Indomitable Arrows Pvt. Ltd. collectively known as “Mystockmate” is the operator of its app known as Mystockmate (the “App”). Mystockmate through its App and Services offers fantasy stock trading games and contests (referred herein as “Game(s)”to its patrons (interchangeably “You”, “Your”).
The facilities and services offered by Mystockmate on this app are subject to these Terms and Conditions (“Terms”) mentioned herein. By using the app and availing its services that are offered by Mystockmate You hereby agree and give Your free consent to abide by the Terms; and will further constitute as Your binding acceptance to any of the amendments made to the Terms in the future. Upon log in and by registering with Mystockmate it is deemed that You have read, understood, and accepted these Terms. If You do not agree to these Terms in part or in full You are advised to exit the app immediately and cease any play / activity.
Mystockmate is a real time mobile application-based game that is available to use on android phones (herein after referred as “app”). This is a skill-based game related to stock trading where a patron can apply their skill and knowledge pertaining to the stock market, NSE exchange listed companies and their performance on day-to-day basis but does not need to invest in shares to play this Game.
The services utilized by a patron by using this App are governed under the Terms mentioned herein, the Privacy Policy, Fair Play Policy and other Additional Rules or Polices (collectively herein after referred as “Rules”) that are available for patron viewing and acknowledgment as applicable. Such rules, agreements and policies may be updated on case-by-case basis from time to time and it is the patron’s duty to keep abreast to these updates. In case of conflict in these Rules, the Terms set forth herein shall take precedence unless the other terms of use expressly provide otherwise. The patron bears the onus to review these Terms carefully and completely as it contains patron’s right and obligations with respect to the use of the App and its services. If You disagree to any of these Terms in part or in full or do not want to be bound by the Terms, You are advised to not access or use the App; and in furtherance You are advised to delete the app from Your phone.
By registering with Mystockmate and/or by using the Services offered by Mystockmate and/or by checking “I have read and agree to terms of the Agreement” (or any other similar wording) box at the time of registration or anytime during Game play, You give Your undisputed consent to be bound by this Agreement in its entirety, including the Fair Play Policy, Privacy Policy and any Additional Rules.
Mystockmate reserves the right to amend, revoke, or terminate the Rules anytime without prior notice to You by posting amended Rules. Posting of these Rules amounts to sufficient notification. The patron can access these Rules by visiting the website www.Mystockmate.com
The software offered by Mystockmate is available in the downloadable format through app which can be found on Play store andMystockmate website; which allows You to use the Services that are currently available. Mystockmate at its own sole discretion reserves the right:
1. To suspend, alter, cancel, revoke, remove, or add the Services without any prior notice to the patron;
2. move, refuse, or remove any data, material, or content that You submit in the app;
3. deny access and/or registration to any person at any given time;
4. restrict or terminate Your access to our Service in part or in full;
5. move or remove any content that is available to the patron onMystockmate Platform;
6. deactivate or delete a patron’s account and all related information and data related to the account;
7. establish general practices and limits concerning use of Mystockmate;
Mystockmate will provide its patrons with the functionality and information in the App. It is the responsibility of the patron who intends to use this App to establish the connection to the internet and required equipment to establish internet connection and any other fees associated with such access. Mystockmate is accessible to only those persons who are 18 years of age and above and are legally sound to enter into a contract. If You are ineligible or do not qualify to use the services offered by Mystockmate, you are advised to not use the Services and/or discontinue its use immediately.
Patron must not have more than one account to use these Services. The patron be aware that each account is tied to their personal data which must be provided at the time of creating an account. It is pertinent that You shall access the App and use of the Services only via Your own account. Use of Services or accessing the App by means of another person’s account is strictly prohibited. If You attempt to use the App with more than one account, under Your name or under any other name, or should You attempt to use the Services by using any other person’s account credentials, Mystockmate reserves the right to block the account pending investigation or indefinitely, and/or notify appropriate authorities of any suspicious activity, and/or may result in the closure of all Your accounts and will be barred from using the Services in the future.
By registering with Mystockmate and playing or entering the Game, the patron provides its express consent to be bound by these Terms and Rules and agrees to any decisions made by Mystockmate at its sole discretion, that will be final and binding in all matters related to the Game. In lieu of the Terms stipulated herein, Mystockmate reserves the right to disqualify any patron from the Game, terminate account, void the played Game, retain any bonuses or deposits made and rescind prizes and may require to return any prizes that may be awarded if the patron is deemed to engage in unfair conduct or any other conduct that is against the Terms or Rules of Mystockmate or the conduct that adversely affects the operations of the Game or the other players, but is not limited to:
1. violation of the Game Rules and/ or Terms;
2. indulging in collusion with other patrons and taking unfair advantage of the App or over the intended Rules;
3. providing incorrect or inadequate personal information (including providing false documents or personal information) to Mystockmate;
4. taking undue advantage of bonuses and promotions;
5. using bots or other cheating mechanical devices to take advantage during the Game or to claim the prize;
6. using bots or any such device (including unauthorized methods) to extract, collect, access or use any information of any other patron for any purpose, or for accumulating points or prizes.
