Legalitiy
Check the our legality guidelines
1. The Terms
1.1. These Terms and Conditions is a legally binding document and is an electronic record in the form of an
electronic contract formed under Information Technology Act, 2000 and rules made thereunder. These Terms and
Conditions must be read in conjunction with the Terms of Use of the App (hereinafter referred to as “Terms of
Use”) and the Privacy Policy of the App (hereinafter referred to as “Privacy Policy”).These Terms of Service
(the “Terms”) are a legal and binding agreement between users (“Users”) and XL11, in relation to all games and
applications made available by XL11 (jointly and interchangeably referred to as the “Services”), and any
information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded,
communicated, transmitted or otherwise made available via the above mentioned Services (jointly referred to as
the “Content”).
1.2. By accessing and/or using the Services, Users agree to be bound by these Terms and XL11 Privacy
Policy, as stated on paragraph 5.
1.3. Users state that they are of legal age (minimum 18 years of age) to access the Services and
Content.
1.4. IMPORTANT NOTICE:
THE CONTEST IS OPEN TO INDIAN CITIZENS, EXCEPT THE RESIDENTS OF ANDHRA PRADESH, SIKKIM, NAGALAND
AND TELANGANA.
IF YOU ARE RESIDING AND/OR ACCESSING THE APP FROM ANY REGION/STATE/COUNTRY WHERE THE CONTEST IS PROHIBITED OR
RESTRICTED BY LAW OR OTHER REASONS, THEN YOU ARE PROHIBITED FROM REGISTERING AND PARTICIPATING IN THE CONTEST.
YOU ARE RESPONSIBLE FOR COMPLIANCE OF ANY LAWS THAT ARE APPLICABLE ON YOUR COUNTRY/DOMICILE/STATE/RESIDENCE. IN
CASE YOU PARTICIPATE IN THE CONTEST BY MISREPRESENTATION, THEN XL11 SHALL IN ITS SOLE DISCRETION HAVE THE RIGHT
TO DISQUALIFY YOU AT ANY STAGE OF THE PROCESS, FORFEIT ANY PRIZE (AS DEFINED BELOW) AND TAKE LEGAL ACTION
AGAINST YOU.
IF YOU ARE FOUND OR SUSPECTED TO BE DEFRAUDING THE SYSTerms OF THE CONTEST IN ANY MANNER THEN YOU SHALL BE
DEBARRED FROM PARTICIPATING IN THE CONTEST AND XL11 MAY TAKE LEGAL ACTION AGAINST YOU.
EMPLOYEES OF XL11, ITS RESPECTIVE HOLDING, SUBSIDIARIES, ASSOCIATE COMPANIES AND THIRD-PARTY SERVICE PROVIDERS
WHO HAVE BEEN ENGAGED BY XL11 FOR THE DEVELOPMENT, PROMOTION, ADMINISTRATION OR EXECUTION OF THE CONTEST, AND
THEIR FAMILY/HOUSEHOLD MEMBERS ARE NOT ELIGIBLE TO PARTICIPATE IN THE CONTEST.
IN CASE OF ANY DISPUTE REGARDING THE APP OR THE CONTEST, XL11’S DECISION SHALL BE FINAL AND BINDING.
XL11 RESERVES THE RIGHT TO CHANGE OR MODIFY THIS TERMS AND CONDITIONS FROM TIME TO TIME, PROSPECTIVELY OR
RETROSPECTIVELY, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR INTIMATION TO YOU. YOU ARE REQUESTED TO CAREFULLY
READ THESE TERMS AND CONDITIONS FROM TIME TO TIME BEFORE USING THE APP OR PARTICIPATING IN CONTEST. IT SHALL BE
YOUR RESPONSIBILITY TO CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. XL11 MAY REQUIRE YOU TO
PROVIDE YOUR DIRECT OR INDIRECT CONSENT TO ANY UPDATE IN A SPECIFIED MANNER BEFORE FURTHER USE OF APP OR
PARTICIPATION IN THE CONTEST. IF NO SUCH SEPARATE CONSENT IS SOUGHT, YOUR CONTINUED USE OF APP OR PARTICIPATION
IN THE CONTEST, FOLLOWING SUCH CHANGES, WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE CHANGES.
