Terms of Use
LAST UPDATED: 25 June 2024
1. INTRODUCTION
Gaming Technologies LLC, trading as Goliath Group Limited (hereinafter referred to as “Goliath,” “we,” “us,” or “our”), offers a skill-based online game through the Goliath101 mobile application (collectively referred to as the “App” or “Platform”). Any person utilizing the Platform or any of its features, including participation in the games (“Over Game(s)” or Game(s)) conducted on the Platform, is referred to as a “User,” “you,” or “your” and shall be bound by these Terms of Service and our Privacy Policy. The services provided on our Platform are collectively referred to as the “Services.” Over Predictions Games 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 Games require You to use Your knowledge, judgement and expertise to primarily determine Your success in such Contests rather than relying on chance. Your use of the products and/or services on the Platform (hereinafter referred to as “Services”) currently offered or to be offered in future by Goliath Group Limited, its subsidiaries, affiliates, licensors, associates and partners (hereinafter referred as “Goliath”) through the Platform [(which comprises of http://www.goliath100.com (referred as “Website”) and Goliath101 app (referred as “App”)], are all subject to and governed by these Terms of Service, Privacy Policy, Help & Support, Promotions, Add To Wallet, and My Account sections collective or respectively for each Website and App including the sub-sections of these sections, as the case may be (hereinafter referred as “Terms”). You understand that the Terms will be binding on you. You agree that Services offered on the Platform can be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by Goliath. If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi – judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches. If a promotion, game, event, competition or tournament is organized by us on a Platform, it shall be governed by these Terms and any supplementary terms and conditions which may be specifically applied for that promotion, game, event, competition or tournament (hereinafter collectively referred as “Terms” or “Terms of Service”).
2. Eligibility
You may only use the Services to play Over Games (as defined below) if you meet the following eligibility criteria:
- You must be above the age of 18 years.
- You must be residing in India.
- Telangana
- Andhra Pradesh
- Assam
- Nagaland
- Sikki
3. Game Services
All Over Games organized on the Platform are collectively referred to as “Game” or “Games”. We offer a simple prediction game that operates in real-time with live cricket matches. An Over Fee (“Entrance Fee” or “Over Fee” or “Fee”) is charged for participation, which may be adjusted at any time at our sole discretion. The Over Fee is required to be paid prior to the submission of predictions and is non-refundable once confirmed and submitted.
4. Game rules and regulations
HOW TO PLAY GOLIATH101
- Select a live match
- Choose an upcoming over
- Answer 8 questions about the potential over outcomes (Y/N)
AFTER THE MATCH ENDS
- You will be notified when the results of your predicted over are ready to view.
- Go to the ‘My Predictions’ tab of the Goliath101 app.
- Tap on the match you predicted to view your results and claim your winnings if you get 5 or more correct.
AFTER THE MATCH ENDS
1. Definitions
- “Prize Pool” refers to the total sum of money or rewards available to be distributed among the eligible participants.
- “Participant” refers to any individual who enters the prediction contest and complies with the terms and conditions herein.
- “Correct Prediction” refers to a participant accurately forecasting the outcome of a specified events.
2. Prize Pool Allocation
- Participants who accurately predict 5 out of 8 outcomes shall collectively receive ten percent (10%) of the total prize pool allocated for the event.
- Participants who accurately predict 6 out of 8 outcomes shall collectively receive fifteen percent (15%) of the total prize pool allocated for the event.
- Participants who accurately predict 7 out of 8 outcomes shall collectively receive twenty-five percent (25%) of the total prize pool allocated for the event.
- Participants who accurately predict 8 out of 8 outcomes shall collectively receive fifty percent (50%) of the total prize pool allocated for the event.
3. Distribution Mechanics
- The portion of the prize pool allocated to each category of correct predictions will be distributed equally among all participants within that category.
- In the event that no participant accurately predicts a specified number of outcomes, the corresponding portion of the prize pool will be reallocated proportionally to the other categories based on their existing percentage distributions.
- Any disputes regarding the distribution of the prize pool will be resolved by Goliath, whose decision shall be final and binding.
4. Eligibility and Verification
- Only participants who comply with the official rules and regulations of the prediction contest are eligible for prize pool distribution.
- Goliath reserves the right to verify the accuracy and authenticity of the predictions made by participants before distributing any portion of the prize pool.
- Any participant found to have engaged in fraudulent or unethical behavior will be disqualified from receiving any portion of the prize pool.
