AGORA

Agora is the flagship brand of Tencent Infotech LLP ("Agora"). Through Agora, along with its sub-pages, and the Agora App, Agora offers NSE equity based online fantasy games. Agora as used herein shall be construed as a collective reference to Agora and the Agora App.

• Any person ("User") accessing Agora or the Agora App ('Agora platform') for participating in the various contests and games (including fantasy games), available on Agora platform ("Contest(s)") ('Agora Services') shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Agora in relation to any Agora Services.
• Agora shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Agora in relation to any Agora Services, at any time, by posting the same on Agora. Use of Agora constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Agora in relation to any Agora Services, as may be amended from time to time. Agora 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 Agora, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Agora. 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 Agora
• Certain Agora Services being provided on Agora 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
• Agora may, at its sole and absolute discretion:
• Restrict, suspend, or terminate any User's access to all or any part of Agora or Agora Platform Services;
• Change, suspend, or discontinue all or any part of the Agora Platform Services;
• Reject, move, or remove any material that may be submitted by a User;
• Move or remove any content that is available on Agora Platform;
• Establish general practices and limits concerning use of Agora Platform;
• Offer discounts to its users in form it deems fit ("Cash Bonus"). All such discounts shall be credited in a separate account called as Cash Bonus Account
• In the event any User breaches, or Agora reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Agora or the Agora Services, Agora 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 Agora Contests or the Agora Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Agora and further, take technical and legal steps as it deems necessary
• If Agora charges its Users a platform fee in respect of any Agora Services, Agora shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Agora Services on account of any negligence or deficiency on the part of Agora, 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 Agora.
• Users consent to receiving communications such as announcements, administrative messages and advertisements from Agora or any of its partners, licensors or associates.

• Agora includes a combination of content created by Agora, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Agora and the Agora Platform and material published on Agora, 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 Agora, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Agora either in whole or in part without express written license from Agora
• Users may request permission to use any Agora content by writing in to Agora Helpdesk.
• Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Agora ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Agora. Users agree to indemnify and hold harmless Agora, 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 Agora, by such User or through the User's commissions or omissions
• Users hereby grant to Agora 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 Agora
• 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 Agora(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Agora.

• Agora may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Agora does not exercise control over any Internet sites apart from Agora and cannot be held responsible for any content residing in any third-party Internet site. Agora's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Agora of such third-party Internet site.
• 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 Agora 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.
• Agora contains content that is created by Agora as well as content provided by third parties. Agora 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 Agora Services provided on Agora including while participating in any of the contests hosted on Agora.

All information collected from Users, such as registration and credit card information, is subject to Agora's Privacy Policy which is available at Privacy Policy

• 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, Agora 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 Agora Services;
• deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Unutilised Account or Winnings Account (subject to deduction of applicable TDS with effect from 1st April 2023 as applicable) on the date of deactivation or deletion shall be transferred to the User's bank account on record with Agora 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 Agora). Users further agree to update and keep updated their registration information
• Users agree and acknowledge that the address related details provided, if any, by the user shall be treated as “Address on record” of the user for the purposes of Goods and Service Tax Act. In the event of the change in such details, the user shall promptly update his/her profile on the Agora platform or write to Agora at helpdesk.
• A User shall not register or operate more than one User account with Agora.
• Users agree to ensure that they can receive all communication from Agora by marking e-mails or sending SMSs from Agora as part of their "safe senders" list. Agora 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.
• Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Agora of any unauthorized use of accounts or any other breach of security.
• Users agree to exit/log-out of their accounts at the end of each session. Agora 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 Agora Services and/or Agora 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 Agora or Agora's Services.
• Users agree that without Agora's express written consent, they shall not modify or cause to be modified any files or software that are part of Agora's Services.
• Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Agora or the Agora's Services (each a "Server"); or (2) the enjoyment of Agora 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 Agora Services or any other person's use or enjoyment of Agora Services.
• Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Agora Services by any means other than the User interface provided by Agora, 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 Agora Services.
• User shall not to publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
• Without limiting the foregoing, Users agree not to use Agora 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, Agora, any software, hardware, or telecommunications equipment;
• To advertise, offer or sell any goods or services for any commercial purpose on Agora without the express written consent of Agora;
• 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 Agora, servers, or networks;
• To impersonate any person or entity, including, but not limited to, a representative of Agora, 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 Agora or to manipulate User's presence on Agora(s);
• To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
• To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
• To engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.
• If a User chooses a username that, in Agora's considered opinion is obscene, indecent, abusive or that might subject Agora to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Agora reserves the right, without prior notice to the User, to restrict usage of such names, which in Agora's opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from Agora, deny such User access to Agora, or any combination of these options.
• Unauthorized access to Agora is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Agora by any means other than through the interface that is provided by Agora for use in accessing Agora. 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 Agora is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Agora's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Agora.
• Users may reach out to Agora through -
• Helpdesk if the user has any concerns with regard to a match and/or contest within Forty Eight (48) 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 Agora Platform. The Users will have to disclose their real age at the time of getting access into the Agora Platform.
• Agora may not be held responsible for any content contributed by Users on the Agora. User hereby confirms that he / she is participating in a contest in personal capacity and not in the course of business and /or profession.