XL11 RESERVES THE RIGHT TO WITHDRAW OR DISCONTINUE OR TERMINATE THE CONTEST AT ANY STAGE WITHOUT PRIOR NOTICE
AND WITHOUT ANY LIABILITY WHATSOEVER TO YOU.
THE CONTEST IS VOID WHERE PROHIBITED BY LAW.
2. The Services
2.1. XL11 gives Users in compliance with these Terms a personal, royalty-free, non-assignable,
non-exclusive and revocable limited license to use the software that is provided as part of the Services. This
license is for the sole purpose of enabling the own personal private use from Users to enjoy the Services as
provided by XL11, in the manner according with by these Terms. The Services may change or being modified from
time to time without prior notice or communication. Furthermore XL11 may, at its own discretion, cease totally
or partially, and/or permanently or temporarily the provision of the Services or Users accounts without prior
notice or communication.
2.2. The Services may include advertisements, which may be targeted to the Content or information on the
Services, queries made through the Services, or any other information. The types and extent of advertising by
XL11 on the Services are subject to change. In consideration for XL11 granting you access to and use of the
Services, you agree that XL11 and its third party providers and partners may place such advertising on the
Services or in connection with the display of Content or information from the Services whether submitted by you
or others.
2.3. When access games included in the Services, the specific rules, scoring, controls and guidelines
for each game can be found within the game itself. Such rules are integral part of the Terms, which Users shall
agree and comply.
2.4. Any charges related to Users for accessing the Services, including but not limited to internet
connection and/or mobile or data charges are full responsibility of such Users.
3. Content
3.1. Subject to your compliance with these Terms, XL11 grants you a limited, non-exclusive,
non-transferable, non-sublicensable license to access and view the Content solely in connection with your
permitted use of the Services and solely for your personal and non-commercial purposes.
The Content available through the Services has not been verified or authenticated by us, and may include
inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our
Services or any Content on the Services, relating to the quality, suitability, truth, accuracy or completeness
of any content contained in the Services. You acknowledge sole responsibility for and assume all risk arising
from your use or reliance of any Content.
4. Users accounts
4.1. Users are responsible for safeguarding the password that use to access the Services. XL11 encourage
Users to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and
symbols) with the accounts. XL11 cannot and will not be liable for any loss or damage arising from Users failure
to comply with the above.
4.2. Users agree to take all steps necessary to protect log in details and keep them secret, and not
give login details to anyone else or allow anyone else to use their login details or account, including log in
details and account for any social network or platform that Users may allow the Services to interact with. XL11
shall not have any responsibility for the consequences of failure by Users to these provisions, and agree to
fully compensate XL11 for any losses or harm that may result. Furthermore, XL11 shall not be responsible for any
loss that Users may suffer as a result of an unauthorized access to their accounts and/or use of the Services,
and XL11 accepts no responsibility for any losses or harm resulting from this unauthorised use, whether
fraudulently or otherwise.
5. Contests, Deals, Levels and In App purchases
XL11 may conduct promotions, including, without limitation, contests, consolation prizes, Level
redemptions. Apple is not involved in any way with the contest. Each promotion may have additional Terms and
rules, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be
deemed incorporated into and form a part of this agreement.
5.1. Pricing of, Purchasing and Availability of Levels. XL11 rewards its users certain Levels as per the
company’s discretion and a proprietary algorithm that factors in multiple variables viz. number of games played
etc. XL11 Levels has no monetary value and does not constitute currency or property of any type. You acknowledge
that you are not entitled to a refund for any unused Levels or unused Virtual ITerms when XL11 stops making an
Application available, whether such action is taken at XL11 ́s discretion or due to unforeseen events.
