Timbuktu Timbuktu is the flagship brand of Timbuktu Entertainment Private Limited ("Timbuktu"). Timbuktu as used herein shall be construed as a reference to the Timbuktu App.
Usage of Timbuktu
Any person ("User") accessing Timbuktu or the Timbuktu App ('Timbuktu platform') for participating in the various competitions and games as a participant or a judge (including competitions and their derivatives), available on Timbuktu platform ("Competitions(s)") ('Timbuktu Services') shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Timbuktu in relation to any Timbuktu Services.
Timbuktu shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Timbuktu in relation to any Timbuktu Services, at any time, by posting the same on Timbuktu. Use of Timbuktu constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Timbuktu in relation to any Timbuktu Services, as may be amended from time to time. Timbuktu 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 Timbuktu, 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 Timbuktu. 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 Timbuktu
Certain Timbuktu Services being provided on Timbuktu 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
Timbuktu may, at its sole and absolute discretion:
Restrict, suspend, or terminate any User's access to all or any part of Timbuktu or Timbuktu Platform Services;
Change, suspend, or discontinue all or any part of the Timbuktu Platform Services;
Reject, move, or remove any material that may be submitted by a User;
Move or remove any content that is available on Timbuktu Platform;
Establish general practices and limits concerning use of Timbuktu Platform;
Offer discounts to its users in form it deems fit ("Rewards"). All such discounts shall be credited in a separate account called as Rewards Account
Revise or make additions and/or deletions to the roster of creators available for selection in a Competition;
Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
In the event any User breaches, or Timbuktu reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Timbuktu or the Timbuktu Services, Timbuktu 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 Timbuktu Competitions or the Timbuktu Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Timbuktu and further, take technical and legal steps as it deems necessary
If Timbuktu charges its Users a platform fee in respect of any Timbuktu Services, Timbuktu shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Timbuktu Services on account of any negligence or deficiency on the part of Timbuktu, 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 Timbuktu.
Users consent to receiving communications such as announcements, administrative messages and advertisements from Timbuktu or any of its partners, licensors or associates.
Intellectual Property
Timbuktu includes a combination of content created by Timbuktu, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Timbuktu and the Timbuktu Platform and material published on Timbuktu, including (but not limited to) competitions, derivatives, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Timbuktu, 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 Timbuktu either in whole or in part without express written license from Timbuktu
Users may request permission to use any Timbuktu content by writing in to Timbuktu support.
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 Timbuktu ("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 Timbuktu. Users agree to indemnify and hold harmless Timbuktu, 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 Timbuktu, by such User or through the User's commissions or omissions
Users hereby grant to Timbuktu 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 Timbuktu
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 Timbuktu(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 Timbuktu.
Third Party Sites, Services and Products
Timbuktu 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. Timbuktu does not exercise control over any Internet sites apart from Timbuktu and cannot be held responsible for any content residing in any third-party Internet site. Timbuktu's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Timbuktu of such third-party Internet sites.
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 Timbuktu 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.
Timbuktu contains content that is created by Timbuktu as well as content provided by third parties. Timbuktu 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 Timbuktu Services provided on Timbuktu including while participating in any of the contests hosted on Timbuktu.
Privacy Policy All information collected from Users, such as registration and credit card information, is subject to Timbuktu's Privacy Policy which is available at Privacy Policy
User Conduct
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Timbuktu 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 Timbuktu 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 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 Timbuktu 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 Timbuktu). 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 Timbuktu platform or write to Timbuktu atTimbuktu Support.
A User shall not register or operate more than one User account with Timbuktu.
Users agree to ensure that they can receive all communication from Timbuktu by marking e-mails or sending SMSs from Timbuktu as part of their "safe senders" list. Timbuktu 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 Timbuktu 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. Timbuktu 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 Timbuktu Services and/or Timbuktu 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 Timbuktu or Timbuktu’s Services.
