Terms & Conditions

These Terms and Conditions (“Terms”) are published in accordance with the Information Technology Act, 2000 and the Rules made thereunder. The Information Technology (Intermediaries Guidelines) Rules, 2011 under Rule 3(1) requires publishing of Terms and Conditions on the website and apps of the service provider. In accordance with the same, below are the Terms of Better Opinions (“Better Opinions” or “Company” or “Better App”), which will govern the use of www.spotgames.in and the Better App, and Spot Games.

For purposes of this Agreement, the terms “Better app”,”Better app website”, “Better”, “Spot Games”, “Spot Games website”, “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of the website, application and/or Services.

• USAGE OF THE BETTER APP/Spot Games
  • The Terms govern the use of the Better App and Spot Games. Please read these Terms carefully before you use the Better App/Spot Games. By installing, downloading and using the Better App and/or Spot Games, you contractually agree to accept the Terms of the Company(including but not limited to the Company’s Privacy Policy, which is hereby incorporated by reference). The Terms take effect upon you using the Better App and/or Spot Games. If you wish to opt-out of the Terms, you will have to discontinue using the services of the Better App and/or Spot Games and request for your information to be deleted, if you have shared the same with the Better App and/or Spot Games.
  • Any person accessing the Better App for participating in the various events available on Better App and/or Spot Games shall be bound by these Terms, and all other rules, regulations and terms of use referred to herein or provided by Better App and/or Spot Games.
  • The Company shall be entitled to modify these Terms, rules, regulations and terms of use referred to herein or provided by Better App and/or Spot Games in relation to any Better App and/or Spot Games services, at any time. Use of Better App and/or Spot Games constitutes the User’s acceptance of such Terms, rules, regulations and terms of use referred to herein or provided by Better app and/or Spot Games in relation to any Better app and/or Spot Games services, as may be amended from time to time. We reserve the right to modify the Terms, at any time of our choosing. We will notify you when material changes have been made to the Terms. The factum of whether the change is material or not is left to the discretion of the Company. You will therefore be responsible for checking the Terms on a regular basis to understand whether the same have been updated. Your continued use of the services of Better App and/or Spot Games pursuant to any change implies that you agree to the modified Terms.
  • Certain Better App/Spot Games services being provided on Better App and/or Spot Games may be subject to additional rules and regulations set down in that respect, including, but limited to state laws. To the extent that these Terms are inconsistent laws of any jurisdiction, the laws will prevail.
  • Better App and/or Spot Games may, at its sole and absolute discretion:
    • Restrict, suspend, or terminate any User’s access to all or any part of the Company’s services.
    • Change, suspend, or discontinue all or any part of the Company’s services.
    • Reject, move, or remove any material that may be submitted by a User.
    • Move or remove any content that is available on Better App and/or Spot Games.
    • Deactivate or delete a User’s account and all related information and files on the account.
    • Establish general practices and limits concerning use of Better app 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.
    • 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).
• APPROPRIATE USAGE OF BETTER OPINIONS AND/OR Spot Games
  • You agree, undertake and confirm that your use of the Better Opinions and/or Spot Games shall be strictly governed by the following binding principles:
    • You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
      • belongs to another person and to which the user does not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in
      • any manner whatever;
      • harm minors in any way;
      • infringes any patent, trademark, copyright or other proprietary rights;
      • violates any law for the time being in force;
      • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      • impersonates another person;
      • is misleading or misrepresentative in any way;
      • encourages bigotry, racism, harassment, or physical harm on another person;
      • encourages the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
      • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • contains unauthorised confidential information regarding individuals;
  • You shall not be allowed to gain any unauthorized access to Better Opinions and/or Spot Games, or any server, computer, network, or any other infrastructure associated with the platform, by hacking or any other means.
  • You shall not in any manner attempt to intercept, interfere or attempt to interfere with the proper working of Better App and/or Spot Games or any transaction being conducted on Better App and/or Spot Games.