7. causing harassment to other players which includes but not limited to, accessing other players information; obtaining and/ or storing information (including but not limited to personal, professional and any such information) illegally or without their express consent / knowledge, spamming emails, etc.
8. abusing or using profane language either while playing the Game and or communicating with other patron or customer support or any other employee of Mystockmate;
9. using illegal funds or proceeds of the crime for the purpose of making any payments, deposits, withdrawals etc. on the App;
10. altering, rigging, or tampering the computer programs, security measures related to the Game or administration of the Game or App;
11. aiding, abetting, instituting or involvement in any kind of attack, including without limitation, disruption of the App and Game; disseminating virus or disrupting Services, including any other patron’s use or enjoyment of the Services
12. advertising, selling or offering any goods or services while playing the Game or using the App is strictly prohibited;
13.transmitting files that contain viruses, corrupted files, or any other similar software or programs that may adversely affect or damage Mystockmate’ software or its App or another patron’s computer,
By using the Services offered by Mystockmate, the patrons agree to fulfil certain obligations. The patron agrees that any personal information that is provided to Mystockmate is complete, accurate, true, and up to date. The patron further agrees to not use the App and its Services for any purpose that is prohibited by Terms or Rules and is unlawful. Mystockmate reserves the right to refuse You any and or all the current or future use of its Services (or any portion thereof):
if the patron provides any information that is false, inadequate, incorrect, or not current; and/or Mystockmate has reasonable grounds to suspect that such information provided by the patron is untrue, inaccurate, incomplete, or not current.
If the patron engages in any type of financial fraud or misrepresentation which includes but is not limited to using stolen or unauthorized bank information, credit or debit instruments, payment wallets account to participate in a Game or claim a prize. The onus is on the patron to prove that such information or documents provided to Mystockmate are true and correct.
A patron’s account is for Your sole personal use and shall not be used for any professional, business, or commercial purposes. To use the Services offered by Mystockmate, the patron agrees to provide its mobile number and get their mobile number verified through OTP to register with Mystockmate. Upon registration the patrons will be required to choose a 4-digit pin (hereinafter referred to as “MPIN”) to access the App at all times. At the time of the registration the patron is required to choose a unique nickname for their account. Such chosen nickname shall be accessible to all patrons who uses the App and will be displayed on the Leaderboard in the App. The patron is also given an option to upload a profile picture of their liking.; uploading a picture is not mandatory for registration. Use of vulgar or obscene nicknames and profile picture is strictly prohibited. If a patron is found using profane words and pictures, their account will be permanently blocked, and the patron will lose access to their entire account including all deposits, winnings, and bonuses.
The patron is obligated to maintain the confidentiality of the MPINthey elect to choose and are fully responsible for all the activities that occur in the account. The patron is prohibited from sharing their account and account credentials with anyone. If the patron is found to sharing account with anyone else, then their account may be blocked or suspended with or without notice and the patron may be barred from playing again with Mystockmate. The patron agrees to the following:
1. notify Mystockmate immediately of any unauthorized use of the MPIN or account or any breach of security;
2. ensure to completely exit from their account at the end of each session; and
3. not use anyone else’s account or MPIN.
The patrons are advised that Mystockmate will not be held liable for any third-party use or access of Your account. Under no circumstances, Mystockmate shall not be held liable for any losses suffered by You due to misuse of Your MPIN and/or unauthorized use or access of Your account by any person. All transactions/activity taken place in Your account with correct username and MPIN will be deemed valid whether or not authorized by You.
Any monies that are deposited or held in Your account do not accrue any monetary interest.
An account that has not been accessed by logging in using Your account credentials and either (i) played the Game; or (ii) made a deposit or withdrawal for any period of 365 consecutive days shall be deemed inactive account. Once an account falls under inactive status any funds including any winnings and bonuses that remain deposited into the account shall be forfeited. The patron must contact customer service and fullfil all relevant requisites in order to redeem their retained deposits. Once all the requisites are complete (including KYC requirements) the funds will be returned within 30 days of the request made.
Mystockmate conducts KYC process at the time of withdrawal of the funds and by registering with Mystockmate the patron agrees to comply and undergo the KYC process before any funds are withdrawn. To withdraw any funds from the account the patron must provide pan card number, bank account details, email and phone number used at the time of the registration. The KYC is complete within one (1) day of providing all the required documentation. Upon successful completion of KYC, the funds requested for withdrawal will be transferred to the bank account details provided. If the KYC is unsuccessful the funds will be forfeited and the patron risks losing of funds (including deposits, bonuses and winnings).
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 Games are games of skill as success of Users depends primarily on their superior knowledge of the mechanics of the stock market, knowledge of a company’s performance, understanding of key financial concepts, judgment, strategy and multi-disciplinary knowledge, training, calculation and mathematics, attention and dedication towards the Game(s) and adroitness in playing the Game(s). The Game(s) also requires Users to create well-balanced Baskets with limited resources and appointment of appropriate securities as superstar stock and star stock to gain the maximum points.
