This Statement of Rights and Responsibilities ("Statement", "Terms" or "SRR") derives from the FORESEEGAME and its terms of service that governs its relationship with the users and others who interact with www.foreseegame.com including foreseegame mobile App. By using or accessing www.foreseegame.com including foreseegame mobile App, they agree to this Statement, as updated from time to time.
By accepting these Terms and Conditions, the User who will be using the website www.foreseegame.com warrant that he/she have completed 18 years of age as on date of this agreement and that he/she have fully read and understood the Terms and Conditions as set forth in this agreement, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
The Users are contracting with www.foreseegame.com having its registered address at Innovation Tower, Brandbuddy Engage Analytics Pvt. Ltd., Premises no 16-315, Plot no-DH 6/32, Action Area -1D , Newtown, Rajarhat, Kolkata 700156
For the purpose of the User Agreement, Registered User/Guest User and wherever the context so require the term "YOU" shall mean any natural and/or legal person who has agreed to became a member of the website/Mobile APP by providing registration data (as defined hereinafter) while registering on the Website/Mobile APP as Registered User/Guest User using computer systems of the website and accepted this electronic version/electronic record of the user Agreement and has allocated himself an unique identification user name ("USER ID" and "PASSWORD") to became Registered User or have been identified as Guest by providing cell number and E-Mail ID.
As a new Registered User/Guest User, this User Agreement shall be effective and binding upon your “ACCEPTANCE”.
“ACCEPTANCE” shall mean your affirmative action in clicking on the “check box” and on the “continue Button/SIGN UP” as provided on the Registration Page.
If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and FORESEEGAME’S Terms & Conditions and Policies, please do not click on the “Check box” and/or on the “Continue Button/SIGN UP” and do not seek to obtain access to or otherwise use the Website or mobile APP or both..
When you use any of the services provided by FORESEEGAME through the Website or Mobile APP, You will be subjected to the Rules, Guidelines, Policies, Terms and Conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Foreseegame’s Terms & Conditions and policies as provided from time to time.
1. MEMBERSHIP ELIGIBILITY:
The use of Website or Mobile APP is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of Indian Contract Act, 1872 including minors, undischarged insolvent etc. are not eligible to use the Website or Mobile APP. If you are minor, e.g., under the age of 18 years, you shall not register as a member of the website or mobile App or can use the website or mobile APP as Guest User. FORESEEGAME reserves the Right to terminate your membership and refuse to provide you with access to the Website or Mobile APP, if it is brought to FORESEEGAME’s notice or if it is discovered that you are under the age of 18 years.
BUSINESS ENTITY REGISTRATION:
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this user agreement and you have the authority to bind that business entity to this user agreement.
If you are using www.foreseegame.com or foreseegame mobile APP as a guest user then there could be certain restrictions on you, using that said Website or Mobile App.
2. YOUR ACCOUNT AND REGISTRATION OBLIGATION:
If you use the Website or Mobile APP as registered user, you are responsible for maintaining and confidentiality of your user ID and PASSWORD. If you use the website as a guest user you are responsible for maintaining your personal credentials and for restricting access of your computer, computer system, and computer network and you are responsible for all activities by yourself.
foreseegame.com users provide their real names and information. Here are some commitments user make’s to us relating to registering and maintaining the security of the user account:
- The user will not provide any false personal information on www.foreseegame.com, or create an account for anyone other than himself without permission.
- The user will not create more than one personal account.
- If foreseegame disables user account, the user will not create another one without foreseegame permission.
- User will not use their personal timeline primarily for their own commercial gain, and will use foreseegame for such purposes.
- User will keep their contact information accurate and up-to-date.
- User will not share their password (or in the case of developers, their secret key), let anyone else access their account, or do anything else that might jeopardize the security of their account.
- User will not transfer their account to anyone without first getting foreseegame’s written permission.
- If user selects a username or similar identifier for their account, foreseegame reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to the user's actual name).
YOU AGREE TO:
- Receive sms, newsletters, emailers and other promotional communications from FORESEEGAME to the registered e-mail address or mobile number.