  • You may not use the Better App and/or Spot Games platform or any content on the Better App and/or Spot Games platform for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of the Company and/or others.
  • The Company can, at its own discretion, remove content from the platform, which may in spirit or letter violate the Terms. Notwithstanding this right, you shall remain solely responsible for any content generated by you on the platform, including but not limited to, any messages sent via the platform.
• PRODUCTS AND SERVICES
  • Not all products and services referred to on this website are necessarily provided by us. The identification or use of any third party products, services, websites or networks is not an endorsement of such products, services or websites or networks. This website may allow you to access websites and networks provided by persons other than us via a hypertext or other link. We accept no responsibility or liability of any kind in respect of any materials on any website or network that is not under our direct control. You acknowledge that your access to such other websites or networks via such a link may require us to provide certain information about you to the proprietor of that website or network. Nothing in this website is intended to be nor should it be understood by you as being investment advice from or by us.
  • This website/app may contain references to other special offers or promotions by persons who are not part of our group of companies. Subject to any applicable law that cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the goods or services available from these persons. Your obtaining of goods or services from these persons is at your own risk. You indemnify each member of our group of companies against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to on this website.
• PRIVACY POLICY
  • All information collected from Users, such as registration and UPI information, is subject to Better App’s Privacy Policy
• USER CONDUCT AND GENERAL TERMS OF USE
  • Users agree to abide by these Terms and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and all other rules, regulations and terms of use, the Company 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 Better App/Spot Games services;
    • completely restricting any access of the user to the Better App/Spot Games App in case the user indulges in any fraudulent activity, including access to the wallet of the user;
    • Deactivating or deleting a User’s account and all related information and files on the account.
    • Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Better App and/or Spot Games). Users further agree to update and keep updated their registration information.
  • A user shall not register or operate more than one user account with Better App and/or Spot Games.
  • Users agree to ensure that they can receive all communication from the Company. The Company 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.
  • Any password issued by Better App to a User may not be revealed to anyone else. Users may not use anyone else’s password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify the Company of any unauthorized use of their passwords or accounts or any other breach of security.
  • Users agree to exit/log-out of their accounts at the end of each session. The Company 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 cheat codes, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Better App Services/ Spot Games services and/or Better App/ Spot Games 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 Better App/ Spot Games or Better App’s Services/Spot Games services
  • Users agree that without the Company’’s express written consent, they shall not modify or cause to be modified any files or software that are part of the Company’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 the Company p or the Company’s Services (each a “Server”); or (2) the enjoyment of Company’s 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 Better App services/Spot Games services or any other person’s use or enjoyment of Better App Services.
  • Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to the Company by any means other than the user interface provided by Better App, 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 the Company’s services.
  • Users shall not 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.
  • Use of the Better App/Spot Games platform is subject to existing laws and legal processes. Nothing contained in these Terms shall limit the Company’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of the Company’s app(s).
  • Persons below the age of eighteen (18) years are not allowed to register with, trade or play via the Better App/Spot Games platform. All persons interested in becoming Better App/Spot Games users must disclose their age at the time of getting access to the Better App/Spot Games platform. If a person declares a false age, the Company shall not be held responsible and such person shall, in addition to forfeiting any and all rights over their Better App/Spot Games account, shall indemnify and hold Better App, its Directors, officers, employees, agents, affiliates harmless of any and all losses that may be suffered by Better App its Directors, officers, employees, agents, affiliates by virtue of such false declaration being made. In case the person making the false declaration is below the age of 18 such person’s legal guardians shall indemnify and hold the Company, its Directors, officers, employees, agents, affiliates harmless of any and all losses that may be suffered by the Company its Directors, officers, employees, agents, affiliates by virtue of such false declaration having been made by said person.
  • You will not (a) use any services provided by the Company for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact help@betteropinions.in.
  • You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
  • We endeavour to make the services available to you on an uninterrupted basis. However, we do not represent that access to the services will be uninterrupted, timely, error-free, free of viruses or other harmful components or that such defects will be corrected.