The value of the prize money awarded to winners does not correlate to the value of the actual stocks in the stock market, and neither the fantasy stocks nor the Baskets amount to ‘securities’ or ‘derivatives’ under Indian law and therefore the Games are purely fantasy games which require skills to be applied by the User.
By participating in the Game(s), each User acknowledges and agrees that he/she is participating in a game of skill.
Use of Services is restricted to patrons who are playing from within the geographical limits of India. Use of Services is strictly prohibited in Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, Telangana, and Tamil Nadu. Location data is collected while the Service is in use, including when the player downloads and installs the App, uses the App, plays through the App at regular intervals while continuing its use. Your data will be used by Mystockmate, its affiliates, its third-party vendors and service providers. If You do not wish to share Your location, You will not be able to use the Services. You can control whether Your location is shared with us through Your device settings. If You choose to disable the location services, You must cease the use of the Services offered by Mystockmate. By using this App, You consent to the use of Your location data for certain services, and further give Your consent to us to transmit, collect, maintain, process, and use Your location data in order to provide and improve location-based services. Mystockmate shall not be liable for any unauthorized or illegal use of the App and or the Services by You. Patrons located outside of India at the time of the activity shall not be able to use the App for real money play.
To use the App and its Services a patron must be at least 18 years of age (hereinafter referred as “Of Legal Age”). A person who is not Of Legal Age must not download the Software or use the Services under any circumstances and if does so will be in breach of the Terms. No person should aid and abet or facilitate another person who is not Of Legal Age to use these Services. Mystockmate reserves the right to request identification documentation to verify that the patrons are Of Legal Age and are eligible to use the App. If a patron fails to provide proper identification documents and if Mystockmate is unable to verify the age of the patron, then Mystockmate may terminate patron’s account and ban that person from using the App and Services. Any winnings and bonuses earned by the patron who is not Of Legal Age shall be forfeited and will not be returned. Any initial deposits made by a player shall be returned to the bank account after the verification and successful KYC completion of the account. It is imperative that Your identification documents match with the bank account details You provided. Mystockmate shall not be held liable for retaining any amount including deposits, winnings, and bonuses if the identification documents do not match with the bank account provided You and if Mystockmate is unable to verify Your information. Mystockmate shall return any deposits made into the account within 30 business days of termination. Mystockmate reserves discretion with respect to refund of any bonuses or winning funds provided to or gained by the player. Mystockmate further reserves the right to limit or refuse any trading made through Your account.
By agreeing to the Terms and Rules and by attempting to register with Mystockmate, a patron gives their express consent to verify their personal information and details at the time of registration if required, such as (but not limited to) Your name, physical address where You reside, Your date of birth, voting number, and Your aadhar number and/or passport identification to confirm that You are Of Legal Age. Mystockmate reserves the right to verify at any time Your information, including Your email address and payments method used. The patron further agrees to abide by any documentation request by Mystockmate. Requested documents may include (but are not limited to) identification and address proof such as passport, voting id card, aadhar card, pan card, electricity bill; proof of payment of method and such documents can be sent via email at support@mystockmate.com . In the event if Mystockmate request for documents and the provided documents are not satisfactory, Mystockmate at its own discretion reserves the right to block and terminate the account and withhold any funds that are in the account. Any initial deposit funds into the account shall be returned within thirty (30) business days from the date of terminating the account. Mystockmate reserves the right to retain any winnings and any bonuses gained and accumulated into the account. Should the documents fail our internal verification (for example the name provided does not match exactly with the PAN card or bank account information, if it is suspected by Mystockmate that the documents are tampered with, or are provided to mislead and misrepresent, or provided with the intent to fraud; or in any other way) Mystockmate shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback on the exact nature of our findings with regards to the documents.
The patron hereby explicitly consents that Mystockmate may perform background checks on You for any reason whatsoever, including but not limited to, any investigation into Your identity, and credit checks performed or inquiries into Your personal history. Such checks shall be analysed on case-by-case basis and will be conducted to verify registration details such as name, age, address, location, verification of Your financial transactions and gaming activity. The patron be advised that Mystockmate shall be under no obligation to inform You of such checks. Mystockmate from time to time be take aid from third party companies to perform such investigations and checks. Based on the results of such investigation, Mystockmate at its own account and discretion may decide to block and terminate Your account, withhold and or retain funds.
All employees, consultants, directors, officers, agents of Mystockmate and its affiliates and their employees shall comply with Mystockmate policies prior to use and during use of Services. Following persons are prohibited from playing and using Mystockmate Services:
1. any person who is below the age of 18 years of old;
2. core management team of Mystockmate (excluding the accounts that are used for testing purposes). ;
Use of any bots or computer/digital devices or any such game manipulation devices or technique used by the patron is strictly prohibited. If the patron is found to be using any such device(s) their account shall be immediately blocked and terminated. Upon discovery of any such foul play any winnings, deposits, and gained bonuses Mystockmate reserves the right at its own discretion to immediately restrict and retain funds in the account; and the monies held in the account shall not be returned.