5. Notification and Claiming Prizes
- Participants entitled to receive a portion of the prize pool will be notified through the contact information provided at the time of entry.
- Prizes must be claimed within the period specified in the notification. Failure to claim within the specified period will result in forfeiture of the prize.
6. Amendments and Modifications
- Goliath reserves the right to amend, modify, or terminate the prize pool distribution terms and conditions at any time without prior notice.
- Any such amendments or modifications will be communicated to the participants through official channels.
5. User Representations
Any information provided by you to us, whether at the stage of registration or during anytime subsequently, should be complete and truthful. Prior to adding cash to your user account or participating in Games, you shall be responsible to satisfy yourself about the legality of playing Over Games in the jurisdiction from where you are accessing Over Games. If you are not legally competent to individually enter into Indian Rupee transactions through banking channels in India and/or are not accessing any Platform from a permitted jurisdiction, you are prohibited from participating in Over Games on the Platform. In the event of such violation, your participation in Over Games will be deemed to be in breach of the Terms and you will not be entitled to receive any prize that you might win in such Over Games. You represent that you are 18 years of age or older to participate in any Games and are also otherwise competent to enter into transactions with other users and us. You are aware that participation in the Games organized by us (“Activity”) may result in financial loss to you. With full knowledge of the facts and circumstances surrounding this Activity, you are voluntarily participating in the Activity and assume all responsibility for and risk resulting from your participation, including all risk of financial loss. You agree to indemnify and hold us, our employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity. You represent that you have the experience and the requisite skills required to participate in the Activity and that you are not aware of any physical or mental condition that would impair your capability to fully participate in the Activity. You further acknowledge that you are solely responsible for any consequence resulting from you participating in this Activity or being associated with this Activity or around this Activity. You understand that we assume no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity. You understand and accept that your participation in a Game available on the Platform does not create any obligation on us to give you a prize. Your winning of a prize is entirely dependent on your skill as a player vis-a-vis other players in the Game is subject to the Terms and the rules of the Game. You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Platform by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Website, you agree to grant us a royalty-free, world-wide, non- exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that we have the right to use in any manner whatsoever, all communication or feedback provided by you. You understand and accept that we reserve the right to record any and all user content produced by way of but not limited to chat messages on the Platform through our feature, through the in-game chat facility or other interactive features, if any, offered as part of the Services. You understand that the funds in your user account held by us do not carry any interest or return. You shall not hold us responsible for not being able to play any Game for which you may be eligible to participate. This includes but is not limited to situations where you are unable to log into your user account or make some or all transactions as your user account may be pending validation or you may be suspected or are in established violation of any of the Terms. You understand and accept that by viewing or using the Platform or availing of any Services, or using communication features on the Platform, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you. We are in compliance with FATF guidelines and therefore you are also required to comply with the FATF guidelines. By using our Platform, you undertake to comply with the FATF guidelines. You represent that you are not a politically exposed person. You represent that you have not been convicted for any crime. You represent that you are not on the UN Sanctions List or work for a company/entity that is on the UN Sanctions list.
6. User Account Creation & Operation
To use our Services, you will need to register with us on the Platform. By completing the online registration process on the Platform, you confirm your acceptance of the Terms. By registering on our Platform, you agree to receive all communication from us including promotional messages relating to Golaith through SMS, voice call, Email and Push Notifications. You may withdraw your consent by sending an email to info@goliath100.com. During the registration process, you will be required to enter your email and a password in addition to providing some other information which may not be mandatory. Additionally, you may be required to give further personal information for your user account verification and/or for adding cash to your user account. You must give us the correct details in all fields requiring your personal information, including, without limitation, your name, postal address, email address, telephone number(s) etc. You undertake that you will update this information and keep it current. You acknowledge that we may, at any time, required to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the Website. Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. You understand that it is your responsibility to protect the information you provide on the Platform including but not limited to your Email address, Password, Contact Details and Mobile number. We will not ask for your user account login password which is only to be entered at the time of login. At no other time should you provide your user account information to any user logged in on the Platform or elsewhere. You undertake that you will not allow / login and then allow, any other person to play from your user account using your username. You specifically understand and agree that we will not incur any liability for information provided by you to anyone which may result in your user account on the Websites being exposed or misused by any other person. You agree to use your user account with us, solely for the purpose of playing Games on the Platform and for transactions which you may have to carry out in connection with availing the Services thereon. Use or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonus or balance in the user account.
