Mauka Productions operates the Event Management and Corporate Film Production alongwith online event portal in India, which offers fantasy game contests through the online medium.
Usage of Mauka Productions
Any person (“User”) accessing Mauka Productions online event page for registering in the various contests and games (including fantasy games), available on Mauka Productions platform (“Contest(s)”) shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Mauka Productions in relation to any Mauka Productions online event Services.
Mauka Productions shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Mauka Productions in relation to any Mauka Productions online events, at any time, by posting the same on Ongoing Events. Use of Online events constitutes the User’s acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Mauka Productions in relation to any Mauka Productions Online event Services, as may be amended from time to time. Mauka Productions 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 Mauka Productions, by way of sending an email to the User’s registered email address. 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 Mauka Productions. 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 Mauka Productions
Certain Mauka Productions online event Services being provided on Mauka Productions 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
Mauka Productions may, at its sole and absolute discretion:
Restrict, suspend, or terminate any User’s access to all Mauka Productions online event Services;
Change, suspend, or discontinue all Mauka Productions online event Services;
Reject, move, or remove any material that may be submitted by a User;
Move or remove any content that is available on Mauka Productions Ongoing Online Events;
Delete a User’s all related information and files;
Establish general practices and limits concerning use of Mauka Productions Online events;
Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event;
Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
In the event any User breaches, or Mauka Productions reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Mauka Productions online event Services, Mauka Productions 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 Mauka Productions Contests
If Mauka Productions charges its Users a platform fee in respect of any Mauka Productions online event Services, Mauka Productions shall, without delay, repay such platform fee in the event of suspension or removal of the User’s account or Mauka Productions online event Services on account of any negligence or deficiency on the part of Mauka Productions, 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 Mauka Productions.
Users consent to receiving communications such as announcements, administrative messages and advertisements from Mauka Productions.
Intellectual Property
Mauka Productions includes a combination of content created by Mauka Productions, and/or Users. The intellectual property rights (“Intellectual Property Rights”) in all software underlying Mauka Productions and the Mauka Productions online event Platform and material published on Mauka Productions, 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 Mauka Productions. 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 Mauka Productions either in whole or in part without express written license from Mauka Productions
Users may request permission to use any Mauka Productions content by writing in to Mauka Productions Helpdesk.
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 Mauka Productions. Users agree to indemnify and hold harmless Mauka Productions, 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 Mauka Productions, by such User or through the User’s commissions or omissions
Users hereby grant to Mauka Productions 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 Mauka Productions
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 Mauka Productions 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 Mauka Productions.
Third Party Sites, Services and Products
Users’ correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Mauka Productions will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
Mauka Productions contains content that is created by Mauka Productions as well as content provided by third parties. Mauka Productions does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Mauka Productions online event Services provided on Mauka Productions including while participating in any of the contests hosted by Mauka Productions.
Privacy Policy
All information collected from Users, such as registration and credit card information, is subject to Mauka Productions Privacy Policy which is available at Privacy Policy.
User Conduct
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Mauka Productions 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 Mauka Productions online event Services;
deactivating or deleting a User’s account and all related information and files on the account. Any amount remaining unused or Winnings Account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with Mauka Productions 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 Mauka Productions). Users further agree to update and keep updated their registration information
Users agree to ensure that they can receive all communication from Mauka Productions by marking e-mails or sending SMSs from Mauka Productions as part of their “safe senders” list. Mauka Productions 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 Mauka Productions to a User may not be revealed to anyone else. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Mauka Productions of any unauthorized use or any other breach of security.
Mauka Productions 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 Mauka Productions online event Services and/or Mauka Productions 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 Mauka Productions or Mauka Productions’s Services.
Users agree that without Mauka Productions express written consent, they shall not modify or cause to be modified any files or software that are part of Mauka Productions 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 Mauka Productions Services (each a “Server”); or (2) the enjoyment of Mauka Productions online event 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 Mauka Productions online event Services or any other person’s use or enjoyment of Mauka Productions online event Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Mauka Productions online event Services by any means other than the User credentials provided by Mauka Productions, 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 Mauka Productions online event Services.
Without limiting the foregoing, Users agree not to use Mauka Productions online event 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, Mauka Productions, any software, hardware, or telecommunications equipment;
To advertise, offer or sell any goods or services for any commercial purpose on Mauka Productions without the express written consent of Mauka Productions;
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 Mauka Productions, servers, or networks;
To impersonate any person or entity, including, but not limited to, a representative of Mauka Productions, 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 Mauka Productions or to manipulate User’s presence on Mauka Productions;
To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
To engage in any illegal activities.
Unauthorized access to Mauka Productions is a breach of these Terms and Conditions, and a violation of the law. 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 Mauka Productions online event is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Mauka Productions right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of Mauka Productions.
Users may reach out to Mauka Productions through –
E-mail if the user has any concerns with regard to a contest within One (1) hours of winner declaration for the concerned contest.
Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the Mauka Productions online event Platform. The Users will have to disclose their real age at the time of registering into the Mauka Productions Platform.