  • You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
  • We do not warrant that Better App/ Spot Games will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of Better App/Spot Games or your obtaining any material from, or as a result of using, the services. We shall also not be liable for the actions of third parties.
  • The Company may not be held responsible for any content contributed by users on the Better App/Spot Games platforms.
  • We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms , and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
• Spot Games TERMS
  • Spot Games is an online fantasy contest in which users are invited to pay money to play the game, thereby allowing users access to build and act as owners of online teams with Youtube videos that compete against online teams of other users with results tabulated on the basis of statistics generated by the real videos during a pre determined time period.
  • Users can participate in a contest with other users without any restriction on participation, unless specified otherwise in the rules.
  • All Users while selecting a fantasy team for any contest are provided with the same points. Any change in the points shall be applied uniformly for all players. All users must pick from the same list of videos and are bound by the same rules while picking the composition of their respective teams.
  • Users can make changes to their fantasy teams only until the deadline of the registration for the contest and not thereafter. Users need to select at least one video per category.
  • Fantasy Teams are awarded points on the basis of the real-life video performances at the end of a designated time period. The participants whose Fantasy Teams have achieved the highest aggregate scores in the contests shall be declared winners. The points will be based on the parameters set in the contest, such as views/likes or comments.
  • The ranks and credits of players keep fluctuating during a contest depending on the performance of a video. The points status appearing next to Users’ total points indicate if the league is in progress or completed.
• ELIGIBILITY
  • The Better App/Spot Games platforms are open only to persons above the age of 18 years.
  • The Better App/Spot Games platforms are open only to persons currently residing in India. It is not open to persons residing in Odhisha, Telangana, Assam, Nagaland, Sikkim, and Arunachal Pradesh.
  • Persons who wish to participate must have a valid email address.
  • Better App/Spot Games may on receipt of information bar a person from participation and/or withdrawing amounts from their Better App account if such person is found to be one with insider knowledge of certain specified future events on which such person is/has placed a bid.
  • Only those users who have successfully registered on the Better App Platform/Spot Games shall be eligible to trade/play on the platform.
• WALLETS
  • There are 3 wallets present on the Better App/Spot Games, which include the following:
    • Promotional Wallet
    • Winnings Wallet
    • Topup Wallet
  • Money towards referrals, joining bonus, beginners contests etc are added to the promo wallets of users. A percentage of money can be used to join other contests and place trades, but the same cannot be withdrawn.
  • Top up wallet contains money added as topup by users to their deposits. This amount can be used to join other contests and place trades, but the same cannot be withdrawn.
  • The usage of promotional bonus will depend on event to event and contest to contest. The Company reserves the right to modify the same as it deems fit.
• PROMO AND WINNINGS EXPIRY
  • Promotional Balance is required to be used within 14 days of the same being credited. After 14 days, the unused amount will be deducted from the wallet.
  • Winnings remaining in the wallet, unused for 90 days will be deducted from the wallet.
• DISCLAIMER AND LIMITATION OF LIABILITY
  • To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to this website, or our failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.
• HARM, SUICIDE AND BULLYING
  • Better App/Spot Games strongly discourages any form of harm to users including but not limited to bullying, self harm, suicide and psychological harm.
  • Any user indulging in bullying, encouragement of self harm, or psychological harm will be banned from the platforms.
  • Aside from this, we also have strong Responsible Gaming policies to ensure that users do not incur huge losses, including by having loss limits.
  • In case You are in a state which could result in psychological harm or self harm, please write to us at help@betteropinions.in.
• BOOKINGS AND FINANCIAL TERMS
  • Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
  • We have a third party payment gateway system. You will be directed to our third party payment gateway for all the payments, and are also separately subject to terms and conditions governing the use of the payment gateway services. You will be required to independently review the terms and conditions and privacy policy governing the third party gateway. Upon your payment, you will receive a confirmation email and message summarizing your booking.
