TERMS OF USE

Preliminary Information
1. This domain name swoop.games is operated by Webutech PTE. LTD. (hereinafter “Swoop”). These Terms constitute an agreement between you, the user, and Swoop.
2. Swoop is a technology services entity that operates the Swoop platform (“Platform”) to offer online sports fantasy games and quizzes (“Services”).
3. Our Services and these Terms are in consonance with the Information Technology Act, 2000 and all other applicable laws.
4. This document is an electronic record in terms of the Information Technology Act, 2000 and Rules made there under.
5. This electronic record has been generated by a computer and does not require physical/digital signatures.
Applicability
1. You represent and warrant to us that you are above the age of 18, have the ability and the necessary power and authority to understand and agree to these Terms. Please note that persons below the age of eighteen (18) years and persons who are not residents of India shall not use the Services or participate in any Contest (as defined below).
  You also represent that you are not an employee, affiliate, agent or consultant to any entity that participates or organizes any of the underlying games on which the Contests are based. For example, you are not an employee of a cricketing league.
2. The use of the Platform by you is governed by these Terms, the Swoop Rules (available at swoop.games).
3. Our Platform is rapidly evolving which results in adding and terminating services from time to time. We, therefore, reserve the right to change, modify or amend the Terms or set out new applicable policies from time to time.
4. A continued use of the Services will be deemed as your consent to such amendments to additions to the Terms. We may, from time to time, notify you of such amendments.
The Platform
1. Swoop is a technology company that creates software and technology including the Platform to enable various online fantasy sports contests and quiz contest (“Contests”). You shall comply with these Terms while accessing the Platform and the Services and while participating in any Contest. The Platform hosts both paid Contests (“Paid Contests”) and unpaid Contests.
  You authorise Swoop to manage your funds on your behalf, either directly or through appointed third parties.
2. The Platform provides access to games of skill. By agreeing to these Terms, you agree that you are not located in any of Assam, Arunachal Pradesh, Odisha, Sikkim, Nagaland, or Telangana at the time of participating in any Paid Contest.
3. Swoop reserves the right to suspend, cancel or modify a Contest or take any other similar action with respect to the Services, you the users, and/ or the Contests in cases of the violation of the Terms, any applicable law, or on requests of governmental authorities or court orders. Furthermore, we may change, amend or suspend, cancel or modify our Platform or the Services in the event that there is a change in applicable law. Swoop has the right but not the obligation to notify you prior to any such action. You shall not make any claim in respect of such action to Swoop
How to participate
1. You shall be required to create an account and provide details as may be required prior to participating in any Contests. You may also be required to provide third party verification information such as email ids or phone numbers or log in through third party platforms to create your account. You must have a valid email id, phone number and have a PAN Card and Bank Account to be able to effectively participate and withdraw winnings in a Paid Contest.
2. While some Contests are free, you may deposit amounts with directly or with the help of payment partners with Swoop for Paid Contents. This amount shall be reflected in you Swoop Playing Account. As a user, you shall apply the whole or part of the deposit as a fee (“Fee”) to participate in a Paid Contest.
3. Finally, any prize winnings awarded to you as per the Rules of the Game shall be deposited in your Winnings Account in Bitcoin. We reserve the right to transfer any amounts payable to you in connection with your activities on the Swoop platform through cryptocurrency payments, including bitcoin payments, to your cryptocurrency wallet address. The cryptocurrency wallet required for such transfers shall be determined by Swoop at its sole discretion.
4. We may from time to time and at our sole discretion transfer the amounts payable to you in local currency (INR) through transfers to your bank account. Conversion rates and fees will apply.
Third parties
1. Swoop may engage third party vendors for operation of the Platform and/ or Contests and for related services, including, but not limited to, facilitation of payments, collection of Fees, dissemination of winnings, and/ or participation/verification of users. Such third-party vendors may be engaged to provide tools, technologies, services and information in order to operate the Platform. Such tools, technologies, services and information are used/ provided on the Platform on an as-is where-is basis Swoop does not make any representation or warranty with respect to the accuracy, efficacy or reliability of any such tool, technology, service or information. You acknowledge that Swoop shall not be liable, in any way, for any deficiency or inaccuracy therein. Without limitation to the above, Swoop may utilise third party vendors to facilitate participation in Contests and payments.
2. Any correspondence and activities with third party vendors on the Platform are solely between you and such third parties. Such correspondence/ activities shall be subject to the terms and conditions and policies adopted by such third party. Swoop shall not be responsible or liable for any loss or damage incurred by you as a result of any such correspondence/activity with third parties. Any question, concern or claims related to any third-party product or service available on the Platform should be directed to the appropriate vendor.
3. The Platform may contain links to other websites owned and operated by third parties. Your use of such third-party websites is governed by the terms and conditions of such websites. Swoop is not responsible, in any way, for any content on such third-party websites.
Security measures required to use our Platform
1. You may be required to register to access the Services by providing us with current, complete and accurate information that may be required from you such as your name, email address, phone number, address and other details. You agree to keep such information provided to Swoop updated at all times. You may be prompted to choose a password at the time of registering.
2. You shall only register one account with the Platform at a time. You shall not access the Platform from an account that does not belong to you. You shall also be responsible for ensuring the confidentiality of your password and account. You also agree to ensure that only you shall use your account. Please also ensure that you have the relevant precautions and checks available to ensure device and network security. Please exit from the Platform at the end of each session especially when you are using public or shared computers or when using your account in a public space so that others are not able to view or record your password or other personal information.
