INDIA’S FIRST ONLINE COMPETITION PLATFORM

TERMS AND CONDITIONS

1. About Talent Battle

Talent Battle Talent Battle is the brand of Talent Battle Private Limited ("Talent Battle"). Through Talent Battle, along with the Talent Battle App, Talent Battle operates various portals through which it online contests, quizzes, offers mock tests and online courses. Talent Battle as used herein shall be construed as a collective reference to Talent Battle website and Talent Battle app

2. Usage of Talent Battle

  • Any person ("User") accessing Talent Battle or the Talent Battle App ('Talent Battle platform') for participating in the various contests and games (including live battles, and random battles), available on Talent Battle platform ("Contest(s)") ('Talent Battle Services') shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Talent Battle in relation to any Talent Battle Services.
  • Talent Battle shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Talent Battle in relation to any Talent Battle Services, at any time, by posting the same on Talent Battle. Use of Talent Battle constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Talent Battle in relation to any Talent Battle Services, as may be amended from time to time. Talent Battle may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Talent Battle, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Talent Battle. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Talent Battle.
  • Certain Talent Battle Services being provided on Talent Battle may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
  • Talent Battle may, at its sole and absolute discretion:

Restrict, suspend, or terminate any User's access to all or any part of Talent Battle or Talent Battle Platform Services; Change, suspend, or discontinue all or any part of the Talent Battle Platform Services; Reject, move, or remove any material that may be submitted by a User; Move or remove any content that is available on Talent Battle Platform; Deactivate or delete a User's account and all related information and files on the account; Establish general practices and limits concerning use of Talent Battle Platform; Assign its rights and liabilities to all User accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email ids)

  • In the event any User breaches, or Talent Battle reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Talent Battle or the Talent Battle Services, Talent Battle may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of Talent Battle Contests or the Talent Battle Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Talent Battle and further, take technical and legal steps as it deems necessary.
  • If Talent Battle charges its Users a platform fee in respect of any Talent Battle Services, Talent Battle shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Talent Battle Services on account of any negligence or deficiency on the part of Talent Battle, but not if such suspension or removal is effected due to:
    • any breach or inadequate performance by the User of any of these Terms and Conditions; or
    • any circumstances beyond the reasonable control of Talent Battle.
  • Users consent to receiving communications such as announcements, administrative messages and advertisements from Talent Battle or any of its partners, licensors or associates.

3. Intellectual Property

  • Talent Battle includes a combination of content created by Talent Battle, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Talent Battle App and the Talent Battle Platform and material published on Talent Battle, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Talent Battle, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Talent Battle either in whole or in part without express written license from Talent Battle.
  • Users may request permission to use any Talent Battle content by writing in to Talent Battle Helpdesk.
  • Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Talent Battle ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Talent Battle. Users agree to indemnify and hold harmless Talent Battle, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Talent Battle, by such User or through the User's commissions or omissions.
  • Users hereby grant to Talent Battle and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:
    • displaying Users' Content on Talent Battle
    • distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
    • storing Users' Content in a remote database accessible by end users, for a charge.
    • This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
  • All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Talent Battle(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Talent Battle.

