Terms and Condition

Usage of Callbreak Empire

Fabzen Technologies Pvt. Ltd. (hereinafter referred to as 'Fabzen') is the developer of the mobile application Callbreak Empire (hereinafter referred to as the 'App'). This application may be downloaded from www.callbreakempire.com (hereinafter referred to as the 'website'). Any person utilizing the App ("User") for availing the online gaming services offered therein or participating in the various contests and games being conducted on the App shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein in relation to any services provided.

Fabzen reserves the right to make changes to these Terms and Conditions, rules, regulations and terms of use referred to herein in relation to any services at any time, at their discretion by posting the same on the App or website. Use of the App constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein in relation to any services, as may be amended from time to time. Fabzen may also notify the users in case any changes or modifications are made to these Terms and Conditions or to the included rules, regulations and terms of use referred to herein, either through and email to their registered email address or by posting notifications in the accounts of users. The User may express their dissent of the modified Terms and Conditions, rules, regulations and terms of use referred to or provided herein, in such email or notification. If the user does not express their dissent to such changes within the prescribed time frame, it shall imply that the user has accepted the modified Terms and Conditions, terms of use, rules and regulations referred to or provided herein. Certain services being provided on the App may be subject to additional rules and regulations set down in that respect. In case of inconsistency between the Terms and Conditions and any additional conditions laid down, the additional conditions shall take precedence.

Fabzen may, at its sole and absolute discretion:

  • Restrict, suspend, or terminate any User's access to all or any part of the App or its services.
  • Change, suspend, or discontinue all or any part of the App and/or its services.
  • Reject, move, or remove any material that may be submitted by a User.
  • Modify or delete, all or part of any content that is available on the App.
  • Deactivate a User's account or delete such account if required and delete all related information and files related to the account.
  • Establish general practices and limits concerning use of the App.

In the event of breach by users, if Fabzen has sufficient reason to believe that such User has breached these Terms and Conditions, or has made unlawful use of the App or its services, they may, at their 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 the App or its services, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on the App and further, take technical and legal steps as it deems necessary.

If Fabzen charges its Users a platform fee in respect of any App related services, they shall, without delay, repay such platform fee in the event of suspension or removal or the User's account or services on account of any negligence or deficiency on the, but not if such suspension or removal is affected due to:

  • Failure to abide or breach of these Terms and Conditions by the User.
  • Any circumstances beyond the reasonable control of Fabzen.

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

How do I withdraw cash

The winning amount may be withdrawn only through the win wallet. When you win more than 50rs. In your win wallet, the same can be transfered through Paytm or bank transfer. For all financial transactions we follow secure payment gateways. The App includes a combination of content created by Fabzen, its partners, licensors, associates and/or its Users. The Intellectual Property Rights in all software underlying the App and its services and material published on the App or website, including but not limited to games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Fabzen, its partners, licensors and/or associates. Users are not permitted to modify, publish, distribute, participate in the transfer or sale of, reproduce, transmit, create derivative works of, publicly perform, publicly display, or exploit any of the materials or content on the App either in whole or in part without express written license from Fabzen.

Users may request permission to use any such content by writing in to the website Helpdesk.

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 the App or website ("Users' Content"). Each User warrants and represents that he/she is the sole owner of all Intellectual Property Rights in their content and it does not infringe any third-party rights. Users further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third-party on the App. Users agree to indemnify and hold harmless Fabzen, 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 arise, including claims for infringement of Intellectual Property Rights stemming from such display or use of the names, logos, labels, marks, trademarks, copyrights or intellectual and proprietary rights on the App or website, by such User or through the User's commissions or omissions.

Users hereby grant Fabzen 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, or publish any Content of the Users for any of the following purposes:

  • Displaying Users' Content on the App.
  • Distributing Users' Content to other Users either electronically or via other media seeking to download or acquire it.
  • Storing Users' Content in a remote database which is accessible by end users, for a nominal fee or 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 the App or website 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, labels, marks trademarks, copyrights or intellectual property rights are to be directly addressed to the respective parties under notice to Fabzen.

Third-Party Sites, Services and Products

The App or website may contain links to other Internet sites owned and operated by third parties. Use of such sites is subject to the conditions laid down by them. Fabzen does not exercise control over any Internet sites apart from website, and cannot be held responsible for any content residing in any third-party Internet site. Inclusion of third-party content or links to third-party Internet sites in the App is not an endorsement by Fabzen of such third-party Internet sites.

