricWhiz on the action to be taken as a consequence of breach shall be final and binding on you. Any action taken by CricWhiz shall be without prejudice to our other rights and remedies available in law or equity.
Infringement of Copyright
In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Web Portal/App or within any Game, in a manner that constitutes an infringement of your copyright, please compile the following information and email to: email@example.com
- A clear identification of the copyrighted work allegedly infringed;
- An clear identification of the allegedly infringing material on the Web Portal/App (with specific URL reference);
- Your contact details: name, address, e-mail address and phone number;
- A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Web Portal/App is not authorized by your agent or the law;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Your signature or a signature of your authorized agent.
Information Gathered and Tracked
“CricWhiz is neither associated with nor claims any responsibility or official status with any of the official or non-official sportsperson or team. Further, the CricWhiz platform is not associated or affiliated with any private or government cricket leagues/tournaments in any manner unless stated by the organization itself. “