4. User Conduct

  • Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Talent Battle Website and Mobile App. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Talent Battle may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
    • restricting, suspending, or terminating any User's access to all or any part of Talent Battle Services;
    • deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Talent Battle subject to a processing fee (if any) applicable on such transfers as set out herein; or
    • refraining from awarding any prize(s) to such User.
  • Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Talent Battle). Users further agree to update and keep updated their registration information.
  • A User shall not register or operate more than one User account with Talent Battle.
  • Users agree to ensure that they can receive all communication from Talent Battle by marking e-mails or sending SMSs from Talent Battle as part of their "safe senders" list. Talent Battle shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
  • Any password issued by Talent Battle to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Talent Battle of any unauthorized use of their passwords or accounts or any other breach of security.
  • Users agree to exit/log-out of their accounts at the end of each session. Talent Battle shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
  • Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Talent Battle Services and/or Talent Battle experience or assist in such activity.
  • Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Talent Battle or Talent Battle Services.
  • Users agree that without Talent Battle's express written consent, they shall not modify or cause to be modified any files or software that are part of Talent Battle's Services.
  • Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Talent Battle or the Talent Battle Services (each a "Server"); or (2) the enjoyment of Talent Battle Services by any other User or person.
  • Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Talent Battle Services or any other person's use or enjoyment of Talent Battle Services.
  • Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to Talent Battle Services by any means other than the User interface provided by Talent Battle, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Talent Battle Services.
  • Without limiting the foregoing, Users agree not to use Talent Battle for any of the following:
    • To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
    • To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
    • To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
    • To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Talent Battle, any software, hardware, or telecommunications equipment;
    • To advertise, offer or sell any goods or services for any commercial purpose on Talent Battle without the express written consent of Talent Battle;
    • To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
    • To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
    • To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
    • To restrict or inhibit any other user from using and enjoying any public area within our sites;
    • To collect or store personal information about other Users;
    • To interfere with or disrupt Talent Battle, servers, or networks;
    • To impersonate any person or entity, including, but not limited to, a representative of Talent Battle, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
    • To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Talent Battle or to manipulate User's presence on Talent Battle(s);
    • To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
    • To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
  • If a User chooses a username that, in Talent Battle's considered opinion is obscene, indecent, abusive or that might subject Talent Battle to public disparagement or scorn, Talent Battle reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from Talent Battle, deny such User access to Talent Battle, or any combination of these options.
  • Unauthorized access to Talent Battle is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Talent Battle by any means other than through the interface that is provided by Talent Battle for use in accessing Talent Battle. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
  • Use of Talent Battle is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Talent Battle's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Talent Battle.
  • Users may reach out to Talent Battle through email at contact@talentbattle.in
  • The Users will have to disclose their real age at the time of getting access into the Talent Battle Platform.
  • Talent Battle may not be held responsible for any content contributed by Users on the Talent Battle.

5. Legality of Game of Skill

  • Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
  • The Contest (s) described above (across the Talent Battle Services) are games of skill as success of Participants depends primarily on their superior knowledge of Basic Aptitude and General Knowledge, Mathematics, English and attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to study about a particular subject or topic and also skip unknown questions to gain the maximum points.

By participating in this Contest(s) by Talent Battle, each Participant acknowledges and agrees that he/she is participating in a game of skill.

6. Registration

  • In order to register for the App, any of its quizzes or Contest(s), Users/Participants are required to accurately provide the following information:
    • Full Name
    • E-mail address
    • Password
    • Mobile Number
    • State of Residence
    • Gender
    • Date of birth
    • College Name(if applicable)

 

  • Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
  • In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha,Telangana,Nagaland or Sikkim, such Participant will not be permitted to proceed to sign up for any round in the paid version of the Contest as described below.

 

7. Contest(s) Formats, Participation and Prizes

  • As part of its services, Talent Battle may make available the contest(s) on the Talent Battle app and website. 
  • Currently, following types of battles/quizzes/contests are made available on Talent Battle platform :
    • Practice Mode, Challenge Friends and Earn, Random Battle, Live Battle.  Practice Mode is Free for users to join and earn coins by completing achievements. The coins given to user for each achivement completiton are different and decided soley by Talent Battle. Users can challenge their friends in any knowledge based category by entering the contest with an entry fee in the form of coins and top 20% winners will be getting the prizes in the form of coins. Users can also join any random battle created by other users on the platform by entering the contest by paying an entry fee in the form of entry coins . Users can also join Live Battles Organized by Talent Battle by paying an entry fee in the form of coins. Number of Prizes and Amount in the form of coins will be decided by Talent Battle and can be changed as and when needed. The coins won by users by any of the above types of battles can be redeemed by users into real currency. Talent Battle reserves the right to fix value of one coin and change its value as and when required. Talent Battle also reserves a right to decide and change the minimum and maximum number of coins which can be redeemed and decide the minimum coin balance which must be maintained by User.
  • Users can create a private battle to challenge their friends. While creating Private Battle they need to share the battle code generated with the people they want to play the battle. Talent Battle will not responsible for the security of the code and not responsible for any unwanted user joining a private battle.
  • Users who register for Live battle have to be present on the battle page atleast 30 seconds before the start of battle. Inability to do so will lead to loss of coins and no refund will be given for inability to participate in any live battle.
    • Talent Battle shall not be liable to any person for the inability of any Invited User to participate in any Private contest  or Live Battle due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).
  • In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha,Telangana,Nagaland or Sikkim, such Participant will not be permitted to proceed to sign up for the round or contest and may not participate in any paid version of the Contest(s).

8. Eligibility

  • The Contest(s) are open only to persons above the age of 18 years.
  • The Contest(s) are open only to persons, currently residing in India.
  • Talent Battle may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha,Telangana,Nagaland or Sikkim may not participate in the paid version of the Contest as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter.
  • Persons who wish to participate must have a valid email address.
  • Only those Participants who have successfully registered on the Talent Battle as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.