Players are forbidden from creating multiple accounts as each account will be given unique patron id.
The patron represents, warrants, covenants, and agrees in consideration of the grant of rights to use the App and its Services:
1. As a user of the Services (hereinafter referred as “End User”) it is Your responsibility to protect and secure Your username and password on Your own electronic devices and/or any other devices that You may use to log in and play. As an End User You are responsible for the security of internet access and connection from any location that You chose to log in from. Mystockmate shall take no liability and You solely are responsible if the log in credentials is hacked from Your electronic device, due to any virus or malware that may be present on the computer that You access Your account with. It is the responsibility of the patron to report to Mystockmate any possible hacking attempts or any security breaches from Your electronic device immediately at support@mystockmate.com . It is the responsibility of the patron and are hereby advised to use the auto lock feature on their electronic devices to protect from unauthorized uses.
2. As the End User You are at least 18 years of age and are of sound mind and are capable to take responsibility for Your actions.
3. Your account with Mystockmate is solely for Your own personal use. You shall not allow anyone (including You relative, roommates, partners and/or close family member, etc.) to use Your account, password, or identity to access the account or use the Services or the App and You shall be fully responsible for any activities undertaken on Your account by any third-party use. You further warrant to not share Mystockmate account credentials to any person and shall take precautions to ensure that such crucial information is not revealed to anyone. It is Your responsibility to inform Mystockmate at support@mystockmate.com if You suspect that Your account is being used by any third person and/or has a reason to believe that any third person has access to Your log in credentials so that Mystockmate may investigate such matter. You further represent that You will fully cooperate with Mystockmate as and when at the request of Mystockmate while investigation is carried out.
4. As an End User, You are fully aware that there is a risk of monetary loss when playing and using the Services and that You are fully responsible for any such loss. Further, You agree that use of the Services is at Your own option and discretion and Your bear the burden of risk. In the event of any loss, You shall have no claims whatsoever against the Mystockmate or its subsidiaries or its ultimate beneficial owners or its investors (including companies and persons) or their respective directors, officers, employees, agents, affiliates, or service providers.
5. . All details provided to Mystockmate by You at any given stage i.e., during registration and or anytime thereafter, including a part or of any payment deposit transaction, are true, accurate, up to date, complete and match the full name(s) on the credit/debit card(s) or any other payments via any other payment method. You agree that funds deposited into the account from a bank will not be transferred out of the account to any other different bank and must ensure that You have sufficient available funds prior to conducting any play. Mystockmate does not offer credit to any player for any reason while using the Services. It is Your continuing obligation to notify Mystockmate of any change in details that were previously submitted to Mystockmate. Periodically, Mystockmate may request certain documents to verify the details of the payment method used by You to deposit money to Your account. Depending on the outcome of the verification of payment method used by You, You may not be permitted to deposit further monies into Your account with the same payment method. Use of gift cards is strictly prohibited. Upon verification, should any of the information provided by You is false, incorrect, incomplete, inaccurate and or is provided to circumvent the Terms and Rules of Mystockmate, the Mystockmate reserves the right to block and terminate Your account immediately without any further notice and prevent You from playing with Mystockmate again in the future, and further Mystockmate may take any other action as deemed appropriate to curb this situation.
6. As the End User You fully understand how the Game is played, the methods, rules, and procedures of the Services in general. You understand that it is Your responsibility to ensure that the details of the selection on the paid contest are correct.
7. You will not commit acts or display any conduct that damages the reputation of Mystockmate
8. By creating an account with Mystockmate and by playing through the App You hereby agree to provide Your personal information including details about Your payment methods. Mystockmate shall handle all the information provided by You diligently and except as provided for in the Privacy Policy
9. As the End User You agree to use the Software / App / Services responsibly and shall abide by Mystockmate Rules, Terms, Policies and any other additional Rules and Policies that may be amended from time to time. You further agree to play the Game as per its rules and policies
10. As the End User You are solely responsible for internet connection and telecommunication network and its associated costs and permissions. In case of disconnection or interference with the connection or any alteration to Your system made by You, Mystockmate does not guarantee that the Software may restart from the exact status when the connection was lost and does not accept any liabilities for malfunctioning of the Software due to internet disconnection
11. The patron is solely responsible for any tax obligation arising from any winnings paid to You by Mystockmate or any other related or affiliated entity, subject to relevant tax regulations, rules, and laws. As per the government guidelines, Mystockmate will deduct 30% of net winnings either at the time of the withdrawal or at the close of the financial year.
12. The patron is obligated to use the Services in good faith. If Mystockmate suspects and deems that the patron is not using the App as per its appropriate use an/or is violating any of the Terms, Rules, and Additional Rules and/or causes direct or indirect injury or harm to Mystockmate or any other patron of Mystockmate, then Mystockmate reserves the right to immediately block and terminate the account without providing any reasons to the patron and any monies (including bonuses, deposits and winnings) held in the account will be retained by Mystockmate and will not be returned. You hereby expressly waive any future claims against Mystockmate in such regard. In such an event, Mystockmate at its own discretion may take any further legal actions as it deems fit.