Users agree that without Timbuktu's express written consent, they shall not modify or cause to be modified any files or software that are part of Timbuktu'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 Timbuktu or the Timbuktu’s Services (each a "Server"); or (2) the enjoyment of Timbuktu 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 Timbuktu Services or any other person's use or enjoyment of Timbuktu Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Timbuktu Services by any means other than the User interface provided by Timbuktu, 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 Timbuktu 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 Timbuktu 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, Timbuktu, any software, hardware, or telecommunications equipment;
To advertise, offer or sell any goods or services for any commercial purpose on Timbuktu without the express written consent of Timbuktu;
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 Timbuktu, servers, or networks;
To impersonate any person or entity, including, but not limited to, a representative of Timbuktu, 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 Timbuktu or to manipulate User's presence on Timbuktu(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 Timbuktu's considered opinion is obscene, indecent, abusive or that might subject Timbuktu to public disparagement or scorn, or a name which is an official creator handle names and/or name of any creator personality, as the case may be, Timbuktu reserves the right, without prior notice to the User, to restrict usage of such names, which in Timbuktu’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 Timbuktu, deny such User access to Timbuktu, or any combination of these options.
Unauthorized access to Timbuktu is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Timbuktu by any means other than through the interface that is provided by Timbuktu for use in accessing Timbuktu. 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 Timbuktu is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Timbuktu's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Timbuktu.
Users may reach out to Timbuktu through Timbuktu Support
Persons below the age of eighteen (18) years are not allowed to participate in any of the competitions, games (by whatever name called) on the Timbuktu Platform as a judge, however they can participate as a creator. The Users will have to disclose their real age at the time of getting access into the Timbuktu Platform.
Timbuktu may not be held responsible for any content contributed by Users on the Timbuktu.
User hereby confirms that he / she is participating in a contest in personal capacity and not in the course of business and /or profession.
Conditions of Participation: By entering a Contest, user agrees to be bound by these Terms and the decisions of Timbuktu. Subject to the terms and conditions stipulated herein below, the Timbuktu, at its sole discretion, may disqualify any user from a Competition, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Timbuktu deems to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other Users which includes, but is not limited to:
Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by Timbuktu 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 Competition 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 Competition 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 Rewards misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
Tampering with the administration of a Competition or trying to in any way tamper with the computer programs or any security measure associated with a Competition;
Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Timbuktu Users, sending unwarranted email content either to selected Users or in bulk); or
Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of this policy, Timbuktu reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
Registration for a contest
In order to register for the Competition(s), Participants are required to accurately provide the following information:
Full Name
Phone number
Gender
Date of birth
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
Competition(s), Participation and Prizes
As part of its services, Timbuktu may make available the contest(s) on the Timbuktu platform.
Currently, following competitions are made available on Timbuktu platform: 1) Various Talent Competitions 2) Derivatives of these Competitions
Depending upon the circumstances of each Competition, the participants can edit their votes till the official end time as declared by Timbuktu.
Timbuktu has clearly mentioned its point system under the ‘Learn How’ section.
Currently, there are paid versions of the Competition(s) made available on Timbuktu platform. Users may participate in the Competition(s) by paying the pre-designated amount as provided on the relevant Competition page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing Timbuktu 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 competition shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Competition(s) page.
In case the aggregate points scored by the users are equal, competition prize money shall be equally divided amongst all participants and the amount shall be deposited in the Timbuktu winning account of all participants.
Legality of Game of Skill
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 Competition(s) and their Derivatives described above (across the Timbuktu Services) are games of skill as success of Participants depends primarily on their superior knowledge and understanding of the artform, content and understanding of data.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
Eligibility
The Competitions are open only to persons above the age of 18 years.
The Competitions are open only to persons, currently residing in India.
Persons who wish to participate must have a valid phone number.
Only those Participants who have successfully registered on the Timbuktu as well as registered prior to each competition end time in accordance with the procedure outlined above shall be eligible to participate in the Competitions and win prizes.
Payment Terms
In respect of any transactions entered into on the Timbuktu platform, Users agree to be bound by the following payment terms:
The payment of pre-designated amount Users make to participate in the Competition(s) is inclusive of the pre-designated platform fee (inclusive of applicable GST) for access to the Timbuktu Services charged by Timbuktu and pre-determined participant’s contribution towards prize money pool.
Subject to these Terms and Conditions, all amounts collected from the User are held in a separate bank Account. The said accounts are operated by a third party appointed by Timbuktu in accordance with Clause 10 of these Terms and Conditions. Timbuktu receives only its share of the platform Fees out of the deposits made in the game.