9. Payment Terms

  • In respect of any transactions entered into on the Talent Battle platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
    • The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the Talent Battle Services charged by Talent Battle and pre-determined participant’s contribution towards prize money pool ( Coin Bucket)
    • Talent Battle holds the users money only in the form of Talent Battle Coins.
    • The User may participate in a Random Battle wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool (Coin Bucket) of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. The Winners in a Random Battle are the top 20% people in the contest in which the Coin Bucket will be distributed equally. Rounding off if required will be done by Talent Battle.
    • User's winnings in any Contest will reflect as credits to the User's Coin Transactions.
    • User’s redeeming the coins shall be transferred in the form of money to any payment wallet or bank account
    • Users agree that once they confirm a transaction on Talent Battle, they shall be bound by and make payment for that transaction.
    • The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Talent Battle has on third parties, any transactions on Talent Battle Platform may take up to 48 hours to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 48 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the bonus points or money debited from 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against Talent Battle in respect of any delay, including any lost opportunity to join any Contest or round due to delay in crediting of transaction amount into any of the User's accounts
      A transaction, once confirmed, is final and no cancellation is permissible. ?Talent Battle may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.

10. Tabulation of Coin Transactions

Users can check their coins transactions like coins won, coins added, coins deducted or lost in the coins transaction option on the mobile application.  In the rare event that any error in the computation or tabulation of coins, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider comes to its attention, Talent Battle shall use best efforts to rectify such error prior to the distribution of prizes. However, Talent Battle hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of coins or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against Talent Battle in this respect.

11. Breach

  • Talent Battle reserves the right at all times to remove or refuse to include, distribute and/or display any Content on the Services, to suspend or terminate Users, and to reclaim usernames and/or any channel name without any liability. Talent Battle also reserves the right to access, read, preserve, and disclose any information as it reasonably believed is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, or to protect its rights, property or safety, its Users and third parties.

 

  • Users shall not do any of the following while accessing or using the Services: access, tamper with, or use non-public areas of the Services, Talent Battle’s computer systems, or the technical delivery systems of Talent Battle’s providers; probe, scan, crack, track and/or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces provided and only pursuant to these Terms, forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. Users shall provide accurate and up to date information when creating their accounts and/or using the Services. Accounts are limited at one per User. The sell or transfer of any account or part of it, Content, items and/or any part of the Services is strictly prohibited.

 

  • Talent Battle reserves the right to suspend or terminate any access to the Services, including by terminating or deleting any accounts and any Content related without any notice or communication, if there is a reasonably belief that such User is in breach of these Terms. In the event of any breach, Users who caused shall compensate Talent Battle for all losses, harm, claims and expenses that may arise.

12. Disclaimers

  • All right, title, and interest in and to the Services, according to the provisions set on these Terms, are and will remain the exclusive property of Talent Battle and its licensors. Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the Talent Battle name or any of the Talent Battle trademarks, logos, domain names, properties and other distinctive brand features.

 

  • These Terms will continue to apply until terminated by either Users or Talent Battle as follows:

 

  • Users may end this legal agreement with Talent Battle at any time for any reason, by discontinuing the use of the Services and contacting contact@talentbattle.in to delete their account, provided that they will still be responsible for all the conditions set in this Term for the time they used the Services. Accounts may be deactivated and/or deleted due to prolonged inactivity;
  • Talent Battle may suspend or terminate Users accounts or cease providing with all or part of the Services at any time for any reason, including, but not limited to, if there is a reasonably belief that such Users have violated these Terms or created a risk or possible legal exposure; or if at its own discretion the provision of the Services is no longer commercially and or technically viable.

 

  • Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

 

  • The access to and use of the Services or any Content are at Users’ own risk. Users understand and agree that the Services are provided on an "as is" and "as available" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Talent Battle disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non-infringement.

 

  • Talent Battle makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to Users’ computer system or mobile device operating system, loss of data, or other harm that results from access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet Users requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Talent Battle or through the Services, will create any warranty not expressly made herein.

 

  • Talent Battle will not responsible for any case of mental depression, suicide, or any self-harming act made by users due loss in any quiz/battle/contest.

 

  • The Services may contain links to third-party websites or resources. Users acknowledge and agree that Talent Battle is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Talent Battle of such websites or resources or the content, products, or services available from such websites or resources. Users acknowledge sole responsibility for and assume all risk arising from its use of any such websites or resources.

 

  • To the maximum extent permitted by applicable law, Talent Battle shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly or any loss of data, use, good-will, or other intangible losses, resulting from (i) the access to, use of, or inability to access to or use the services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Content; or (v) any natural calamities.