Mystockmate reserves the right to use third party electronic payment processors and or any other financial institutions to process payments made by the patron and to You in connection with Your use of our Services. You further agree to abide by the terms of conditions of the third-party electronic payment processors and/or financial institutions to the extent that they do not conflict with Mystockmate Terms, Rules and/or any other additional rules
Each patron who utilizes the Services is fully responsible for paying monies owed to Mystockmate. You agree that You will not make or attempt to make any chargebacks, and/or deny or reverse any payment or money transfer that You may have made. You agree to reimburse Mystockmate for any chargebacks, reversal of payments and/or denials that You may make and further agree to reimburse any loss incurred by Mystockmate as a consequence thereof. Mystockmate at its sole discretion, cease to provide the Services or withhold payment to certain users or to users paying with certain payment methods.
Under no circumstances, Mystockmate is liable for any unauthorized use of payment methods, irrespective of whether the payment method was approved or not.
By using the App and its Services You agree to be being contacted via email and text messages. The patron agrees to any additional charges that their mobile service providers may levy. The patron agrees to the additional terms related to text messages and give their consent to the following:
The patron warrants and represents to Mystockmate that You are the account holder of the phone number that You provide to Mystockmate and/or have the express permission of the account holder to use the phone number. You further warrant and agree that Mystockmate shall not be held liable for sending any communication preferred by Mystockmate or any consequences thereof to the phone number or email You provide.
The patron consents and understands that receiving communication set by Mystockmate is a requirement to use the App and its Services. You expressly consent that Mystockmate or any of its agents may call or reach through WhatsApp or email at the Provided number and will be the main source of communication for any account related information, marketing, and advertising messages. To opt out of marketing communication patron must contact support at support@mystockmate.com .
Patron warrants and consents that it is solely their responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, statements, representations, services, and other information provided through the App for Services, including but not limited to win/loss notifications and alerts. You acknowledge that You may not rely on any content on the App or through Services, including any win/loss notifications and alerts. Mystockmate makes no warranties or representations, express or implied, related to the reliability, quality, or accuracy of any information, goods, services, or products displayed or advertised on the Services and App. The patron furthers acknowledges that any information provided through Services and App is for reference only, including but not limited to any win/loss notifications and alerts. Mystockmate does not accept any liabilities for any content that may be available on the App or Services which may be available on the App due to mechanical or human error, or a software glitch, or any such related issues.
Any marketing materials, advertising, bonuses and promotions, offers, invitations, discounts, promotional codes, pricing and packages are subject to change at any time and Mystockmate will not be obligated to notify the patron of any such changes. There may be a possibility that the information and content available on the App and Services may contain omission, inaccuracies, typographical errors, including but not limited to, inaccuracies relating to availability that may be applicable to Your transaction. Mystockmate shall not assume any responsibility and shall not be liable for any such inaccuracies, errors, or omissions, and shall not be obligated to honour any transactions affected by inaccuracies. Mystockmate reserves the right to make changes, corrections, cancellations, and/or improvements to the information on the Site or through Services, and to the products and programs described in the App or Services, at any time without any notice, including a confirmation of a transaction.
You must play within the cut-off limits provided in the Game. Any stock selection made after the cut off period for whatsoever reasons including disconnection with the App while making the selection, loss of internet, loss of phone battery, etc. will not be considered and the amount will be refunded to the Player. Any stock selection made within the cut off limits before the App was disconnected will re-appear, however, if the App crashes or is it force-closed You lose the stock selection and will not be able to participate in the Game until you re-select the stocks.
Unlawful activities and Illegal Funds: As the user of the App, You agree that You will not use the funds in any illegal manner and will not use the Services in any way as a money transfer system. You further guarantee that will not use the Services for any unlawful or fraudulent activity or any prohibited transaction under the Indian laws. If Mystockmate suspects that the patron is engaging in any such unlawful, fraudulent, or prohibited activity or conduct, the patron is in direct violation of this Agreement and their access to the App and its Services will immediately terminated and/or account will be blocked without any notice. Mystockmate may be further obligated to report any such transaction to appropriate governmental authorities; financial institutions, payment providers, affiliates and or relevant third parties (collectively “Third Parties”). Mystockmate is not obligated to refund any monies including deposits and bonuses if the patron’s account is blocked or terminated under such circumstances. Mystockmate reserves the right to block the patron from using any of their Services, App, or any related websites.
Use of Robots and Artificial Intelligence: The use of any automated tools designed to aid in playing within the App including use of software, external devices, programs, or applications is strictly prohibited. The patron is prohibited from using any such Software program which Mystockmate deems as artificial intelligence in connection the use of App and Services. If the patron is found to be using any such devices or automated tools, patron is in direct violation of this Agreement and their access to the App and its Services will immediately terminated and/or account will be blocked without any notice. Mystockmate is not obligated to refund any monies including deposits and bonuses if the patron’s account is blocked or terminated under such circumstances. Mystockmate reserves the right to block the patron from using any of their Services, App, or any related websites.