The Timbuktu 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 Timbuktu 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 Timbuktu 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 Competition 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 Timbuktu services are provided with four categories of accounts for the processing and reconciliation of payments: (i) Deposit wallet (ii) Winnings wallet (iii) Rewards wallet (iv) Magic wallet. 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 Wallet.
User will deposit funds to participate in contests in the Deposits wallet. These deposits are non-refundable.
User will receive welcome bonus, scratch card winnings, refer and earn winnings in the rewards wallet.
User can buy passes and get a fixed reward valid for 24 hours every day in the magic wallet.
Each time a User participates in any contest on Timbuktu platform, the pre-designated amount shall be debited in the User’s Deposit wallet.
In case there is any amount remaining to be paid by the User in relation to such User’s participation in any Competitions(s), the User will be taken to the designated payment gateway to give effect to such payment.
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 Timbuktu 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 Timbuktu, as well as the name and address existing in the records of the User's bank account as provided to Timbuktu. In the event that no bank account has been registered by the User against such User's account with Timbuktu, or the User has not verified his/her User account with Timbuktu, to Timbuktu'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, Timbuktu shall not transfer any Winning amounts to the User.
Further, in order to conduct promotional activities, Timbuktu may gratuitously issue Rewards to the User for the purpose of participation in any Competitions(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Rewards. The usage of any Rewards issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Rewards must be used, as applied by Timbuktu and notified to the User at the time of issue of such amount. The issue of any Reward to the user is subject to the sole discretion of Timbuktu and cannot be demanded by any User as a matter of right. The issue of any Rewards by Timbuktu on any day shall not entitle the user to demand the issuance of such Rewards at any subsequent period in time nor create an expectation of recurring issue of such Rewards by Timbuktu to such User. The Rewards granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Competition, in accordance with these Terms and Conditions. The Rewards 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 than as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with Timbuktu or such account if terminated by Timbuktu, all Rewards granted to the user shall return to Timbuktu and the User shall not have any right or interest on such Rewards.
All Rewards credited in the User account shall be valid for a period of 24 hours in case of magic wallet from the date of credit. The unutilized Rewards shall expire at the end of 24 hours from the date of credit. However, there is no expiry for rewards from welcome bonus and refer-and-earn.
Users agree that once they confirm a transaction on Timbuktu, 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, any transactions on Timbuktu may take up to 24 hours to be processed. Any amount paid or transferred into the User's Rewards wallet, Winnings Wallet or Magic Wallet may take up to 24 hours to reflect. Similarly, the utilization of the Rewards or money debited from 'Deposit' Account may take up to 24 hours to reflect. Users agree not to raise any complaint or claim against Timbuktu in respect of any delay, including any lost opportunity to join any Contest due to delay in crediting of transaction amount into any of the User's accounts A transaction, once confirmed, is final and no cancellation is permissible. Timbuktu 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 if the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
Tabulation of points Timbuktu obtains score based on the votes of all the users judging the competitions. Users have to vote for the best 3 out of 7 creators in a competition. A Crown carries 30 points, A Star carries 20 points and a Heart carries 10 points. The score of the creator is the average points he/she receives from all the judges. If a judge doesn’t vote for a creator, it is counted as zero points. The score of the judge is calculated as 30x(Score of the creator he/she gave a Crown) + 20x(Score of the creator he/she gave a Star) + 10x(Score of the creator he/she gave a Heart).
Selection and Verification of Winners and Conditions relating to the Prizes
Selection of Winners Winners shall be chosen according to the accuracy of their judgement in the contest in which they participate. In case of the basic competition, the players have to select three creators out of seven in a competition, which they feel are most likely to win. Of those three, players can pick who they think is likely to get the highest votes, the second highest and the third highest. Depending on the voting results, the winners receive points and cash prizes. In case of derivatives, players get to refine their judgement by predicting which rank each of the seven contestants is likely to get. The results are the same as the basic competitions. The prize is determined by the accuracy of judgement.
Contacting Winners Winners can enter their UPI id and the money will be credited to the account linked to that id.
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. With effect from 1st May 2023, Net Winnings shall be calculated as follows:
NW = A-B-C-D+E. Where : A= Total withdrawal (including current withdrawal amount), B= Total Deposit, C= Opening Balance at the beginning of financial year, D= Amount on which TDS was deducted. E= Closing balance of the user account at the end of financial year.