- Provide true, accurate, current and complete information about yourself as prompted by FORESEEGAME registration form or provide by you as guest user (such information being the Registration Data”).
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate or incomplete or FORESEEGAME has the reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or not in accordance with the user agreement, FORESEEGAME has the right to indemnify, suspend, terminate or block access of your membership with the website or mobile App and refuse to provide you with access to that said website or mobile APP or both.
- If the user download or use our software, such as a stand-alone software product, an app, or a browser plugin, the user agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- The user will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless the user are expressly permitted to do so under an open source license, or we give the user express written permission.
3. ELECTRONIC COMMUNICATION:
When you use the Website or Mobile APP or send e-mails or other data, information or communication to FORESEEGAME, you agree and understand that you are communicating with www.foreseegame.com through electronic records and you consent to receive communication via electronic records from www.foreseegame.com periodically and as and when required. www.foreseegame.com will communicate with you by e-mail, phone or electronic records on the www.foreseegame.com website which will be deemed adequate service of notice / electronic record.
4. FEES AND SERVICE:
Membership on the website is free. FORESEEGAME does not charge any fee for browsing the website. However FORESEEGAME reserves the right to change its service fee and credit policies from time to time. In particular FORESEEGAME may at its sole discretion introduce new services and modify some or all the existing services offered on the website or mobile APP. In such event FORESEEGAME reserves the right to introduce fees for the new services offered or amend/ introduce fees for existing services, as the case may be. Changes to the fee and credit policy shall be posted on the website and such changes shall automatically become effective immediately after they are posted on the website. Unless or otherwise stated, all fees shall be quoted in Indian Rupees.
You are responsible for paying all fees associated with the use of website or Mobile APP or both and you agree to bear any or all applicable taxes, charges etc.
FORESEEGAME reserves the right to issue a warning, temporarily/ indefinitely suspend or terminate your membership of the website and refuse to provide you with access to the website in case of non-payment of fees by you to FORESEEGAME, and also reserves the right to take legal action in case of non-payment of fees by you to FORESEEGAME.
5. USE OF WEBSITE:
5.1. You understand and agree that foreseegame website and Mobile APP merely provide hosting service to its registered Users and person browsing / visiting the website. All items advertised/listed and the contents therein are advertised and listed by third parties. FORESEEGAME neither originates nor initiates the transmission, nor selects the sender and receiver of the transmission, nor selects nor modifies the information contained in the transmission. FORESEEGAME has no control over third-party contents.
5.2. You agree, undertake and confirm that your use of Website and Mobile APP shall be strictly governed by the following binding principles.
a. “YOUR INFORMATION” is defined as any information you provide to us or the other users of the website in the registration. You are solely responsible for your information, and we act only as a passive conduit for your online distribution and publication of your information.
You shall not host, display, upload, modify, publish, transmit, update or share any information or item that
- Belongs to another person and which you do not have right to
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing including but limited to “indecent representation of women” within the meaning of the Indecent representation of Women (prohibition) Act, 1986
- Is patently offensive to the online community such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual
- Harms minors in anyway
- Infringes any patent, Trademark, Copyright or other proprietary Rights or third parties trade secrets or rights of publicity or privacy
- Involves transmission of “Junk mail”, “chain letters” or unsolicited mass mailing or “spamming”
- Violates any law for the time being in force
- Deceives or misleads the addressee/users about the origin of such message or communicates any information which is grossly offensive or menacing in nature
- Uses or launches any automated system or process, including without limitation “spiders” or “crawlers” to access unauthorized content or non-public space
- Impersonates another person
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or contains any Trojan horse, worms, time bombs, bots, easter eggs, shell, spyware, malware or other computer programming routines that may damage, detrimentally interfere with, diminish value of surreptitiously intercept or expropriate any system, data or personal information
- You may not rent, lease, lend, sell, redistribute the mobile Apps, you may not copy, decompile, reverse engineer, disassemble, attempt to derive source code, modify, create derivative works of the mobile App, any attempt to breach this restriction, and you may be subjected to prosecution and damages
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation
- Shall not be false, inaccurate or misleading
- Shall not, directly or indirectly offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provision of any applicable law, rule, regulation or guideline for the time being in force
- Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations and international laws, statutes, ordinances and regulations regarding your use of service. You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the credentials of any item or services displayed on the website or mobile App or both.
d. It is possible that other user (including unauthorized or “hackers”) may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses. By using the website or Mobile APP, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website or mobile App or both.
