Terms And Conditions


YesNo

YesNo is a platform owned and operated by Lunarbounds Pvt. Ltd. YesNo is a unique platform (hereinafter referred to as the “platform”) that provides its users/ subscribers/ players with a place where they can play various skilled-based games which will enhance their knowledge and further, use their knowledge to win rewards. All the games on the platform require its users/subscribers/players to use their skills to play and win the games and prize money. The platform will additionally help its users/ subscribers/ players to upgrade their knowledge and skills by providing information about the different current topics trending in the country and world.


Usage of YesNo

Any person/ users/ subscribers/ players ("User") accessing YesNo for participating in any of the skill-based games available on the platform shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by YesNo in relation to any YesNo Services.

YesNo shall be entitled to modify these Terms and Conditions, at any time, by posting the same on the Platform. Use of the Platform constitutes the User's acceptance of these Terms and Conditions. Further, the User agrees that the referred Terms and Conditions herein or provided by the Platform, as may be amended from time to time without any prior notice. YesNo may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, by way of updating or sending notifications about the same on the website. In the event, the User does not want to accept the new Terms and Conditions then the User may use the option on the Platform notification to indicate non-acceptance of the modified Terms and Conditions. If such options are not exercised by the User within the time frame prescribed in the notification, the User will be deemed to have accepted the modified Terms and Conditions.

In case these Terms and Conditions are inconsistent with the amended Terms and Conditions set down herein, the amended conditions shall prevail.

YesNo may, at its sole and absolute discretion:

In the event any User breaches or YesNo reasonably believes that such User has breached any of these Terms and Conditions, or has illegally or improperly used Platform, YesNo may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to Platform, and/or deactivate or delete the User's account and all related information on the account, and/or further, take technical and legal steps as it deems necessary.

Users shall pay a platform fee without any delay. In the event, YesNo suspends or removes any user on account of any negligence or deficiency on the part of YesNo shall refund the platform, 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 YesNo.

Users consent to receiving communications such as announcements, administrative messages and advertisements from YesNo or any of its partners, licensors or associates.


Intellectual Property

Intellectual Property shall mean all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of each and every jurisdiction throughout the Territory. Intellectual Property includes patents, trademarks, service marks, trade names, registered designs, copyrights, rights of privacy and publicity and other forms of intellectual or industrial property, know how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets and any licenses and permissions in connection therewith, in each and any part of the Territory and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.

YesNo shall own all the Intellectual properties including the combination of content created by YesNo, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ('Intellectual Property Rights') in all software underlying YesNo Platform and material published on Platform, including (but not limited to) games, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and animation, is owned by YesNo, 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 YesNo either in whole or in part without express written license from YesNo.

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 YesNo. Users further confirm and undertake to not display or use of any names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on YesNo. Users agree to indemnify and hold harmless YesNo, 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 YesNo, by such User or through the User's commissions or omissions.

Users hereby grant to YesNo 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:

This license shall apply to the distribution and storage of Users' Content in any form, medium, or technology.

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on YesNo (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 YesNo.

Third-Party Sites, Services and Products.

Platform 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. YesNo does not exercise control over any Internet sites apart from YesNo and cannot be held responsible for any content residing in any third-party Internet site. YesNo inclusion of third-party content or links to third-party Internet sites is not an endorsement by YesNo of such third-party Internet site.

Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party.

User agrees that YesNo 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.

Platform contains content that is created by YesNo as well as content provided by third parties. YesNo does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users while using the Platform.


Privacy Policy

All information collected from Users, such as registration and credit card information, is subject to Platform's Privacy Policy.

  1. LINKS TO AND FROM OTHER APPS AND WEBSITES
    1. Throughout this app you may find links to third party apps. The provision of a link to such an app does not mean that we endorse that app. If you visit any app via a link in this app you do so at your own risk.

    2. Any party wishing to link to this app is entitled to do so provided that the conditions below are observed:

      • You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

      • You do not misrepresent your relationship with this app; and

      • The app from which you link to this app does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

    3. By linking to this app in breach of our terms, you shall indemnify us for any loss or damage suffered to this app as a result of such linking.


User Conduct

Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Platfrom. In the event, User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, YesNo may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Platform 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. Users further agree to update and keep updated their registration information.

A User shall not register or operate more than one User account on the Platform.

Users agree to ensure that they can receive all communication from YesNo by marking e-mails or sending SMSs from YesNo. YesNo 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 YesNo 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 YesNo 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. YesNo 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 the Services herein.

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 YesNo.

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 YesNo (each a 'Server'); or (2) the enjoyment of YesNo 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 YesNo Services or any other person's use or enjoyment of YesNo Services.

Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to YesNo Services by any means other than the User interface provided by YesNo, including but not limited to, 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 YesNo 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 YesNo for any of the following:

If a User chooses a username that, in YesNo's considered opinion is obscene, indecent, abusive or that might subject YesNo to public disparagement or scorn, and/or name of any public personality, as the case may be, YesNo reserves the right, without prior notice to the User, to restrict usage of such names, which in YesNo'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 YesNo, deny such User access to Platform, or any combination of these options.

Unauthorized access to YesNo is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access YesNo by any means other than through the interface that is provided by YesNo for use in accessing YesNo. 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 YesNo is subject to existing laws of the land. Nothing contained in these Terms and Conditions shall limit YesNo's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of YesNo.