5.2. The price payable by you is the price, if applicable, indicated in the Application itself. When you
purchase a license to use our Services, or purchase a subscription to use an Application, you agree to pay
taxes, levies and any other Statutory/Govt. dues by whatever name called, where applicable, that we or our agent
assesses on your purchase. We reserve the right to change the price and specifications shown in relation to any
Application, any subscription, Levels, deals and ITerms etc. We do not offer any returns or cancellations of
purchases unless the user satisfies any minimum performance criteria that’s decided by XL11 and mentioned on the
App.
5.3. As for any competition or deal that’s placed in the Application, XL11 reserves complete rights for
the following:
- Decision pertaining to competition format and content - Decision pertaining to the prizing structure
6. Privacy Policy
6.1. Any information that Users provide to XL11 is subject to the Privacy Policy, which governs the
collection and use of the information. Users understand that through their use of the Services, they consent to
the collection, use, and transfer of such information, as set forth in the Privacy Policy, which forms an
integral part of these Terms.
6.2. XL11 will only collect, process, use and share Users information in accordance with the Privacy
Policy and as set out in these Terms. By using the Services, Users give their consent to collecting, processing,
using and sharing with third parties their personal data in such way. Users who do not agree to Privacy Policy
should not access and/or use the Services. Any personal information that may be collected may also be subject to
the policy of any social network that Users may linked the Services to.
6.3. XL11 may send communications like announcements, administrative messages, or promote and market its Services, via text message (SMS/RCS) or other media, on contact channels submitted by a User to create their account or use the Services, as per its Privacy Policy.
7. Intellectual Property
7.1. Users acknowledge that all copyright, trademarks, and other intellectual property rights in and
relating to the Services, is owned by or licensed to XL11. By submitting Content on or through the Services,
Users grant XL11 a worldwide, non-exclusive, royalty-free license -with the right to sublicense- to use, copy,
reproduce, process, adapt, modify, publish, transmit, display, distribute and make derivative works of such
Content in any and all media or distribution methods now known or later developed.
7.2. Users must not copy, distribute, make available to the public or create any derivative work from
any Content belonging to XL11 and/or any other User. XL11 respects the intellectual property rights of others
and expects Users to do the same. If Users or any third party believe that their Content has been copied in a
way that constitutes copyright infringement, they
shall provide XL11 with the following information: (i) a physical or electronic signature of the copyright owner
or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been
infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit the location of the material; (iv) contact information, including address, telephone
number, and an email address; (v) a statement that such User or third party have a good faith belief that use of
the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that such
User or third party is authorized to act on behalf of the copyright owner.
7.3. XL11 reserves the right to remove Content alleged to be infringing without prior notice, at its
sole discretion, and without any liability
8. Breach
8.1. XL11 reserves the right at all times to remove or refuse to include, distribute and/or display any
Content on the Services, to suspend or terminate Users, and to reclaim usernames and/or any channel name without
any liability. XL11 also reserves the right to access, read, preserve, and disclose any information as it
reasonably believed is necessary to satisfy any applicable law, regulation, legal process or governmental
request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or
otherwise address fraud, security or technical issues, or to protect its rights, property or safety, its Users
and third parties.
8.2. Users shall not do any of the following while accessing or using the Services: access, tamper with,
or use non-public areas of the Services, XL11’s computer sysTerms, or the technical delivery sysTerms of XL11’s
providers; probe, scan, crack, track and/or test the vulnerability of any system or network, or breach or
circumvent any security or authentication measures; access or search or attempt to access or search the Services
by any means (automated or otherwise) other than through the currently available, published interfaces provided
and only pursuant to these Terms, forge any TCP/IP packet header or any part of the header information in any
email or posting, or in any way use the Services to send altered, deceptive or false source-identifying
information; or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network,
including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or
by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the
Services. Users shall provide accurate and up to date information when creating their accounts and/or using the
Services. Accounts are limited at one per User. The sell or transfer of any account or part of it, Content,
iTerms and/or any part of the Services is strictly prohibited.