3. You shall not use or launch any “robots”, “spiders”, “offline readers” etc. or any other automated system, that accesses the Platform in a manner that sends numerous automated requests to Swoop’s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes.
4. You shall not use the Platform in any manner or take any action that may damage, disable, overburden, harm, potentially harm or impair any of Swoop’s servers, or the networks, computer systems/resources connected to any of Swoop’s servers, or interfere with any other person’s use of this Platform. You shall not disrupt, place an unreasonable burden or excessive loads on, interfere with, or make or attempt to make any unauthorised access to the Platform. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape the Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your account. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.
5. You shall not collect or harvest any personally identifiable information, including account names, from the Platform. You shall not use any communication systems provided by the Platform for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Platform with respect to their information, transaction data, or communication.
6. Please notify us of any unauthorized use of your account or any other breach of security. Swoop will not be liable for any loss that you may incur. You may not use anyone else's account at any time, without the permission of the account holder.
Electronic Communication
1. When you use this website or send emails or other data, information or communication to Swoop, you agree and understand that you are communicating with Swoop through electronic records.
2. You consent to receive communications from Swoop via electronic records. Swoop may communicate with you via email, SMS, Whatsapp, phone, notices posted on this website, or through other modes of communication, electronic and otherwise.
3. You agree that all agreements, notices, disclosures and other communication that Swoop sends to you electronically shall be deemed to be adequate service and satisfy any legal requirement that such communication be in writing.
Restriction of Access
1. We reserve the right to withhold any necessary actions , including but not limited to disqualify you from any Contest limit your activity, immediately remove your information, warn other users of your actions, temporarily or indefinitely suspend or terminate or block your membership, bar you from accessing our Services or Platform, forfeit your cash balance, revoke any prize money, bonus received by you and/or refuse to provide you with access to this Platform in the following situations:
  - if you engage in or suspected of engaging in any cheating or fraudulent or colluding or unfair game practice.
  - if you violate these Terms, the Swoop Rules the Swoop Privacy Policy, any other documents, agreements, rules, policies, terms and conditions set out by us, or any other applicable law,
  - if we are unable to verify or authenticate any information provided by you, or
  - if provisions of our Services is illegal in the jurisdiction form where you are accessing our Platform or using our Services.
  - if we believe that your actions may cause legal liability for other users or Swoop.
2. Once a user has been suspended, terminated or blocked, you may not register or attempt to register with Swoop or use its Platform, either directly or indirectly in any manner whatsoever unless such decision has been reversed. We may on a review and on the user taking certain recommended actions reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with Swoop or use the Platform in any manner whatsoever until such time that such user is reinstated with Swoop.
3. Swoop reserve the right to, freeze your account, forfeit prizes, bonus or any money lying in your account with the Platform, recover any amounts due and owed by you to us and to take strict legal action including but not limited to referral to appropriate authorities for initiating criminal or other proceedings against you in case any action taken by you violates any applicable law or these Terms or any other documents that they incorporate by reference or which may cause legal liability to us or other users.
4. In addition to the above, we retain the right to terminate access of any user to certain areas or features of the website with or without notice to such user. We also reserve the right to deny access to particular user(s) to any or all of our Services or content without notice in order to protect the interests of Swoop and/ or other user(s) of the website.
Limitation of Liability
1. To the extent permitted under law, Swoop nor its affiliates, directors, officers, employees, shareholders or professional advisors assume any liability with respect to any loss or damage arising directly or indirectly due to:
  - any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of a user,
  - for any removal, inability to store, failure to deliver on time or to deliver at all any information or material,
  - any harm caused to you from downloading or accessing any material on the Platform,
  - non-availability or quality of the Services and/ or cancellation or modification of any Contests, including non-distribution or reduction in prize money, and
  - quality of the Swoop servers.
2. The Platform, and all the materials, products (including but not limited to, software) and Services on it, are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without limitation to the anything contained in these Terms, in no event shall you be entitled to a refund of any fee paid by you to Swoop as a result of any non-availability or inferior service quality of the Services due to reasons outside Swoop’s reasonable control.
3. Swoop does not warrant the service quality of the Services including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
4. In no event shall Swoop, or any of its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers (including distributors and content licensors) be liable for any special, incidental, punitive direct, indirect or consequential damages suffered as a consequence of:
  - a breach of the Terms by another user; or
  - arising out of the use of or the reliance on any of the Services.
5. In the event any exclusion contained herein be held to be invalid for any reason and Swoop or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of Swoop or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding the charges or amounts paid to Swoop for use of the Platform or the Services in the month preceding the date of the claim.
6. You acknowledge that you are accessing the Platform, utilising the Services and participating in the Contests voluntarily. Swoop shall in no way be liable for any loss suffered by you in relation to the Services or as a result of accepting any Prize Money.
Assignment