Persons below the age of eighteen (18) years are not allowed to participate in any of the games (by whatever name called) on the Platform. The Users will have to disclose their real age at the time of getting access to the Platform. User hereby confirms that he / she is participating in a contest in a 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 YesNo. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which YesNo deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:

  • Falsifying 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 YesNo to enter a game 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 game or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
  • Colluding with any other user(s) or engaging in any type of syndicate play;
  • Any violation of Contest rules or the Terms of Use;
  • Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
  • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose;
  • Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
  • Tampering with the administration of a Contest/game or trying to in any way tamper with the computer programs or any security measure associated with a Contest/game;
  • 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 Platform 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, YesNo 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.

Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.

In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, Meghalaya, Telangana such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.

Once the Participants have entered the above information, and clicked on the 'register' tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.

Contest(s), Participation and Prizes

YesNo reserves the right to abandon a specific question/ Skill based game or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond YesNo's reasonable control.

YesNo reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weather, non-appearance of teams, technical/equipment glitches causing delays etc.

YesNo shall endeavor to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.

Other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s); and all Participants agree to abide by the same.

In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, Meghalaya, Telangana such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the game/Contest(s).


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 classNameified as a game of skill.

The games on the Platform are games of skill as the success of Participants depends primarily on their superior knowledge of the Users..

By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.

Eligibility

The Contest(s) are open only to persons above the age of 18 years.

The Contest(s) are open only to persons, currently residing in India.

YesNo may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, Meghalaya, Telangana may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.

Persons who wish to participate must have a valid email address.

Only those Participants who have successfully registered on Platform as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.

Payment Terms

In respect of any transactions entered into on the platform, including making a payment to participate in the paid versions of game /Contest(s), Users agree to be bound by the payment terms of the Platform.

Subject to these Terms and Conditions, all amounts collected from the User are held in separate non-interest earning bank Accounts. The said accounts are operated by a third party appointed by YesNo in accordance with the Terms and Conditions.

Any user availing of YesNo services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:

User's winnings in any Contest will reflect as credits to the User's Winnings Account.

User’s remitting the amount through the designated payment gateway shall be credited to User's Unutilized Account'.

Each time a User participates in any contest on platform, the pre-designated amount shall be debited in the User's account. In debiting amounts from the User's accounts towards the pre-designated amount of such user shall be debited from the User's Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User's Winning Account.

In case there is any amount remaining to be paid by the User in relation to such User's participation in any game(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User's 'Unutilized' Account and will be available for use in participation in any game(s) or Contest(s).

Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.

Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to YesNo. YesNo shall effect an online transfer to the User's bank account on record with YesNo within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for YesNo 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, as well as the name and address existing in the records of the User's bank account as provided to YesNo. In the event that no bank account has been registered by the User against such User's account with YesNo, or the User has not verified his/her User account with YesNo, to YesNo'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, YesNo shall not transfer any Winning amounts to the User.

Further, in order to conduct promotional activities, YesNo may gratuitously issue Cash Bonus to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount into the Cash Bonus. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus must be used, as applied by YesNo and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the user is subject to the sole discretion of YesNo and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by YesNo on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by YesNo to such User.

All Cash Bonus credited in the User account shall be valid for a period of 14 days from the date of credit. The unutilized Cash Bonus shall expire at the end of 14 days from the date of credit.

Users agree that once they confirm a transaction on YesNo, they shall be bound by and make payment for that transaction.

The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that YesNo has on third parties, any transactions on Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against YesNo in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts.

A transaction, once confirmed, is final and no cancellation is permissible.

YesNo may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.

Verification process

Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by YesNo shall be permitted to withdraw/receive their accumulated winnings (or any part thereof).


Taxes Payable

All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. The TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 30% . TDS of 30% shall be deducted on Net Winnings ( prize money amount - contest entry amount - cash bonus). In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by YesNo in accordance with the then current prescribed TDS rate. 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 prize money.


Miscellaneous

The decision of YesNo with respect to the awarding of prizes shall be final, binding and non-contestable.

Participants playing the paid formats of the games(s) confirm that they are not residents of any of the following Indian states - Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, Meghalaya, Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, YesNo shall disqualify such Participant and forfeit any prize won by such Participant. Further, YesNo may, at its sole and absolute discretion, suspend or terminate such Participant's account with YesNo. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with YesNo, subject to the processing fee (if any) applicable on such transfers as set out herein.

If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), YesNo shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, YesNo may, at its sole and absolute discretion, suspend or terminate such Participant's account.

To the extent permitted by law, YesNo makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.

YesNo may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against YesNo or question its right to modify such prizes being offered.

YesNo shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.


Governing Law And Jurisdiction

This Agreement shall be governed by and construed under the laws of India. This Agreement and any dispute, difference, proceedings or claim of whatever nature arising out of or in connection with this Agreement shall be governed by, and construed in accordance with, the laws of India and shall be subject to the exclusive jurisdiction of Delhi courts only.


Release and Limitations of Liability

Users shall access the Platform voluntarily and at their own risk. YesNo 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 Platform or as a result of acceptance of any prize.

By entering the contests and accessing the YesNo Services provided therein, Users hereby release from and agree to indemnify YesNo, 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 YesNo 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.

YesNo 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 Platform Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to YesNo, including provision of incorrect address or other personal details.


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 writing to: support@yesno.com

By participating in the Program, you agree to and accept these Terms.