By entering a Contest, user agrees to be bound by these Terms and the decisions of Agora. Subject to the terms and conditions stipulated herein below, the Agora, 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 Agora 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 one's 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 Agora to enter a contest and/or claim a prize/winning.;
• Engaging in any type of financial fraud or misrepresentation including unauthorized 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
• Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
• 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 user's 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 Agora 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)

• In order to register for the Contest(s), Participants are required to accurately provide the following informations:
  • Full Name
  • Team Name(s)
  • E-mail address
  • Password
  • State of Residence
  • Gender
  • Date of birth
• Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
• In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.
• 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 may receive an email confirming their registration and containing their login information.

• As part of its services, Agora may make available the contest(s) on the Agora platform.
• Currently, following contests are made available on Agora platform: 1) A Fantasy Stock game. Individual users wishing to participate in the such contest ("“Participants"”) are invited to create their own fantasy portfolio consisting of real life stocks, involved in the real-life stock market (as applicable), to which the fantasy game relates. Agora offers its platform to Participants for fantasy stock's game Contest(s) being created and Participants can participate in such Contest(s) with their portfolio.
• Depending upon the circumstances of market, the participants can submit their portfolio till the official market start time as declared by the officials of the NSE market (which's 9:30 am). Agora reserves the right to abandon a specific contest or adjust the deadline of a contest in certain specific, uncertain scenarios, which are beyond Agora's reasonable control.
• Agora shall endeavor to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
• portfolios are awarded points on the basis of the real life stock performance at the end of a designated contest(s). The Participant(s) whose portfolio(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners ("Winners"). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their portfolio's aggregate score at the end of the designated contests.
• The Contest(s) across the Agora Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
  • "Fantasy Rules" available at How To Play page.
  • Other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s); and all Participants agree to abide by the same.
• Currently, there are paid versions of the Contest(s) made available on Agora platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing Agora services and pre-determined participant'’s contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.
• A Participant may create different portfolios for participation in Contest(s) in relation to a contest across the Agora Services. However, unless Agora specifies otherwise in relation to any Contest ("“Multiple Entry Contest"”), Participants acknowledge and agree that they may enter only one portfolio in any Contest offered in relation to a contest. In case of Multiple Entry Contest(s), a Participant may enter more than one portfolio in a single Multiple Entry Contest. In addition, it is expressly clarified that Agora may, from time to time, restrict the maximum number of portfolio that may be created by a single User account (for each format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by Agora in its sole discretion.
• Participant shall pay a pre-designated amount for participating in the contest(s) being created on the Agora platform. In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for the contest and may not participate in any paid version of the Contest(s).
• In two members and above public contests, where all participants have entered the contest with the exact same portfolio, in such event, contest prize money shall be equally divided amongst all participants and the amount shall be deposited in the Agora winning account of all participants. In the event a user is found to be violating this policy, the Company reserves the right to initiate appropriate action against such users as it deems fit, which shall also include forfeiture of the Cash Bonus Amount.
• Purpose of indicating a stocks's performance is only to provide information and assist a user in selecting his/her portfolio on Agora. While indicating a stocks's performance is given by Agora on the basis of information/data received through feed providers, publicly available information. Users are advised to do a thorough research of their own from official sources and/or other available sources of information. Agora, shall not take any liability, if a stock earlier indicated a certain price and actual price differs from the same.