These Terms, and any rights granted hereunder, may not be transferred or assigned by you. Swoop may transfer, assign, sub-contract or appoint an agent in relation to any of its rights or obligations.
Licence, Access and Intellectual Property Rights
1. Subject to your compliance with these Terms, Swoop grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services.
2. This does not provide you the right to:
  - make any derivative use of any service provided by Swoop,
  - copy, modify, distribute, reverse engineer, or exploit in any manner the technology underlying the Platform/ Services or any files or software which are a part of the Platform/ Services,
  - download, copy, or make any other use of account information for the benefit of any third party, or
  - use any data mining tools, robots, or similar data gathering and extraction tools
3. All rights not expressly granted to you in these Terms are reserved and retained by Swoop. No material on this website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Swoop.
4. Swoop has the right to use any feedback, information, ratings, insights provided by any user for any purpose whatsoever including, but not limited to, improving the Platform, the Services or developing any product, without providing any compensation or acknowledgement to such user. By submitting this information to Swoop, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such feedback, including the right to display, use, reproduce or modify the feedback in any media, software or technology of any kind now existing or developed in the future.
5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Swoop without express written consent. You may not use any meta tags or any other "hidden text" utilizing Swoop’s name or trademarks without the express written consent of Swoop. The license granted by Swoop terminates, and Swoop has the right to limit, prevent access or take any other measure, if you do not comply with these Terms.
6. All material on this Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of Swoop and third parties. Material on this website is solely for your personal, non-commercial use. Swoop does not guarantee the accuracy, quality, or integrity of any content on the Platform and such content may not relied upon by you in course of utilising the Services.
7. The Platform uses certain logos and names of sports teams and sports leagues which may be the intellectual property of third parties. The use of such third-party logos and names is merely denominative, i.e., to identify the relevant sports teams and sports leagues. There is no association or contractual arrangement between Swoop and the proprietors of such logos and names nor does Swoop and/ or the Platform have the endorsement of such persons. Any claims against such names and logos must be directly addressed to the concerned proprietors.
8. You must not copy, reproduce, republish, modify, upload, post, transmit, distribute, create derivative works of, transfer, or in any other way exploit any material on the Platform in any way, including by email or other electronic means and whether directly or indirectly, and you must not assist any other person to do so.
9. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
10. In the event that you accept prize money in relation to a Paid Contest, you grant Swoop the right to use your name, image, voice and comments for the purposes of promoting the Swoop platform. You agree to co-operate with Swoop in this regard and participate in promotional activities such as press interactions, photo shoots, and other functions.
Indemnity
1. You agree to indemnify and hold harmless Swoop, its parent entities, any of its subsidiaries, affiliates and each of its shareholders, officers, directors, agents and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Swoop, made by any third party arising out of your breach or non-performance of these Terms or the documents they incorporate by reference or your violation of any law, rules or regulations or the rights of a third party.
2. Swoop may notify you of any claims which you shall be liable to indemnify Swoop against. You will then be required to consult with Swoop regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Swoop without the express prior written consent of Swoop which can be withheld or denied or conditioned by Swoop in its sole discretion.
Non-Waiver

Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.
Relationship

None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and Swoop and you shall have no authority to bind us in any manner, whatsoever. These Terms are solely for your and Swoop’s benefit and not for the benefit of any other person, except for permitted successors and assigns under these Terms.
Survival

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the usage period.
Mechanism for Complaints

In case any transaction or attempted transaction in violation of these Terms and/or any applicable law, rules, regulations, etc. come to your knowledge, or if you have any queries or concerns regarding the terms of use, please feel free to reach out to our grievance officer at: contact@swoop.games
Dispute resolution

Subject to specific agreements relating to dispute resolution, disputes shall be subject to the laws of Singapore. However, users may be able to initiate action against Swoop in Indian courts for certain types of matters (for example, criminal complaints or consumer rights issues).
Governing law

These Terms and all documents incorporated herein by reference shall be governed and construed in accordance with the laws of Singapore. However, users may be able to initiate action against Swoop in the courts of Bangalore for certain types of matters, examples for which are provided in section 17.