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 Timbuktu 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. Timbuktu1 shall not in any manner be responsible for users' individual tax matters.
Miscellaneous The decision of Timbuktu with respect to the awarding of prizes shall be final, binding and non-contestable.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Timbuktu shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Timbuktu may, at its sole and absolute discretion, suspend or terminate such Participant's account.
Timbuktu may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Timbuktu or question its right to modify such prizes being offered, prior to closure of the Contest.
The Winners shall bear all transaction charges levied for delivery of cash prizes.
All prizes are non-transferable.
Publicity Acceptance of a prize by the Winner constitutes permission for Timbuktu, and its affiliates to use the Winner's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired by Timbuktu without any charge.
General Conditions If it comes to the notice of Timbuktu that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Timbuktu that conduct of any such Contest(s) is prohibited, then Timbuktu shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.
Employees are not eligible to participate in any Public Contest(s).
Dispute and Dispute Resolution
The courts of competent jurisdiction at Jaipur shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Timbuktu Services provided by Timbuktu (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Timbuktu, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Jaipur, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent Timbuktu from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Timbuktu's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Timbuktu to pursue any remedy for monetary damages through the arbitration described herein.
Release and Limitations of Liability
Users shall access the Timbuktu Services provided on Timbuktu voluntarily and at their own risk. Timbuktu shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Timbuktu Services (including participation in the Competitions(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the Timbuktu Services provided therein, Users hereby release from and agree to indemnify Timbuktu, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Timbuktu Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
Timbuktu accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to their access of Timbuktu Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Timbuktu Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Timbuktu and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Timbuktu on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Timbuktu harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Timbuktu or participation in any Competitions. In no event shall Timbuktu be liable to any User for acts or omissions arising out of or related to User's engagement with the Timbuktu or his/her participation in any Competitions(s).
In consideration of Timbuktu allowing Users to access the Timbuktu Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Timbuktu, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Timbuktu Services or related to the Contests or the prizes of the Contests.
Disclaimers
To the extent permitted under law, neither Timbuktu nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, Timbuktu shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Timbuktu services or sites, cancellation of competition and prizes. Timbuktu disclaims any responsibility for, and if a User pays for access to one of Timbuktu's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Timbuktu's maintenance on the servers or the technology that underlies our sites, failures of Timbuktu's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Timbuktu does not provide any warranty as to the content on the Timbuktu(s). Timbuktu(s) content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through Timbuktu is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
Timbuktu shall make best endeavours to ensure that the Timbuktu(s) is error-free and secure, however, neither Timbuktu nor any of its partners, licensors or associates makes any warranty that:
the Timbuktu(s) will meet Users' requirements,
Timbuktu(s) will be uninterrupted, timely, secure, or error free
the quality of any products, Timbuktu Services, information, or other material that Users purchase or obtain through Timbuktu(s) will meet Users' expectations.
In case Timbuktu discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Timbuktu reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Timbuktu agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
To the extent permitted under law, neither Timbuktu nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Timbuktu Services, events or Contest(s) being hosted or provided, or intended to be hosted on Timbuktu platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Timbuktu Services, events or Competitions(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Competitions, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
Miscellaneous
Timbuktu may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Timbuktu posting them on the Timbuktu App or delivering them to the User through the phone number provided by the User at the time of registration.
Timbuktu shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Timbuktu's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Timbuktu's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Timbuktu or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Timbuktu Entertainment Private Limited and govern your use of the Timbuktu, superseding any prior agreements that any User may have with Timbuktu Entertainment Private Limited.
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
Timbuktu reserves the right to moderate, restrict or ban the use of the Timbuktu, specifically to any User, or generally, in accordance with Timbuktu's policy/policies from time to time, at its sole and absolute discretion and without any notice.
Timbuktu may, at its sole and absolute discretion, permanently close or temporarily suspend any Timbuktu Services (including any Competition(s)).
Grievance Redressal Mechanism
In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism for such claims), (ii) your access to the Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by contacting Timbuktu Support
The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:
A clear identification of the copyrighted work allegedly infringed;
A clear identification of the allegedly infringing material on the Platform;
Your contact details: name, address, e-mail address and phone number;
A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law;
A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
Your signature or a signature of your authorized agent.
On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.