Mauka Productions may not be held responsible for any content contributed by Users on the Mauka Productions.
Conditions of Participation:
By entering a Contest, user agrees to be bound by these Terms and the decisions of Mauka Productions. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by Mauka Productions to enter a contest and/or claim a prize/winning.;
Engaging in any type of financial fraud or misrepresentation including unauthorised use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
Colluding with any other user(s) or engaging in any type of syndicate play;
Any violation of Contest rules or the Terms of Use;
Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Mauka Productions online event Users, sending unwarranted email content either to selected Users or in bulk); or
Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of this policy, Mauka Productions reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
Registration for a contest
In order to register for the Contest(s), Participants are required to accurately provide the following information:
Full Name
Team/User Name(of game)
E-mail address
Contact
State of Residence/Address
Date of birth
Participants undertake to confirm that they have read, and shall abide by, these Terms and Conditions.
Once the Participants have entered the above information, and clicked on the “register” tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
Contest(s), Participation and Prizes
As part of its services, Mauka Productions may make available the contest(s) on the Mauka Productions online event platform.
Mauka Productions reserves the right to abandon a specific contest or adjust the deadline of a contest in certain specific, uncertain scenarios, which are beyond Mauka Productions reasonable control, including but not limited to the number of maximum users registered for the contest.
All Participants agree to abide by in relation to any payments made to participate in the Contest(s).
Participant shall pay a pre-designated amount for registering in the contest(s) being created on the Mauka Productions online event platform.
Paricipant should note the day and time of contest before registering in the contest.
Registered Participant will be informed about the logging credentials ONE (1) HOUR prior to the contest, either by E-mail or by SMS.
Winner will be informed immediately after the contest through Email, and will be asked for Account Details for the same.
Winning Prize will be distributed within the same day of the contest.
The number of Participants required to make the Contest(s) operational will be pre-specified and once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the contest, such Contest(s) will not be operational and the pre-designated amount paid by each Participant shall be returned to the account of such User without any charge or deduction; within 24 hours.
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.
Persons who wish to participate must have a valid email address.
Only those Participants who have successfully registered for the online contest within the specified time (before the maximum number of users) get registered on the Mauka Productions online event shall be eligible to participate in the Contest and win prizes.
Registration will be on FIRST-CUM-FIRST-SERVE basis, since each contest will be subjected to maximum number of users registering the contest.
Payment Terms
In respect of any transactions entered into on the Mauka Productions online event 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 GST, for access to the Mauka Productions online event Services charged by Mauka Productions and pre-determined participant’s contribution towards prize money pool.
The Mauka Productions reserves the right to change the Registration Fee and the Winning Prize, which would be specified and notified by Mauka Productions on the Contest page, being created on Mauka Productions platform, prior to a User’s joining of such Contest.
Mauka Productions shall effect an online transfer to the User’s bank account asked by Mauka Productions via Email within the same day of contest. Mauka Productions shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User’s bank account on record with Mauka Productions. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for Mauka Productions to process the withdrawal request. The name mentioned on the User’s photo identification document should correspond with the name provided by the User at the time of registration on Mauka Productions, as well as the name and address existing in the records of the User’s bank account as provided to Mauka Productions. In the event that the User has not verified his/her User account with Mauka Productions, to Mauka Productions satisfaction and in accordance with these Terms and Conditions, Mauka Productions shall provide such User with a notification to the User’s email address for the same, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account, Mauka Productions shall be entitled to forfeit any amounts subject to transfer within the contest day. Failure to provide Mauka Productions with a valid bank account or valid identification documents (to Mauka Productions satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
Payment/Refund/Cancellation
Users agree that once they confirm a Registration transaction on Mauka Productions, they shall be bound by and make payment for that transaction.
The User acknowledges that subject to time taken for bank reconciliations, any transactions on Mauka Productions online event Platform may take up to 24 hours to be processed. Any amount paid or transferred from Winnings Account may take up to 24 hours to reflect in the User’s Account. Users agree not to raise any complaint or claim against Mauka Productions in respect of any delay, including any lost opportunity to join any Contest 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.
Mauka Productions 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.
Selection and Verification of Winners and Conditions relating to the Prizes
Selection of Winners
Winners will be decided on the basis of the scores in a designated match of the Contest(s).
In case of any query raised by the contestants regarding the result, there will be a Game Screenshot which can be shown as the proof of winning for a particular contest. Winner is also requested to take the screenshot of the same after the match for reference.
In case of any discrepancy, the winner is requested to contact Mauka Productions through email – [email protected], by sharing the screenshot of the Winner page in the game, so as for easing up the process, if necessary.
Contacting Winners
Winners shall be contacted by Mauka Productions on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
Photocopy of a government-issued residence proof;
User’s bank account details and proof of the same.
Mauka Productions shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Mauka Productions. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
Participants are required to provide proper and complete details at the time of registration. Mauka Productions shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.
The winners will be intimated by e-mail.
In the event that a Participant has been declared a Winner but has not received any communication from Mauka Productions, such Participant may contact Mauka Productions within 6 hours of the contest, through email.