Mystockmate reserves the right to block or terminate account(s) if it suspects or has a reason to believe that an account or group of accounts are operating systematically i.e. using specific techniques as a group. Mystockmate shall not be obligated to refund any funds including deposits, wins and bonuses that may be in such account and Mystockmate reserves the right to forfeit funds in such accounts.
Any information available to the patron is for information purposes including the materials and links to third party websites and resources. Any such links including the organizations sponsoring these sites or their products or services that may be provided by Mystockmate should not be interpreted as endorsement or approval by Mystockmate. Mystockmate makes no representations or warranties, express or implied, with respect to the information provided on the site or Appr or any third-party website which may be accessible through the embedded link on the App or website. You acknowledge and agree that Mystockmate is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, marketing materials, statements, representations, products and or services, or other materials on the available on the site or App. You further acknowledge and agree that Mystockmate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused regarding Your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
GOVERNING LAW, DISPUTE RESOLUTION AND JURISDICTION
In relation to any disputes between the patron and Mystockmate, the patron accepts that the result shown on the App or Software (as installed or operated by Your hardware) conflicts with the result shown on our server, the result shown on our server shall take precedence in all circumstances. You irrevocably agree and give Your informed consent that Mystockmate records shall be the final authority in determining the terms of Your use of the Services and You shall have no right to dispute.
Notwithstanding the foregoing, Mystockmate shall not be obligated to consider any claims or disputes whether between You and another user of the Service and Mystockmate that are more than fifteen (15)days after the date of the original transaction or event giving rise to the dispute. All claims or disputes should be raised with the customer service department at support@mystockmate.com .
These Terms and Conditions shall be governed and construed in accordance with the laws of India.
In case of any concerns, complaints, claims or disputes raised by the patron in connection with these Terms and Conditions regarding its validity, enforcement, interpretation or rights and obligations of the patron or Mystockmate, the patron agrees to notify Mystockmate in written. Mystockmate shall try to alleviate the concerns/issues of the patron within fifteen (15) days upon receipt of such written notification. In the event that the parties are unable to resolve the dispute then the dispute shall be settled by arbitration.
The arbitration proceedings shall be conducted in English by the nominated arbitrator chosen by Mystockmate. The proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time). The place, venue and seat of arbitration shall be Ahmedabad, India. The arbitration award will be final and binding on both the parties. The costs of arbitration shall be borne by both the parties equally unless the arbitrator awards otherwise.
Nothing contained in this Agreement shall prevent Mystockmate, if required, to seek or obtain interim or permanent injunctive relief, temporary restraining order or any other relief available for precautionary or preventive purposes and/or to safeguard interest of Mystockmate prior to, during or following the filing of arbitration proceedings or pending the execution of a decision/award in connection with any arbitration proceedings from a competent court. Seeking any equitable relief shall not constitute as a waiver on the part of Mystockmate to pursue any remedy for monetary damages through the arbitration mentioned herein.
The patron at its own will can choose whether to use the Services and do so at Your sole discretion and risk. The patron acknowledges and agrees that neither Mystockmate, its affiliated companies and/or third parties or any third-party service provider (“Affiliates”) or its sub-licensors shall not be held liable in contract, tort, negligence, or for the following:
1. the contents of any communication, message, or information posted by You or other third parties;
2. the contents posted on the App and website that is not controlled, operated or owned by Mystockmate which is linked to this Service;
3. the content, services or information provided by any website not authorized by Mystockmate claimed to be operated by Mystockmate or its affiliates, but actually not affiliated with controlled, owned, or operated by Mystockmate;
4. any damages or injury caused by, including but not limited to, any failure of performance or deliverables, interruption, human or computer error, defect, omission, defect, delay in operation of transmission, virus or any other failures or errors;
5. any direct or indirect injury, incidental, punitive, special or consequential damages, including but not limited to, loss of profits, loss of data or loss of use damages, arising out of or relating to use of or inability to use the App or Services, even if Mystockmate has been advised of the possibility of such damages. Patrons further agree that Mystockmate will not have any liability with respect to, or obligation to, restore or recover any data that is lost. If You do not agree to the above or are not satisfied with any portion of the Service or with the Terms, the only remedy to alleviate these concerns is to cease use of the Service and App.
Mystockmate and its affiliates and its third-party licensors will not be responsible for any loss, including loss of winnings and bonuses, that may result from the circumstances identified above. If any such errors result in an increase in winnings owed or paid to You, shall not entitled to the winnings falling under such increase. The patron is obligated to immediately inform Mystockmate at the customer support email support@mystockmate.com and must immediately repay any winnings credited to Your account in error to Mystockmate; or Mystockmate at its own discretion, withhold an amount equal to those winnings from Your account or set off such amount against any money owed to You by Mystockmate.
You agrees to indemnify, defend and hold Mystockmate, its directors, officers, employees, agents, intermediary companies, and other partners harmless from and against any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the App and Services, Your violation of the Terms, or Your infringement of any intellectual property or other right of any other person or entity.
