PAYMENT TERMS & REFUND POLICY
Last Updated: 26 September, 2023
In respect of any transactions entered into on VIVA11, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms: The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the VIVA11 Services charged by VIVA11 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 non-interest earning bank Accounts. The said accounts are operated by a third party appointed by VIVA11 in accordance with Clause 9 of these Terms and Conditions. From these bank accounts, the User can be made to (a) Users (towards their withdrawals), (b) VIVA11 (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount). VIVA11 receives only its share of the platform Fees through the said Escrow Agent. The VIVA11 reserves the right to charge a Platform Fee, which would be specified and notified by VIVA11 on the Contest page, being created on VIVA11, prior to a User's joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and VIVA11 shall issue an invoice for such debit 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 VIVA11 has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Trustee. Any user availing VIVA11 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 the designated payment gateway shall be credited to User’s Unutilized Account.
Each time a User participates in any contest on VIVA11, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions. 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. A User shall be permitted to withdraw any amounts credited into such User's 'Unutilized' Account for any reason whatsoever by contacting VIVA11 Customer Support. Withdrawal of this amount from the unutilized account will attract a charge of 5% of the amount the user is trying to withdraw. All amounts credited into a User's 'Unutilized' Account must be utilised within 365 days of credit. In case any unutilised amount lies in the 'Unutilized' Account after the completion of 365 days from the date of credit of such amount, VIVA11 reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User. Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to VIVA11 but shall occur automatically upon completion of 365 days from the date of credit of such amount in the User's Winnings Account. In either case, VIVA11 shall effect an online transfer to the User's bank account on record with VIVA11 within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. VIVA11 shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User's bank account on record with VIVA11. 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 VIVA11 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 VIVA11, as well as the name and address existing in the records of the User's bank account as provided to VIVA11. In the event that no bank account has been registered by the User against such User's account with VIVA11, or the User has not verified his/her User account with VIVA11, to VIVA11's satisfaction and in accordance with these Terms and Conditions, VIVA11 shall provide such User with a notification to the User's email address as on record with VIVA11 at least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, VIVA11 shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide VIVA11 with a valid bank account or valid identification documents (to VIVA11's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause. Further, in order to conduct promotional activities, VIVA11 may gratuitously issue Bonus points (Called as Viva Coin) to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Viva Coin. The usage of any points issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such points must be used, as applied by VIVA11 and notified to the User at the time of issue of such amount. The issue of any points to the user is subject to the sole discretion of VIVA11 and cannot be demanded by any User as a matter of right. The issue of any such amount by VIVA11 on any day shall not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by VIVA11 to such User. The bonus points/Viva Coin granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The bonus points shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with VIVA11 or such account if terminated by VIVA11, all bonus points granted to the user shall return to VIVA11 and the User shall not have any right or interest on such points. Users agree that once they confirm a transaction on VIVA11 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 VIVA11 has on third parties, any transactions on VIVA11 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 bonus points 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 VIVA11 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. VIVA11 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.
At VIVA11 we believe Your money is yours & you should get it immediately when you want. We are working with the best banking & payment gateway partners to pay-out our users at the earliest possible. However, all the refunds at VIVA11 are subject to following conditions: Transaction, once confirmed, is final and no cancellation is permissible. However, VIVA11 may, at its sole and absolute discretion, permit a User to cancel a transaction and refund the amount paid:
- If the Player sends a written request to VIVA11 from the registered email Id to cancel such payment; or
- If the payment is made for participation in the paid versions of the Contests, the cancellation request must be received at least 2 days prior to the commencement of the round in respect of which the payment is made; VIVA11 shall not be liable to refund any amount thereafter. VIVA11 may, 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, Players 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. All the refunds are processed to the same mode / financial instruments through which the deposits were made. In some cases, the internal review team may take up to 2 working days to process a Refund. All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
VIVA11 reserves the right to modify/change these Payment & Refund terms & conditions anytime without any notice.