Verification process
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by Mauka Productions shall be permitted to receive their accumulated winnings. Mauka Productions shall not entertain any claims or requests for extension of time for submission of documents.
Mauka Productions shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from receiving his accumulated winnings on the following matchs:
Determination by Mauka Productions that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
Participant does not fulfill the Eligibility Criteria specified above; or
Miscellaneous
The decision of Mauka Productions with respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contest(s) confirm that they are residents of India.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Mauka Productions shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Mauka Productions may, at its sole and absolute discretion, suspend or terminate such Participant’s account.
To the extent permitted by law, Mauka Productions makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
Mauka Productions may, at its sole and absolute discretion, vary or modify the registration fees/prizes being offered to winners. The same can be noted by the participant at the time of registration. Participants shall not raise any claim against Mauka Productions or question its right to modify such prizes being offered, prior to closure of the Contest.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
Publicity
Acceptance of a prize by the Winner constitutes permission for Mauka Productions, and its affiliates to use the Winner’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.
The Winners undertake that they can not declare their winnings on any medium without the consent from Mauka Productions.
General Conditions
If it comes to the notice of Mauka Productions that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Mauka Productions that conduct of any such Contest(s) is prohibited, then Mauka Productions shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner. The registration amount in such scenario shall be refunded back to the participants by contacting them through Email within 48 hours.
Dispute and Dispute Resolution
The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Mauka Productions online event Services provided by Mauka Productions (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Mauka Productions, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Mumbai, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent Mauka Productions from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Mauka Productions interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Mauka Productions to pursue any remedy for monetary damages through the arbitration described herein.
Release and Limitations of Liability
Users shall access the Mauka Productions online event Services provided on Mauka Productions voluntarily and at their own risk. Mauka Productions shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Mauka Productions services (including participation in the Contest(s)) or as a result of acceptance of any prize.
All the contest which are part of the Mauka Productions Online Events are for Entertainment purpose only.
By entering the contests and accessing the Mauka Productions Services provided therein, Users hereby release from and agree to indemnify Mauka Productions, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Mauka Productions services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
Mauka Productions accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to their access of Mauka Productions Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Mauka Productions Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Mauka Productions and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Mauka Productions on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Mauka Productions harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Mauka Productions or participation in any Contest. In no event shall Mauka Productions be liable to any User for acts or omissions arising out of or related to User’s engagement with the Mauka Productions or his/her participation in any Contest(s).
In consideration of Mauka Productions allowing Users to access the Mauka Productions Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Mauka Productions, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Mauka Productions Services or related to the Contests or the prizes of the Contests.
Disclaimers
To the extent permitted under law, Mauka Productions shall not be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, Mauka Productions shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, services or sites, cancellation of competition and prizes. Mauka Productions disclaims any responsibility for, and if a User pays for access to one of Mauka Productions Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Mauka Productions maintenance on the servers or the technology that underlies our sites, failures of Mauka Productions service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Mauka Productions does not provide any warranty as to the content on the Mauka Productions. Mauka Productions content is distributed on an “as is, as available” basis.
Any material accessed, downloaded or otherwise obtained through Mauka Productions is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.
Mauka Productions shall make best endeavours to ensure that the Mauka Productions is error-free and secure.
In case Mauka Productions discovers any error, including any error in the determination of Winners of online contests or in the transfer of amounts to a User’s account, Mauka Productions reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User’s account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Mauka Productions agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
To the extent permitted under law, neither Mauka Productions nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Mauka Productions, events or Contest(s) being hosted or provided, or intended to be hosted on Mauka Productions platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Mauka Productions services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
Miscellaneous
Mauka Productions may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Mauka Productions posting them on the Mauka Productions or delivering them to the User through the email address provided by the User at the time of registration. If they do not provide Mauka Productions with accurate information, Mauka Productions cannot be held liable for failure to notify the User.
Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Mauka Productions or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
Mauka Productions reserves the right to moderate, restrict or ban the use of the Mauka Productions, specifically to any User, or generally, in accordance with Mauka Productions policy/policies from time to time, at its sole and absolute discretion and without any notice.
Mauka Productions may, at its sole and absolute discretion, permanently close or temporarily suspend any Mauka Productions Services (including any Contest(s)).
Eligibility – All users who: (i) are registered with Mauka Productions online event platform which account has been verified by Mauka Productions; and (ii) are eligible play on their respective mobile devices, will be eligible to participate in the Program. Participation in the Program by proxy is not permitted.
Participation in the Program is voluntary and for Entertainment purpose.
By participating in the Program, you agree to and accept these Terms.
Mauka Productions reserves the right to change/modify/or withdraw the Program and/or change these terms and conditions without any prior notice of the same at its sole discretion.
The Terms and Conditions, as applicable to the Mauka Productions online events and services, will apply to and govern the Program.
Mauka Productions does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants of the Program.
Notwithstanding anything contained herein, the aggregate liability of Mauka Productions to a participant in relation to the Program for any reason whatsoever shall not exceed Rs.100.