Users' communication regarding transactions or other related activities with third parties, including payment and verification, are solely between the User and the third party. Usage of the services of such third party shall be subject to the terms and conditions, policies and any other service terms adopted or implemented by the third party, and it is the User's responsibility to review the same before transacting or availing any services from such third party. Users indemnify Fabzen from any loss incurred or damage arising out of transactions with third parties. Any queries, complaints, or claims related to any third-party product or service should be addressed to the appropriate vendor.

The App contains content that is created by Fabzen as well as content provided by third parties. This cannot be considered a means to ascertain the integrity of the content provided by third parties and must not be relied upon by the Users in utilizing services provided on the App or website including while participating in any of the contests hosted on the App.

Privacy Policy

All information collected from Users, such as registration and debit/credit card information, is subject to our Privacy Policy which is available on the website.

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 a User fails to abide by the Terms and Conditions and all other rules laid down, Fabzen reserves the right to take necessary remedial action, which may include but is not limited to:

  • Restricting, suspending, or terminating any User's access to all or any part of the App and its services.
  • Deactivating a User's account and in certain circumstances delete all related information and files on the account. If any amount remains unused in the User's Game account or Win Wallet on the date of deactivation or deletion of their account, the same shall be transferred to the User's bank account on record with the App subject to a processing fee (if any) applicable on such transfers as set out herein
  • Refraining from awarding prizes to the User.

Users agree that the information provided by them is true and complete at the time of registration and at all other times as and when required. Users also agree to update their registration information and keep it updated at all times.

A User may register or operate more than one User account with the App.

Users agree to ensure that they can receive all communication from Fabzen by marking emails from them as part of their "safe senders" list. Fabzen shall not be held liable if any email 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 the App to a User shall not be revealed to anyone else. Users shall not use anyone else's password. It is the responsibility of the Users to not disclose their password or other account information to maintain the confidentiality of their accounts and keep them secure. Users agree to immediately notify Fabzen of any unauthorized use of their passwords or accounts or any other breach of security.

Users agree to exit their accounts at the end of each session for the protection of their account and information. Fabzen shall not be held responsible for any loss or damage arising out of the User's failure to comply with such requirements.

Users agree to not use cheats, exploits, software, hacks, bot, automation services or any other unauthorized third-party software which can modify or interfere with the performance of the App, its user experience or assist in such activity.

Users hereby agree not to copy, modify, loan, sell, rent, lease, assign, distribute, attempt to reverse engineer, grant a security interest in, or otherwise transfer any right with respect to the technology or software underlying the App or any of its services.

Users agree that without the express written consent of Fabzen, they shall not modify or cause to be modified any files or software that are part of the App or its services.

Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the App or its services or the enjoyment of the App or its services by any other User or person.

Users agree not to initiate, assist with or in any capacity be involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts made to disrupt the App or its services or any other person's use or enjoyment of the same.

Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to the App by any means other than the User interface provided to them, including but not limited to modifying, attempting to circumvent or modify, encouraging or assisting any other person to circumvent or modify, any security, device, technology, or software that is part of Fabzen, the App or its services.

Without limiting the foregoing, Users agree not to use the App for any of the following:

  • To engage in any activities or communication which may be considered obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive.
  • To harass, stalk, threaten, or otherwise violate any legal rights of other individuals.
  • To Transmit any inappropriate, profane, defamatory, obscene, indecent, or unlawful content.
  • To Transmit files which could contain viruses, corrupted files, or any other similar software or programs that may cause damage to, or the malfunction of another person's computer, the App, website, any software, hardware, or telecommunications equipment.
  • To advertise, offer or sell any goods or services for any commercial purpose on the App or website without the express written consent of Fabzen.
  • To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
  • To advertise, offer or sell any goods or services for any commercial purpose on the App or website without the express written consent of Fabzen.
  • To download, recompile or disassemble any file or program or otherwise affect our products that reasonably cannot be legally obtained in such manner.
  • To restrict or inhibit the performance or enjoyment of our App by other Users in any public area within our sites.
  • To gather, compile or distribute the personal information of other Users.
  • To interfere with or disrupt servers or networks of the App or website.
  • To impersonate any person or entity, including, but not limited to, a representative of Fabzen, 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, or to manipulate User's presence on the App or website.
  • To commit an act which causes an unreasonably or disproportionately large load on our infrastructure.
  • To engage in any illegal activities. Users agree to utilise our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, known as the "Forums") only with the purpose of sending and receiving messages and material that are proper and are related to that particular Forum.