• Currently, one format of contests are made available on Agora platform (1) Public Contests, where Users can participate in a Contest with other Users without any restriction on participation. All rules applicable to Contests as set out herein shall be applicable to formats of Contests.

• Public contest

  • In the Public contest format of the Contest(s), Agora may make available the Contest(s) comprising of 2 -– 100 Participants or any other pre-designated number of Participants.
  • Agora may create this format of the Contest(s) as a paid format and the Winner will be determinable at the end of the match as per rule of the contests.
  • 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 match, 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.
  • In certain Contests across the Agora Services, designated as “Guaranteed contests”, the Contest(s) shall become operational only when a minimum of two users join a Guaranteed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Guaranteed Contest, Agora shall continue with such contests and the short fall in the prize pool shall be borne by Agora.

• Private contest

  • In the Private contest format of the Contest(s), Agora enables Users to create a contest ("“Private contest"”) and invite other users, whether existing Users or otherwise, ("“Invited User"”) to create portfolios and participate in the Contest(s). Users may create a Private contest to consist of a pre-specified number of Participants, that is, consisting of either 2-20000 Participants. The User creating the Private contest shall pay the pre-designated amount for such Private contest and thereby join that Private contest and shall supply a name for the Private contest and be provided with a unique identification code ("contest Code") (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the Private contest, except for a change in the name of the contest. The User creating the Private contest shall provide Agora with the email address or Facebook account username of Invited Users to enable Agora to send a message or mail inviting such Invited User to register with Agora (if necessary) and participate in the Private contest in relation to which the invite has been issued.
  • In order to participate in the Private contest, an Invited User shall input the contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified number of Participants for that Private contest within 1 hour prior to the commencement of the Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
  • It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and Agora shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).

• Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
• The Contest (s) described above (across the Agora Services) are games of skill as success of Participants depends primarily on their superior knowledge of the equity stocks and company's fundamentals of finanace, other business aspects of the company, attention and dedication towards the Contest(s) and adroitness in playing the Contest(s).
• By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.

• 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.
• Agora may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.
• Persons who wish to participate must have a valid email address.
• Agora may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
• Only those Participants who have successfully registered on the Agora as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.

• Users by participating in a Contest(s) hereby authorize Agora to appoint a third party/ Trustee/Escrow Agent to manage users funds on users behalf. In respect of any transactions entered into on the Agora platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
  • The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee (inclusive of applicable GST) for access to the Agora Services charged by Agora and pre-determined participant’s contribution towards prize money pool.
  • Subject to these Terms and Conditions, all amounts collected from the User may held in a separate non-interest earning bank Accounts. The said accounts may be operated by a third party appointed by Agora in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals), (b) Agora (towards its Platform Fees) and to (c) Government (towards TDS on Net Winnings).
  • The Agora reserves the right to charge a Platform Fee, prior to a User's joining of such Contest. The Platform Fee (inclusive of applicable Goods and Service Tax (“GST”) thereon) will be debited from the User’s account balance and Agora shall issue an invoice for such debit to the User. User can view the GST paid on each paid contest join through invoices on ‘My Transaction’ page. The GST value listed on the users invoice shall be the final GST amount charged to the user.
  • The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that Agora has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance.
  • Any user availing Agora services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:
    • User's winnings in any Contest will reflect as credits to the User's Winnings Account.
    • User’s remitting the amount through the designated payment gateway shall be credited to User’s Unutlized Account’.
  • Each time a User participates in any contest on Agora platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.
  • In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s).
  • Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.
  • Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to Agora. Agora shall effect an online transfer to the User's bank account on record with Agora within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Agora 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 Agora. Users are requested to note that they will be required to provide valid photo identification, Pan Card and address proof documents for proof of identity and address in order for Agora 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 Agora, as well as the name and address existing in the records of the User's bank account as provided to Agora. In the event that no bank account has been registered by the User against such User's account with Agora, or the User has not verified his/her User account with Agora, to Agora's satisfaction and in accordance with these Terms and Conditions, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account, Agora shall not transfer any Winning amounts to the User.
  • Further, in order to conduct promotional activities, Agora may gratuitously issue Cash Bonus to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus must be used, as applied by Agora and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the user is subject to the sole discretion of Agora and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by Agora on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by Agora to such User. The Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The Cash Bonus shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with Agora or such account if terminated by Agora, all Cash Bonus granted to the user shall return to Agora and the User shall not have any right or interest on such Cash Bonus.
  • All Cash Bonus credited in the User account shall be valid for a period of 14 days from the date of credit. The unutilized Cash Bonus shall expire at the end of 14 days from the date of credit.
  • Users agree that once they confirm a transaction on Agora, they shall be bound by and make payment for that transaction.
  • The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Agora has on third parties, any transactions on Agora Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against Agora in respect of any delay, including any lost opportunity to join any Contest or match 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. Agora 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 of Winners