6. PLATFORM FOR COMMUNICATION:
FORESEEGAME is not responsible for any non-performance or breach of any contract entered into between users (including registered user or guest user). FORESEEGAME shall not and is not required to mediate or resolve any dispute or disagreement between users.
7.1. YOUR CONSENT:
Cash prize for any item on the website can be made through the electronic methods, and in that case we need to know your Bank details, i.e. Account Number, Branch Code, IFSC No. etc. We have a monthly payment cycle. Every month the reward will be electronically transferred to all the appropriate winners to their mentioned Bank Account as per activation policy.
Without limiting other remedies, FORESEEGAME may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/ indefinitely suspend or terminate or block your membership and/or refuse to provide you with access to the website or mobile APP in the event, but not limited to,
- If FORESEEGAME is unable to verify or authenticate any information you provide
- If it is believed that your action may cause legal liability for you, other users or FORESEEGAME, FORESEEGAME may at any time at its sole discretion reinstate / suspend users. A user that has been suspended or blocked may not register or attempt to register with FORESEEGAME or use the website in any manner whatsoever until such time that such user is reinstated by FORESEEGAME. Notwithstanding the forgoing, if you breach the user agreement or the documents it incorporated by reference FORESEEGAME reserves the right to recover any amounts due and owing by you to FORESEEGAME and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
10. FULFILLMENTS AND SHIPPING:
FORESEEGAME from time to time may offer certain fulfillment service to the members; however the sponsors are responsible for the overall shipping quality, time it takes for delivery, and cost of shipping. In some cases FORESEEGAME may provide pickup, storage and delivery services but all these services are provided as contract or outsourced services on behalf of sponsored. At no time, FORESEEGAME takes tittle or ownership and responsibility of any product.
If, FORESEEGAME has suspicion or knowledge that any of its members is involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then FORESEEGAME may, while reserving its rights to initiate civil and/or criminal proceeding against members, also at its sole discretion to suspend, block, restrict, cancel the User ID of registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection.
11.1. FORESEEGAME reserves its right to initiate civil and/or criminal proceedings against a user who files invalid and/or false claims or provide false, incomplete or misleading information. In addition to the legal proceedings as aforesaid, FORESEEGAME at its sole discretion may suspend, block, restrict, cancel, the user ID (and its related user ids) of such user and/or disqualify that member and any related members from availing protection.
11.2. Any person, who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
You shall indemnify and hold harmless www.foreseegame.com (as applicable), FORESEEGAME’s parent, subsidiaries, affiliates, third parties and their respective officers, directors, agents, and employees from any claim or demand or actions including reasonable attorney fees made by third party or penalty imposed due to or arising out of your breach of the user agreement, FORESEEGAME's Terms & Conditions, rules and policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
The user is solely responsible for any damage to the user’s computer system or loss of data that results from downloading any material from this Website. The user expressly acknowledge and agree that FORESEEGAME, its licensors, suppliers and business partners are not responsible in any way and in any manner whatsoever for the results of users decisions resulting from the use of this website or the information contained herein.
None of the provisions of the user agreement shall be deemed to constitute a partnership or agency between you and FORESEEGAME and you shall have no authority to bind FORESEEGAME in any manner whatsoever. This Agreement shall be treated as and between Principal to Principal.
Except as explicit stated otherwise, any notice shall be given by postal mail on behalf of FORESEEGAME to Innovation Tower, Brandbuddy Engage Analytics Pvt. Ltd., Premises No. 16-315, Plot No. DH 6/32, Action area 1 D, Newtown, Rajarhat, Kolkata-700156 or to the email address you provide to us during the registration process (in your case), notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the email address is invalid. Alternately, we may give you notice by certified email, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.