 

  • In no event shall the aggregate liability of Talent Battle exceed the total amount that such User has paid to Talent Battle in the six month period ending on the date of the claim, to a maximum of One Thousand Indian Rupees (INR 1000). The limitations shall apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Talent Battle has been informed the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

 

  • The failure of Talent Battle to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

  • These terms shall be governed by and construed in accordance with the laws of Nagaland Government as well as Republic of India. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the relevant courts located in the city of Kolhapur. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 

  • Talent Battle is a skill based Quiz games i.e. skill game which is clearly defined in the recently passed by an Act of Government of Nagaland under The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2015 (Act No.3 of 2016) and The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Rules, 2016 in which Skill Game and allow to run/operate of this type of skill games.

 

  • As per Section 2(3) of The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, the definition of “Games of Skill” is reproduced as under,

 

  • “Games of Skill” shall include all such games where there is preponderance of skill over chance, including where the skill relates to strategizing the manner of placing wagers or placing bets or where the skill lies in team selection or selection of virtual stocks based on analyses or where skill relates to the manner in which the moves are made, whether through deployment of physical or mental skill or acumen”.

 

  • Explanation: For the purpose of this Act-

 

  • All Games provided in Schedule A of this Act shall fall under the category of “Games of Skill”,

 

  • ‘Games’ which have been declared or determined to be ‘games of skill’ by India or International courts or other statutes, or games where there are domestic and international competitions and tournaments, or games which can be determined to be ‘games of skill’ shall further be entitled to be included in Schedule A,

 

  • Games of skill may be (a) Card based and (b) action/virtual sports /adventure/ mystery and (c) calculation/Strategy/quiz based.”

 

  • Supreme Court of India in the case of Dr. K.R. Lakshmanan vs. State of Tamil Nadu And Anr on 12 January, 1996 (1996) AIR 1153, 1996 SCC(2) 226 wherein the word Games of Skill has clearly been stated which is reproduced as under,

 

  • “A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated is one in which success depends principally upon the superior knowledge, training attention, experience and adroitness of the player. Golf, chess and even Rummy are considered to be games of skill. The Courts have reasoned that there are few games, if any, which consists purely of chance or skill, and as such games of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is dominant element – “skill” or “chance” – which determines the character of the game”.

 

 

  • Talent Battle Skill Games may be run all over India except the State of Assam, Odisha, Telangana and/or any other State which has banned/prohibited or to be prohibited to run/operate of Talent Battle Skill Games. In spite of this, any User run and/or operate the Talent Battle Skill Games, he will be solely responsible for the same.

 

  • Talent Battle skill based Quiz games is not Gambling, Gaming and Lotteries.

 

  • These Terms, which include the Privacy Policy, are the entire and exclusive agreement between Talent Battle and Users regarding the Services, excluding any services for which Users may have a separate agreement explicitly in addition or in place of these Terms, and these Terms supersede and replace any prior agreements between Talent Battle and Users regarding the Services.

 

  • Talent Battle may revise these Terms from time to time, the most current version will always be on the mobile application. Talent Battle reserves the right, but not the obligation, in its sole discretion, to notify any modification via e-mail to the email associated with Users account. However, by merely continuing to access or use the Services after those revisions become effective, Users agree to be bound by the revised Terms.

 

13. Tax & TDS Policy

  • Any tax/levies/duty etc., as applicable, shall be paid by the user of the game of Talent Battle Games.
  • There is no TDS deducted as the winning amounts are up to or less than Rs.10,000/- on Talent Battle Battle/Games/Contest/Quiz.

 

  • TDS is deducted on winning amounts above Rs.10,000/- on Talent Battle Games/Quiz before releasing the winnings prize/product/amount and/or in whatever name called.
  • Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 30% TDS should be deducted on any wining above Rs.10,000/- in a single game.

 

  • Your prize can only be redeemable after TDS deduction , if winning product is above 10,000/- . TDS amount is to be paid to Talent Battle Games as provided by Section 194B read with Section 115BB of the Income Tax Act, 1961.

 

  • The User will have to provide his valid PAN card copy so that Talent Battle Games can file TDS deducted accordingly.

 

14. Questions Integrity

  • 11.1. Talent Battle attempts to keep the database of questions up to date and check that answers registered in the system as the "right" answers are correct. However, if there are questions that have answers that are incorrect according to some sources, then Talent Battle does not hold any responsibility for the outcome of the Challenge.
     

These Terms and Conditions were last updated on 25th October 2018