  Winners will be decided on the basis of the scores of the portfolio in a designated contest. The Participant(s) owning the portfolio(s) with the highest aggregate score in a particular contest shall be declared the Winner(s). In certain pre-specified Contests, Agora may declare more than one Winner and distribute prizes to such Winners in increasing order of their portfolio's aggregate score at the end of the designated Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest. Participants creating portfolio on behalf of any other Participant or person shall be disqualified. In the event of a tie, the winning Participants shall be declared Winners and the prize shall be equally divided among such Participants. Agora shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the Agora, Contest, "Fantasy Rules", etc.

• Contacting Winners

  Winners shall be contacted by Agora or the third party conducting the Contest 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 the User's PAN card;
  • Photocopy of a government-issued residence proof;
  • User's bank account details and proof of the same.
  
  Agora 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 Agora. 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. Agora 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 list of Winners shall be posted on a separate web-page on the Agora. The winners will also be intimated by e-mail.
  
  In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from Agora, such Participant may contact Agora within the time specified on the webpage.

• Verification process

  Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by Agora shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Agora shall not entertain any claims or requests for extension of time for submission of documents.
  Agora shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following reasons:

  • Determination by Agora 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 in Clause 10 above; or
  • Any other match.

• Taxes Payable
  • All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. With effect from 1st April 2023, TDS of 30% shall be deducted on Net Winnings (NW) on each withdrawal request placed by the user.
  • Net Winnings shall be calculated as follows: NW = (A+D)-(B+C+E). Where : A= Total withdrawal (including current withdrawal amount), B= Total Deposit, C= Opening Balance at the beginning of financial year, D= Closing balance of the user account at the end of financial year, E= Amount on which TDS was deducted.
  In the event, a user does not withdraw any of his winnings during a financial year and has Net Winning balance as at 31 March of each year, then TDS of 30% shall be deducted on such Net Winnings balance from the user’s Winning Account as on 31 March. In case of any revisions by the Government of India to the aforementioned rate or the definition of Net Winnings in the future, TDS will be deducted by Agora in accordance with the then current prescribed TDS rate and the revised definition of Net Winnings. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Net Winnings. Agora shall not in any manner be responsible for users individual tax matters.

• Miscellaneous

  The decision of Agora 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 not residents of any of the following Indian states - Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, Agora shall disqualify such Participant and forfeit any prize won by such Participant. Further Agora may, at its sole and absolute discretion, suspend or terminate such Participant's account with Agora. Any amount remaining unused in the User's Unutilised Account or Winnings Account ( subject to deduction Any of applicable TDS with effect from 1st April 2023 as applicable ) on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with Agora, subject to the processing fee (if any) applicable on such transfers as set out herein.
  
  If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Agora shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Agora may, at its sole and absolute discretion, suspend or terminate such Participant's account.
  
  To the extent permitted by law, Agora 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.
  
  Agora may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Agora or question its right to modify such prizes being offered, prior to closure of the Contest.
  
  Agora will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Agora shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
  
  The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
  
  The Winners shall bear all transaction charges levied for delivery of cash prizes.
  
  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.