If any clause of this user agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this user agreement.
This agreement sets forth the entire understanding and agreement between you and FORESEEGAME with respect to the subject matter hereof.
It is FORESEEGAME’s sole discretion that it may transfer its rights and obligations (also known as “assign”) under this agreement without your prior express consent, provided that FORESEEGAME assigns the agreement on the same term or terms that are no less advantageous to you.
Unless FORESEEGAME makes a change for legal or administrative reasons, or to correct an inaccurate statement, FORESEEGAME will provide the user with seven (5) day Notice (for example, by posting the change on the FORESEEGAME and an opportunity to comment on changes to this Statement. User continued use of FORESEEGAME following changes to our terms constitutes the user’s acceptance of our amended terms.
If the user violates the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for FORESEEGAME, we can stop providing all or part of FORESEEGAME to the user. FORESEEGAME will notify the user by email or at the next time he/she attempts to access their account. The user may also delete their account or disable their application at any time.
16. Mobile and Other Devices
The User agrees that in the event of change or deactivation of his/her mobile telephone number, he/she will update his/her account information on FORESEEGAME within 48 hours to ensure that his/her messages are not sent to the person who acquires his/her old number. The user provides consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on FORESEEGAME. The User shall be liable to indemnify the FORESEEGAME in the event of breach of this covenant.
17. DISPUTE RESOLUTION
- Generally, all the processes are conducted smoothly on FORESEEGAME; however there may be some cases where members may face issues. At FORESEEGAME, we have a dispute resolution process in order to resolve disputes. It is important that before arising any issue, members should attempt to solve the issue. Whenever there is an issue, the members can write to firstname.lastname@example.org in order to raise a dispute. Disputes can be raised anytime in connection with valid incident.
- The user expressly agrees that exclusive jurisdiction for any dispute with FORESEEGAME, or in any way relating to use of the Site, resides in the courts of India. The user further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Kolkata, India in connection with any such dispute including any claim involving FORESEEGAME or its affiliates, subsidiaries, employees, contractors, officers, direc-tors, telecommunication providers, and content providers.
- These Terms and Conditions are governed by the internal substantive Indian laws of the land, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions at any one point of time shall be deemed as a further or continuing waiver of such term or condition or any other term or condition on a subsequent occasion.
- These Terms and Conditions constitute the entire agreement between the parties and super-sede all other agreements relating to this subject matter, and set out the complete legal relationship between FORESEEGAME and the user arising from or connected with this subject matter. For the voidance of doubt, in the case of any conflict between these Terms and Conditions, and any other agreement, these Terms and Conditions will prevail over all or any of them.
17.1. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the grievance officer is published herewith.
NAME: Pratap Singh
CONTACT INFORMATION: 03322829330
Any complaint or concern with regards to content and/or comment or breach of these terms shall be taken up with the above mentioned grievance officer.
If any dispute arises between you and FORESEEGAME during your use of website or mobile App or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the user agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by FORESEEGAME. The place of arbitration shall be at Kolkata. The Arbitration & Conciliation Act. 1996, shall govern the arbitration proceedings. The arbitration proceeding shall be in English language.
19. INTELLECTUAL PROPERTY
Foreseegame brands, foreseegame data, images, screen, webpage, mobile application, foreseegame logo, service marks and other graphics used in connection with website or mobile App or other materials (collectively hereinafter referred to as “foresee marks”) appearing on the website and mobile apps are the exclusive property of FORESEEGAME. The “foresee marks” or any other third party mark may not be copied, imitated, or used in whole or in part, without the prior written permission of FORESEEGAME authority. The contents are protected by copyright, Trademark, Patent, Trade secret and other proprietary rights, any infringement of aforesaid, as the case may be; FORESEEGAME has the complete authority to entertain and/or sought civil and criminal reliefs.
20. GOVERNING LAW
The user agreement or the documents they incorporate by reference shall be governed and constructed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
The User have read, acquainted himself and understood the above mentioned terms and conditions and that by using the www.foreseegame.com and Foreseegames APP services, he/she agrees to the Terms and Conditions set forth above.