8.3. XL11 reserves the right to suspend or terminate any access to the Services, including by
terminating or deleting any accounts and any Content related without any notice or communication, if there is a
reasonably belief that such User is in breach of these Terms. In the event of any breach, Users who caused shall
compensate XL11 for all losses, harm, claims and expenses that may arise.
9. Disclaimers
9.1. All right, title, and interest in and to the Services, according to the provisions set on these
Terms, are and will remain the exclusive property of XL11 and its licensors. Services are protected by
copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the XL11 name or any of
the XL11 trademarks, logos, domain names, properties and other distinctive brand features.
9.2. These Terms will continue to apply until terminated by either Users or XL11 as follows: (i) Users
may end this legal agreement with XL11 at any time for any reason, by discontinuing the use of the Services and
contacting support@xl11.in to delete their account, provided that they will still be responsible for all the
conditions set in this Term for the time they used the Services. Accounts may be deactivated and/or deleted due
to prolonged inactivity; (ii) XL11 may suspend or terminate Users accounts or cease providing with all or part
of the Services at any time for any reason, including, but not limited to, if there is a reasonably belief that
such Users have violated these Terms or created a risk or possible legal exposure; or if at its own discretion
the provision of the Services is no longer commercially and or technically viable.
9.3. Each of the subsections below only applies up to the maximum extent permitted under applicable law.
Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
9.4. The access to and use of the Services or any Content are at Users’ own risk. Users understand and
agree that the Services are provided on an "as is" and "as available" basis. Without limiting the foregoing, to
the maximum extent permitted under applicable law, XL11 disclaims all warranties and conditions, whether express
or implied, of merchantability, fitness for a particular purpose or non-infringement.
9.5. XL11 makes no warranty and disclaim all responsibility and liability for: (i) the completeness,
accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to
Users’ computer system or mobile device operating system, loss of data, or other harm that results from access
to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any
Content and other communications maintained by the Services; and (iv) whether the Services will meet Users
requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether
oral or
written, obtained from XL11 or through the Services, will create any warranty not expressly made herein.
9.6. The Services may contain links to third-party websites or resources. Users acknowledge and agree
that XL11 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or resources. Links to such websites
or resources do not imply any endorsement by XL11 of such websites or resources or the content, products, or
services available from such websites or resources. Users acknowledge sole responsibility for and assume all
risk arising from its use of any such websites or resources.
9.7. To the maximum extent permitted by applicable law, XL11 shall not be liable for any indirect,
incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred
directly or indirectly or any loss of data, use, good-will, or other intangible losses, resulting from (i) the
access to, use of, or inability to access to or use the services; (ii) any conduct or content of any third party
on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or
third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of
Content; or (v) any natural calamities.
9.8. In no event shall the aggregate liability of XL11 exceed the total amount that such User has paid
to XL11 in the six month period ending on the date of the claim, to a maximum of One Thousand Indian Rupees (INR
1000). The limitations shall apply to any theory of liability whether based on warranty, contract, statute, tort
(including negligence) or otherwise, and whether or not XL11 has been informed the possibility of any such
damage, and even if a remedy set forth herein is found to have failed its essential purpose.
9.9. The failure of XL11 to enforce any right or provision of these Terms will not be deemed a waiver of
such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable,
then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions
of these Terms will remain in full force and effect.
9.10. These terms shall be governed by and construed in accordance with the laws of Nagaland Government
as well as Republic of India. All claims, legal proceedings or litigation arising in connection with the
Services will be brought solely in the relevant courts located in the city of Delhi/New Delhi – INDIA. Users
consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
9.11. XL11 is a skill based Online Pool game i.e. skill game which is clearly defined in the recently
passed by an Act of Government of Nagaland under The Nagaland Prohibition of Gambling and Promotion and
Regulation of Online Games of Skill Act, 2015 (Act No.3 of 2016) and The Nagaland Prohibition of Gambling and
Promotion and Regulation of Online Games of Skill Rules, 2016 in which Skill Game and allow to run/operate of
this type of skill games.