  • You will be required to provide your credit card, debit card or internet banking details to the approved payment gateway service provider. You covenant to provide accurate details to this service provider and covenant that that card/internet banking details do belong to you. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
• DISCLAIMERS
  • Better App/Spot Games may be under constant upgrades, and some functions and features may not be fully operational
  • Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. as a result, we do not represent that the information posted is correct in every case.
  • We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
  • You acknowledge that third party services are available on the platform. we may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. however, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party.
  • The information provided hereunder is provided “as is”. we and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. multiple responses may usually be made available from different sources and it is left to the judgment of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
  • We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. in no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
  • In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
• SOVEREIGNTY AND NATIONAL SECURITY
  • Better App/Spot Games are accessible only in India and only to nationals of India. The Company ensures the same by ensuring that there are geo-blockers in place which will stop anyone from outside the country from accessing the platform. Further, the Company also conducts extensive KYC checks to ensure that only Indian nationals can access the products.
  • The Company does internal due diligence to ensure that nothing published on the Better App/Spot Games threatens the national security of the country in any manner or is against the sovereignty of India.
  • Further, the content published on the platform is vetted to ensure that no content in any manner could potentially affect the friendly relationship between India and any other country.
  • Further, the Company does not accept investments from any country that is deemed to be a country with whom India does not share friendly relations.
• INTELLECTUAL PROPERTY
  • We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, on Better App/Spot Games , and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may print off one copy, and may download extracts, of any page(s) from Better App/Spot Games for your personal reference and you may draw the attention of others within your organisation to material available on the Better app/Spot Games.
  • You must not use any part of the materials on Better app/Spot Games for commercial purposes without obtaining a licence to do so from us or our licensors.
• JURISDICTION
  • These Terms are governed by the law in force in India, and the parties irrevocably submit to the non-exclusive jurisdiction of the Indian courts for determination of any dispute concerning the terms and conditions.
• AMENDMENT
  • Whilst we have made every effort to ensure the accuracy of the information on this website, the information given on the website is subject to change, often without notice.
• SEVERABILITY
  • If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction then that provision or, if permissible, the relevant part of it, will be severed in respect of that jurisdiction. The remainder of the Terms and Conditions will have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause will have no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
• NOTICES
  • We may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.
• TERMINATION
  • We have the right to terminate your use of this website if we determine in our sole discretion that you have breached the terms and conditions.
• OTHER TERMS
  • By registering, you are considered to have accepted and understood all the Terms herein and the relevant Game specific rules and regulations. We recommend that you keep a copy of all transactions, gaming rules, cancellation and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms by you does not amount to surrendering or waiving our rights to act with respect to any prior, concurrent, subsequent or similar breaches.
  • You understand and acknowledge that once a game has commenced, not being able to play due to slow internet connections, faulty hardware, technical failure due to customer’s hardware, internet connection failure, low computer configuration or for any other reason not attributable to us does not require us to issue a refund of the participation amount you may have paid for participation.
  • In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service at our end, as a policy, we will cancel the Game(s) and refund the participation amounts after proper verification and no service fee will be charged for such Games and you accept that we are not responsible to you in all such cases. For any game, we have the right to cancel and refund the participation amount. In no case, other than a server crash, are we accountable for any of the User’s disconnections from the server. We are also not liable for any prospective Winnings from any incomplete game.
  • We do not hold any liability to any disconnection, lag, freeze or interference in network on the User’s computer or any other external networks.
  • In the event any User is found undertaking any fraudulent activity on the Platform, Company shall be entitled, at its sole and absolute discretion, to suspend or terminate such User’s account. Company reserves the right to permanently block the account of the User involved in such activity. Any amounts deposited by such User on the Platform shall stand forfeited. Company reserves the right to impose monetary penalties on Users found to be undertaking in such practices on the Platform.
  • We reserve the right to withhold any necessary action, as it deems fit, against Users found indulging in unfair means. The action could include, inter alia, monetary penalties, temporary account suspension, redemption blocking and/or permanent account deactivation. Any User involved in violation of these Terms is liable for prosecution.