You also understand and agree that deposits in your user account maintained with us are purely for the purpose of participation in Over Games made available on the Platform. You understand and agree that you cannot transfer any sum from your user account with us to the account of another registered user on the Platform except as may be permitted by us and subject to restrictions and conditions as may be prescribed by us in this regard.
7. User restrictions
ANTI-CHEATING AND ANTI-COLLUSION
You undertake that you yourself will play in all Games in which you have registered/joined and not use any form of external assistance to play. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Platform or use any third-party software that intercepts, mines or otherwise collects information from or through the Platform or through any Services. Any attempt to employ any such external assistance is strictly prohibited. Formation of teams for the purpose of collusion between you and any other user(s) for participating in Games organized on the Platform or any other form of cheating is strictly prohibited. When collusion or cheating is detected on the Platform, we shall settle the Game and may take further appropriate action against offending users in terms hereof including banning access to the Platform and any or all Services. However, we reserve the right to follow an alternative reasonable mechanism as may not be covered in the respective policy and you agree that you shall be undisputedly abide to such decision of Goliath.MONEY LAUNDERING
You are prohibited from doing any activity on the Platform that may be construed as money laundering, including, without limitation, attempting to withdraw cash from unutilized cash added through credit cards or deliberately losing money to a certain player(s).ANTI-SPAMMING
Sending spam emails or any other form of unsolicited communication for obtaining registrations on the Platform to benefit from any of our promotional program or for any other purpose is strictly prohibited.MULTIPLE ACCOUNTS
Your registration on the Platform is restricted to a single user account which will be used by you to avail the Services provided on the Platform. You are prohibited from creating or using multiple user IDs for registering on the Platform. You may not create a login name or password or upload, distribute, transmit, publish or post content through or on the Platform or through any service or facility including any messaging facility provided by the Platform which :- is libelous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;
- contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
- is otherwise objectionable or undesirable (whether or not unlawful);
- would constitute incitement to commit a criminal offence;
- violates the rights of any person;
- is aimed at soliciting donations or other form of help;
- violates the intellectual property of any person;
- disparage in any manner Goliath or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
- promotes a competing service or product; or violates any laws
8. Payments and Player WALLETS
All transactions on the Platform shall be in Indian Rupees. Once you register on our Platform, we maintain a user account for you to keep a record of all your transactions with us. Payments connected with participation in Over Games have to be made through your Goliath user account. All cash prizes won by you are credited by us into this user account. When making a payment, please ensure that the instrument used to make the payment is your own and/or you are legally authorized to use such instrument which is used to Add to Wallet into your user account only. Your updated balance, including eligible discounts from time to time, shall be duly reflected in Player Funds. Subject to the Add to Wallet limits specified by us from time to time, you are permitted to deposit as much money as you want in your user account for the purpose of participating in Over Games on the Platform. Goliath wants you to play responsibly on the Platform. The ability to Add to Wallet in your user account shall be subject to monthly Add to Wallet limits which we can be set by us with undertakings, indemnity, waiver and verification conditions as we deem appropriate in our sole discretion. Credit card, Debit card, prepaid cash cards and internet banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. We are not responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility, liability or risk at our end. If there are any issues in connection with adding cash, a complaint may be sent to us following the complaints procedure provided in “Complaints and disputes” section below. You agree that in such an event of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized, the funds are credited to your user account and are available for you to play Over Games. 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 amount deposited by You.
- the amount deposited by You will be used only for participation in the Paid Contest.
- 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 non-interest earning bank account(s) which will be used for 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)
9. WITHDRAWALS
You will be prompted to provide certain documents for processing your payments and verification purposes at the time of your first withdrawal. The name mentioned on the identification document as provided by You at the time of withdrawal should correspond with the name provided by You at the time of Account creation. We will process your withdrawal after verifying your bank account details and/ or UPI ID (as applicable). Upon verification, we will debit the amount from your Winning Account and transfer it online to your bank account at the earliest. We may charge any processing fee for the online transfer of funds from your Winning Account to Your bank account We depend on banks and third parties to process transactions on Our Platform. Thus, we may take up to 24 hours to process any payments to Your bank account. You agree not to hold Us responsible or liable for any delay in processing any payments. A transaction, once confirmed, is final, and no cancellation is permissible.
10. INTELLECTUAL PROPERTY
All Content on the Platform shall be utilized only for the purpose of availing Services in conformity with the Terms. You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by Goliath or our licensors and that you have no right title or other interest in any such items except as expressly stated in the Terms. You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and using the Services and for no other purpose whatsoever. You shall not sublicense, assign or transfer the license granted to you, or rent or lease or part with the whole or any part of such license or of the Content included in such license. You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Websites in any manner other than as permitted for obtaining the Services provided on the Platform. You may not hyperlink the Platform to any other website without permission from us. You may access information on download and print extracts from the Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purpose unless agreed with us in writing.