If the username chosen by a User in the considered opinion of Fabzen is obscene, indecent, abusive or that might subject Fabzen, the App, or website to public disparagement or scorn, Fabzen reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts, deny such User access to the App and website, or any combination of these options.

Unauthorized access to the App is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access the App by any means other than through the interface that is provided by Fabzen for use of such access. Users shall refrain from using any automated means such as agents, bots, scripts, or spiders, to access or reproduce any part of our sites, except those automated means that have been approved in writing by us. Use of the App and website is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit the right of Fabzen to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of the App.

Users may contact Fabzen Helpdesk with problems or questions, as appropriate.

Persons who are under 18 years of age shall not be permitted to make any purchases, or redeem any codes or coupons on the App or website and further participation in any such activity on either platform is not permitted and such person is subject to disqualification at the sole and absolute discretion of Fabzen, whenever it comes to their knowledge.

We believe that children's online activities must be monitored by their parents using online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing their name, address and other personal information online without parental permission.

Although persons below the age of 18 years are allowed to use certain services on the App & are limited to play only on practice mode.

Fabzen may not be held responsible for any content contributed by Users on the App.

Registration

In order to register for contests, Participants may be required to accurately provide the following information:

  • Name or User Name
  • E-mail address
  • Mobile Number
  • Password

For awarding any winning amount, participant may be required to share his/her bank account details correctly.

Fabzen is not liable for any transaction, if details provided by the user are incorrect.

A participant will receive their winnings in their bank account within 24-48 hrs of submitting a redeem request.

If there is any delay in receiving the winning amount, a participant can directly contact Fabzen Helpdesk.

Participants shall be required to confirm their perusal of, and also consent to abide by, these Terms and Conditions.

In the event of participation in such contests, if the person is a resident of either Assam, Nagaland, Odisha, Sikkim, Telangana, Andhra Pradesh or Karnataka, these Participants will not be permitted to register for any contest in the paid form as described below.

Contests, Participation and Prizes

The App offers a platform where one can purchase coins through Credit card, Net Banking, Debit card, UPI or Paytm wallet. Through purchased coins a participant can challenge their friend or any random online player & can play a game against any opponent by selecting a proper playing table.

Any player who loses the game, will have their coins deducted at the very instant of losing the game equivalent to the playing table amount & the player who wins the game will get the winning coins in their App wallet.

For every win, Fabzen will deduct 20 % of the winning coins as Platform fee & GST Taxations.

Winning coins would be immediately reflected in the winner's App Wallet after deduction of fee mentioned above.

A participant can redeem his/her coins into their bank account or in Paytm wallet by submitting a redeem request & by providing correct bank or Paytm details.

A participant can redeem coins from their App Wallet only if participant's App Win wallet has a minimum of 50 coins.

Fabzen shall not charge any processing fee for the online transfer of winning amount from user's wallet to the User's bank account or paytm on record. Users are requested to provide accurate bank details to ensure safe and secure transactions.

Any player who exits the game in between or does not play on his turn thrice would be considered a loser & coins would be deducted from his account & credited to winner's wallet.

Fabzen is not liable for any network connectivity issue faced by users.

The App will give users 120 seconds (2 minutes) to resettle its connectivity & complete the game.

A participant can only use his/her coins in 1 on 1 mode & Friends mode. Coins would be unused in practice mode.

Legality of Game of Skill

Games which predominantly require skill are considered legal, as they do not come under the purview of Indian gambling legislation including, the Public Gambling Act, 1867. The judgment by the Hon'ble Justice of the Supreme Court of India 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 games where victory depends largely upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.

The contest described above is predominantly a game of skill, as it involves knowledge and quick thinking.

The App therefore offers a practice mode to let all players play & test their skills before joining any paid mode.

We highly recommend that if a player is inexperienced then he/she should spent some time playing on practice mode to enhance their knowledge and adroitness.

By participating in these contests, each Participant acknowledges and agrees that they are participating in a game of skill.

Eligibility

Only persons above 18 years of age shall be permitted to participate in the contests.

The Contests are open only to persons currently residing in India.

Fabzen may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contests. Currently, individuals residing in the Indian states of Assam, Odisha, Telangana, Andhra Pradesh, Nagaland, Sikkim or Karnataka may not participate in the paid version of the Contest as the State Laws do not permit people to take part in games where players are required to pay money to play.

A valid email address must be registered by the persons who wish to participate.