Mystockmate does not assume any responsibility to You or others for any failure(s) by Mystockmate to enforce the provisions comprised herein.
Patron agrees that Mystockmate at its own discretion may terminate the use of the App and Services or any part thereof with or without notice for any reason, including, without limitation, if Mystockmate determines that You have violated or acted inconsistent with the Terms herein or for the lack of use. The patron agrees that termination of access to the App and Services under any provision of the Terms herein may be effective without prior notice and further acknowledges and agrees that Mystockmate may immediately revoke further access to the site. The patron further agrees that Mystockmate shall not be liable to You or any third party for any termination of Your access to the App and Services.
The patron agrees that by accepting the Terms and Rules does not guarantee any material benefits. Mystockmate reserves the right to establish general practices and limits concerning Your use of the App and Services; it also reserves the right to change these general practices and limits at any time, in its sole discretion with or without cause or notice. The patron acknowledges and agrees that Mystockmate shall not be held liable or responsible for the failure of the App and/or its Services and the deletion of any or all content maintained or transmitted in the App. Mystockmate reserves the right to modify, or discontinue, temporarily or permanently the App and Services offered with or without notice and cause. You further agree that Mystockmate shall not be liable to You or to any third party for any modification, suspension or discontinuance of the App or Services.
The terms and conditions of Mystockmate’ Privacy Policy is incorporated herein by reference. Please refer to terms and conditions of Mystockmate’ Privacy Policy before using the App or Services. In the event of a conflict between these Terms and the Privacy Policy, the Privacy Policy shall govern.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, SOFTWARE, AND INFORMATION AND MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SERVICE, SOFTWARE, AND INFORMATION AND MATERIAL, MYSTOCKMATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR REASON, NON-INFRINGMENT OR THAT THE SITE WIL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SERVICE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENAIL OR SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE MYSTOCKMATE EXPRESSLY DISCLAIMS, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
2. MYSTOCKMATE MAKES NO WARRANTY THAT (i) THE SERVICE, SOFTWARE, AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SERVICE WIL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SERVICE OR INFORMATION OR MATERIALS THEREIN WIL BE CORRECTED AND (v) THE SERVICE AND ITS CONTENTS AND SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY SOFTWARE, MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD FO ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYSTOCKMATE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT
5. WHEN ACCESSING THIS SERVICE, YOU (i) ASSUME ALL RISKS INCLUDING, LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR ANY KIND OF INABILITY TO USE THE SERVICE; (ii) IRREVOCABLY AGREE TO WAIVE ALL LOSSES OR SPECIAL, INDIRECT, PUNITIVE OR COINCIDENTAL DAMAGES, OR CONSEQUENTIAL IF PERMITTED BY LAW ((MAY INCLUDE WITHOUT LIMITATION - THOSE RESUTLING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY TRANSPIRE AS A RESULT OF YOUR USE OF THE SERVICE; AND (iii) YOU FURTHER EXPRESSLY AGREE TO RELEASE AND DISCHARGE MYSTOCKMATE, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, SUB CONTRACTORS OR ASSIGNS, ITS THIRD PARTIES FROM ANY AND ALL CALIMS OR CAUSES OF ACTION RESULTING DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SERVICES, APP AND ITS WEBSITE CONTENT, ANY SERVICE OR ANY GAMES/CONTEST, AND (iv) YOU VOLUNTATY RENOUNCE OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEAGAL ACTION AGAINST MYSTOCKMATE FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF MYSTOCKMATE AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
6. MYSTOCKMATE SHALL NOT BE LAIBLE FOR ANY ACTS OR OMMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SERVICE.
7. Mystockmate may offer different forms of communication to interact with other patrons like chat features, group messaging, etc. Mystockmate does not play any role in these services except limited to providing services only. In regard to patron content and communication amongst patrons, Mystockmate plays a role of an “intermediary” as mentioned in Information Technology Act, 2000. Mystockmate is not obligated to monitor any patron communication and does not moderate or pre-screen any patron content posted or any communications exchanged by the patrons.
8. Any information or content available on the App and website through Services offered by Mystockmate is solely for entertainment purposes only and is not intended to provide any kind of advice on stock investment of shares or to provide detailed and researched information related to real life securities market. Any such information provided by Mystockmate must not be relied on and used for making any investments in the real-life securities market. The patron hereby is advised to conduct its own due diligence on its prior to investing and on its own accord. The patron hereby agrees to NOT HOLD MYSTOCKMATE LIABLE FOR ANY SUCH INVESTMENT. The Services offered by Mystockmate through its App does not encourage any individual or entities to invest in real life securities market.
9. By registering and using the Services of Mystockmate, and Mystockmate allowing its patrons to use the Services to the maximum extent permitted by law the patrons 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 Mystockmate, its respective agents, directors, officers, business associates, group companies, sponsors, employees, its affiliates and or involved third parties or representatives for all and any injuries, accidents, or mishaps (known or unknown; anticipated or unanticipated, foreseen or unforeseen) arising out of the provision of Mystockmate Services or related to the contests or the prizes of the contests.