11. VOLUNTARY TERMINATION
You are free to discontinue use of the Services on any Website at any time by intimating us of your desire to do so by sending an email to us at info@goliath100.com the case may be. If at such time, there is a positive withdrawable cash balance in your user account, we will, subject to satisfactory verification, disburse the same to you by online transfer or by a cheque in a timely manner.
12. USER ACCOUNT SUSPENSION
We may suspend or otherwise put restrictions on your access to the Services on the Platform during investigation for any of the following reasons:
- Suspected violation of Terms or other abuse of your user account;
- Suspected breach of security of your user account; or
- If there have been charge-backs on your user account.
13. BREACH OF TERMS
In the event of breach of any of the Terms being evidenced from our investigation or if there is reasonable belief, in our sole discretion, that your continued access to the Platform or any Website is detrimental to the interests of Goliath, our other users or the general public; we may in our sole discretion take any or all of the following actions:
- Restrict games between users suspected of colluding or cheating;
- Permanently suspend your user account on the Platform;
- Forfeit the cash balance in your user account;
- 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.
14. COMPLAINTS AND DISPUTES
If you have a complaint or concern, you should in the first instance contact the customer support team at info@goliath100.com as the case may be or write to us following the procedure given in the respective Contact Us section on the respective Platform. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint. You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party. Goliath shall make efforts to resolve complaints within reasonable time. Our decision on complaints shall be final and binding on you.
15. Limitation of liability
In addition to specific references to limitation of liability of Goliath elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort), Goliath shall be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to access or use, the Services on any Platform. You further agree to indemnify us and our service providers and licensors against any claims in respect of any such matter. Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that we are not liable to you for:
- the defamatory, undesirable or illegal conduct of any other user of the Services;
- any loss whatsoever arising from the use, abuse or misuse of your user account or any feature of our Services on the Websites;
- any loss incurred in transmitting information from or to us or from or to our Platform by the internet or by other connecting media;
- any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications’ infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services;
- the accuracy, completeness or currency of any information services provided on the Platform;
- any delay or failure on our part to intimate you where we may have concerns about your activities; and
- your activities / transactions on third party websites or apps Platform accessed through links or advertisements posted in the Platform.
16. DISCLAIMER AND INDEMNITY
DISCLAIMER
The Services on the Platform and the Content present on it are provided strictly on “as is” basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. Goliath does not ensure or guarantee continuous, error-free, secure or virus- free operation of the Platform or its Content including software, Games, your user account, the transactions in your user account or continued operation or availability of any facility on the website. Additionally, Goliath does not promise or ensure that you will be able to access your user account or obtain Services whenever you want. It is entirely possible that you may not be able to access your user account or the Services provided by Goliath at times or for extended periods of time due to, but not limited to, system maintenance and updates. Goliath disclaims responsibility and liability for any harm resulting from cancellation of any Game organized by it. If you are a cash player on the Platform, you acknowledge and agree that you will not be entitled to any refund in case of any service outages that may be caused by failures of our service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of Goliath. Goliath specifically disclaims any liability in connection with Games or events made available or organized on the Platform which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such Game or event. Goliath specifically disclaims any liability in connection with your transactions with third parties which may have advertisements or are hyperlinked on the Platform. Goliath disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or user content posted on our Website. Intellectual property rights in any Content not belonging to us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners. Goliath specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Services. Goliath disclaims liability for any risk or loss resulting to you from your participation in Over Games, including all risk of financial loss.INDEMNITY
To the extent permitted by law, and in consideration for being allowed to participate in the Activity, you hereby agree to indemnify, save and hold harmless and defend us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney’s fees that we may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against us by any person in connection with:- infringement of their intellectual property rights by your publication of any content on our Platform;
- defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another player or otherwise;
- use, abuse or misuse of your user account on our Platform in any manner whatsoever;
- any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Website; and
- access of your user account by any other person accessing the Services using your username or password, whether or not with your authorization.
17. GOVERNING LAW AND JURISDICTION
The Terms and Privacy Policy shall be interpreted in accordance with the laws of India. Any dispute, controversy or claim arising out of the Terms or Privacy Policy shall be subject to the exclusive jurisdiction of the civil courts in India.