Only those Participants who have successfully registered on the App or website as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the Contest and claim winnings.

All prizes payable shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. Winners shall be provided TDS certificates towards any 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.

The decision with respect to the awarding of prizes shall be final, binding and non- contestable. Participants playing the paid formats of the Contests confirm that they are not residents of any of the following Indian states - Assam, Odisha, Telangana Andhra Pradesh, Sikkim, Nagaland and Karnataka. If it is found that a Participant playing the paid formats of the Contest is a resident of any of the abovementioned states, such Participant shall be disqualified and shall forfeit any prize won by them. Further, Fabzen may at its sole and absolute discretion, suspend or terminate such Participant's account with the App. 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, 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 Contests is under the age of eighteen (18), Fabzen shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, they may, at their sole and absolute discretion, suspend or terminate such Participant. All prizes are non-transferable and non-refundable. Prizes cannot be exchanged/redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.

General Conditions

If it comes to the notice of Fabzen that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contests or that the conduct of any such Contests is prohibited, then they shall withdraw and/or cancel such Contests without prior notice to any Participants or winners of any Contests. Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest, or contest it in any manner.

Release and Limitations of Liability

Users shall access the services provided by the App voluntarily and at their own risk. Fabzen 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 accessing the App including participation in the Contests or as a result of acceptance of any prize.

By entering the App or website and accessing the services provided therein, Users hereby release from and agree to indemnify Fabzen, and/or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out of their access to the App or its 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.

Fabzen accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties.

Users shall be solely responsible for any consequences which may arise due to their access of the App or its services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations including provision of incorrect address or other personal details. Users also undertake to indemnify Fabzen 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 Fabzen on account of such act on the part of the Users.

Users shall indemnify, defend, and hold Fabzen harmless from any third party/entity/organization claims arising from or related to such User's engagement with the App or participation in any Contest. In no event shall Fabzen be liable to any User for acts or omissions arising out of or related to User's engagement with the App or his/her participation in any Contests.

In consideration of Fabzen allowing Users to access the App and its 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 Fabzen, 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 provisions of their services or related to the Contests or the prizes of the Contests.

Disclaimers

To the extent permitted under law, neither Fabzen nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, any information or material, or the untimely delivery of the same.

To the extent permitted under law, Fabzen shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, services or sites, cancellation of competition and prizes. Fabzen disclaims any responsibility for, and if a User pays for access to one of the services, the User will not be entitled to a refund as a result of any inaccessibility that arises out of maintenance performed on the servers or the technology underlying our sites, failures of our service providers (including power providers, telecommunications and hosting), software or hardware viruses, natural unforeseeable disasters or other damage caused to our facilities, Act of God, war, civil disturbance, or any other cause which is beyond our reasonable control. In addition, Fabzen does not provide any warranty as to the content on the App or website. The content is distributed on an "as is, as available" basis.

Any material accessed, downloaded or otherwise obtained through the App or website 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 downloading any such material.

Fabzen shall make best endeavours to ensure that the App is error-free and secure, however, neither Fabzen nor any of its partners, licensors or associates makes any warranty that:

  • The App will meet Users' requirements.
  • The App will be timely, secure, uninterrupted or error free.
  • The results that may be obtained from the use of the App will be accurate or reliable and
  • The quality of any products, services, information, or other material that Users purchase or obtain through the App or website will meet Users' expectations.

In case any error is discovered, including any error in the determination of Winners or in the transfer of amounts to a User's account, Fabzen 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, Fabzen agrees to notify the User of the error and of the exercise of the remedies to rectify the same.

To the extent permitted under law, neither Fabzen 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 services, events or Contests being hosted or provided, or intended to be hosted or provided by the App 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 services, events or Contests are hosted or provided.

To the extent permitted under law, in the event of suspension or closure of any services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, of any nature whatsoever.

Taxes Payable

All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2018, 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 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted in accordance with the then current prescribed TDS rate. 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.

Cancellation Policy

Our focus is 100% customer satisfaction. In the event of an error in the transaction, wrongful transfers, mistaken identity, or any other issues that can be verified and proven, we will refund the money in question to the user, provided the reasons are genuine and proved after investigation. Please read the fine print on each league, contest, tournament or service we provide before paying for it, it provides all the details about the services we provide and the contest entries users purchase. In case of dissatisfaction from the App or its services, clients have the liberty to cancel their projects and request a refund from us. Our Policy for the cancellation and refund will be as follows.