The patron acknowledges and agrees that any content and/or any information available to the patron on the App and its Site (including but may not be limited to Games/Contests, software, advertisements, written content, names, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by Mystockmate, its partners, licensors and/or associates) may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Unless expressly authorized by Mystockmate or its affiliates, patron agrees not to alter, change, modify, reproduce, distribute, copy, or create derivative works based on the proprietary portions within the App, in whole or in part. You have no authority to reverse engineer, decompile, or disassemble, any or all portions in the App. The portions in the App owned by Mystockmate are the copyright of Mystockmate and all rights reserved. You agree that all Mystockmate’ trademarks, trade names, services, logos, marks, and service names are trademarks and are property of Mystockmate (the “Mystockmate Marks”). You agree that You will not display or use Mystockmate Marks in any manner without the express prior written permission of Mystockmate.
No reproduction or resale: The patron agrees to not to reproduce, sell, copy, duplicate, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
It is the responsibility of the patron for any materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the App. and represents and warrants that he/she owns all Intellectual Property Rights in the material posted by them and that no part of such posting infringes any rights of the third parties. Use or display the names, logos, labels, trademarks, marks, copyrights or any intellectual and proprietary rights of third parties is strictly prohibited. Patrons agree to indemnify and hold harmless Mystockmate, its directors, employees, affiliates, its associated third-parties, sub-contractors and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect to 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 the Application, by such patron or through the patron's commissions or omissions.
Patrons hereby by registering grants to Mystockmate and its affiliates, partners, licensors, marketing affiliates, business affiliates, its sub-contractors, and associates worldwide, an 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 patrons' Content for any of the following purposes:
1. to display and distribute content posted by the patron on the App electronically, on the website, or on Mystockmate App or through any other medium to its Mystockmate patrons for any marketing purposes,,
2. storing any content posted by the patron in a remote database accessible by end patrons, for a charge.
3. This license shall apply to the distribution and the storage of patrons' Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the App belonging to any person (including patron), 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 Mystockmate.
Wherever legal, the patrons by registering with Mystockmate agrees to use their name, voice, picture/photograph, or likeness for any advertising, publicity or other business purpose (including but not limited to development, production, distribution and/or exploitation of any Game or the App) at any time and may continue to use the materials generated until the patron terminates its account. The use of patron’s name, picture/photograph, voice, or likeness shall not be deemed to result in any invasion of patron’s privacy or in violation of any property right patron may have; and shall receive no additional consideration if his name, picture/photograph, voice, or likeness is so used. The patron further agrees that any negatives, prints or other material for printing or reproduction purposes prepared in connection with the use of his name, picture or likeness by Mystockmate shall be and are the sole property of Mystockmate.
Mystockmate from time to time will obtain market data feed and any other data/information that is essential and required for calculating or tabulating fantasy points from the third party service provider(s) and/or from the official website of the stock exchange or any such reliable source. In case of any error in the calculation or tabulation of fantasy points, selection of winners, abandonment of a Contest/match/Game, etc., as a result of inaccurate or incomplete feed fetched from the third party service providers, any other sources that Mystockmate may have relied including official website of the stock exchange, Mystockmate shall, if commercially viable, create reasonable efforts to rectify any such error prior to distributing the prizes to the winner(s).
Mystockmate relies on the third party market statistic feeds for accuracy and completeness and it does not warrant or make any representations concerning the accuracy of such feeds. In the even otherwise, Mystockmate does not accept any responsibility or liability for inaccurate or incomplete calculation and tabulation of fantasy points, incorrect selection of winners or any such data that may be inaccurate or incomplete that is received from third party providers. Patrons agree not to make any claim or raise any complaint against Mystockmate in this matter.
1. Mystockmate at its own discretion reserves the right to alter any offered prized to its winners for any reason including but not limited to unavailability of the prize, due to any human error, technical and or mechanical error, etc. before the game closes. You agree to not raise any claim or against Mystockmate or dispute or question its right/decision to any such alteration.
2. By accepting the Prize the Game winner agrees to bear any associated costs related to the prize including transaction charges for delivery of cash prizes, any delivery charges for kind prizes (including shipping and courier charges), any taxes attributable to the prize, transportation charges, packing charges, etc.
3. You acknowledge that any Prizes awarded by Mystockmate are non-exchangeable and cannot be redeemed for cash or kind. Any decision made by Mystockmate regarding prize award shall be deemed final, binding and non-contestable.
4. You further agree to relieve Mystockmate and not held liable for any loss or damage caused to any prizes at the time of such transportation/delivery.
5. In case, if any or part of these Terms and Conditions are considered illegal or becomes or is declared by any relevant court authority or any tribunal of competent jurisdiction to be illegal, void, invalid or is made unenforceable then any such provisions will be deemed cancelled and removed from the Terms and Conditions and will be construed as ineffective from its incorporation and will be deemed that such provisions have never been contained in these Terms and Conditions. However, the remainder of the provisions of these Terms and Conditions shall be considered valid and will be in effect.