As per Section 2(3) of The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of
Skill Act, the definition of “Games of Skill” is reproduced as under,
“Games of Skill” shall include all such games where there is preponderance of skill over chance, including where
the skill relates to strategizing the manner of placing wagers or placing bets or where the skill lies in team
selection or selection of virtual stocks based on analyses or where skill relates to the manner in which the
moves are made, whether through deployment of physical or mental skill or acumen”.
Explanation: For the purpose of this Act-
- All Games provided in Schedule A of this Act shall fall under the category of “Games of Skill”,
- ‘Games’ which have been declared or determined to be ‘games of skill’ by India or International courts
or other statutes, or games where there are domestic and international competitions and tournaments, or games
which can be determined to be ‘games of skill’ shall further be entitled to be included in Schedule A,
- Games of skill may be (a) Card based and (b) action/virtual sports /adventure/ mystery and (c)
calculation/Strategy based.”
Supreme Court of India in the case of Dr. K.R. Lakshmanan vs. State of Tamil Nadu And Anr on 12 January,
1996 (1996) AIR 1153, 1996 SCC(2) 226 wherein the word Games of Skill has clearly been stated which is
reproduced as under,
“A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated
- is one in which success depends principally upon the superior knowledge, training attention, experience and
adroitness of the player. Golf, chess and even fantasy are considered to be games of skill. The Courts have
reasoned that there are few games, if any, which consists purely of chance or skill, and as such games of chance
is one in which the element of chance predominates over the element of skill, and a game of skill is one in
which the element of skill predominates over the element of chance. It is dominant element – “skill” or “chance”
– which determines the character of the game”.
9.12. XL11 Game runs in India except the States which has banned/prohibited or to be prohibited to
run/operate of XL11 Games. In spite of this, any User runs and/or operate the XL11, he will be solely
responsible for the same.
9.13. XL11 skill based game is not Gambling and Lotteries.
9.14. These Terms, which include the Privacy Policy, are the entire and exclusive agreement between XL11
and Users regarding the Services,
excluding any services for which Users may have a separate agreement explicitly in addition or in place of these
Terms, and these Terms supersede and replace any prior agreements between XL11 and Users regarding the Services.
9.15. XL11 may revise these Terms from time to time, the most current version will always be on the
mobile application. XL11 reserves the right, but not the obligation, in its sole discretion, to notify any
modification via e-mail to the email associated with Users account. However, by merely continuing to access or
use the Services after those revisions become effective, Users agree to be bound by the revised Terms. These
Terms were last updated on 18th April 2018.
10. Tax & TDS Policy
10.1. Any tax/levies/duty etc., as applicable, shall be paid by the user of the game of XL11
10.2. TDS is deducted on net winning amount on XL11 before releasing the winnings prize/product/amount
and/or in whatever name is called.
10.3. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 30% TDS should
be deducted on any Net winning.
10.4. The person responsible for paying shall, before releasing the winnings, collect the TDS amount
from the winner.
10.5. Your prize can only be redeemable after TDS deduction. TDS amount is to be paid to XL11 as
provided by Section 194B read with Section 115BB of the Income Tax Act, 1961.
10.6. The User will have to provide his valid PAN card copy so that XL11 Games can file TDS deducted
accordingly.
10.7. TDS has to be paid within 24 hours. Kindly give us time period of 15 working days to deliver your
prize.
10.8. To claim your winning product, if TDS as applicable by govt. (as per Section 194B read with
Section 115BB of the Income Tax Act, 1961) on your winning, winner gets 24 hrs time to pay TDS from the time of
winning to claim their prize. If user fails to pay TDS within 24 hrs his/her winning will be considered as
expired.
Note: XL11 cannot and will not be liable for any loss or damage arising from Users mobile connectivity
etc..
Brief about Us : XL11 stands out to be India's most authentic and trusted fantasy sports platform,
providing sports enthusiasts to play and earn big in games of skill for cricket enthusiasts. Our platform
resonates with a rapidly growing user base, allowing fans to showcase their fantasy knowledge and earn rewards.
We at XL11 have upgraded this platform as per the demands of the modern world!
