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.betteropinions.in and the Better App.

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

1. Usage Of The Better App

• The Terms govern the use of the Better App. Please read these Terms carefully before you use the Better App. By installing, downloading and using the Better App, you contractually agree to accept the Terms of the Better App (including but not limited to Better App’s Privacy Policy, which is hereby incorporated by reference). The Terms take effect upon you using the Better App. If you wish to opt-out of the Terms, you will have to discontinue using the services of the Better App and request for your information to be deleted, if you have shared the same with the Better App.
• Using the Better App, any person (“User”) with a verified mobile number and account can access the services provided by the Better App. The user can come and participate in the events hosted by Better app. Through the Better App a User, exercising knowledge about a given subject and based on publicly available information (including such information collated and made available through the Better App Platform) can bid on the probability of the occurrence of a specified event.
• Any person accessing the Better App for participating in the various events available on Better App shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Better App,
• Better App shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Better App in relation to any Better App services, at any time. Use of Better App constitutes the User’s acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Better app in relation to any Better app 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 Opinions pursuant to any change implies that you agree to the modified Terms.
• Certain Better App services being provided on Better App 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 may, at its sole and absolute discretion:
• Restrict, suspend, or terminate any User’s access to all or any part of Better App’s services;
• Change, suspend, or discontinue all or any part of the Better App’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;
• 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).

2. Appropriate Usage Of Better Opinions

You agree, undertake and confirm that your use of the Better Opinions 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, 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 Opinions or any transaction being conducted on Better Opinions.
• You may not use the Better Opinions platform or any content on the Better Opinions 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 Better Opinions and/or others.
• Better Opinions 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.

3. 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.

4. Third party offers

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.

5. Participation

• Better App allows the users to form their own opinion related to a particular event. Better apps provide questions relating to the probability of the occurrence of a specified future event, data and information collated from publicly available sources related to the specified future event.
• Better App holds the right to abandon / cancel / expire any particular question or set of questions or change the expiry date of the questions(extending the bidding period) in certain specific scenarios which are beyond Better App’s control.
• In order to take a position/bid for any event a User must pay a certain amount that is in accordance with the likelihood of occurrence of that specified future event. The bid result will depend on the occurrence and outcome of the specified future event. The User’s bid will be considered as successful if the parameters which formed the user’s bid are met or have occurred. Vice versa, if the parameters which formed the User’s bid have not occurred or met then the User’s bid will be considered unsuccessful.
• All Users participating and placing opinions understand and acknowledge that their participation is based on Users’ individual analysis of the possibility of occurrence of a specified future event. Although Better app provides the related data and information for the specified events, the users are encouraged to collect their own data and conduct thorough analysis related to the specific event before taking any positions/bids. User’s should take positions once they have estimated the probability of occurrence of an event.

6. Privacy Policy

All information collected from Users, such as registration and UPI information, is subject to Better App’s Privacy Policy which is available at Privacy Policy.

7. 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, Better App 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 Services;
• Deactivating or deleting a User’s account and all related information and files on the account. Any amount remaining unused in the User’s Better App Account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with Better App subject to a processing fee (if any) applicable on such transfers as set out herein;
• 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). 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.
• Users agree to ensure that they can receive all communication from Better App by marking emails or sending SMSs from Better App. Better App 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 Better App 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. Better App 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 and/or Better App 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 or Better App’s Services.
• Users agree that without Better App’s express written consent, they shall not modify or cause to be modified any files or software that are part of Better App’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 Better App or the Better App’s Services (each a “Server”); or (2) the enjoyment of Better App 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 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 Better App Services 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 Better App 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 Platform is subject to existing laws and legal processes. Nothing contained in these Terms shall limit Better App’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of Better App.
• Persons below the age of eighteen (18) years are not allowed to register with or place bids via the Better App platform. All persons interested in becoming Better App Users must disclose their age at the time of getting access to the Better App Platform. If a person declares a false age, Better App shall not be held responsible and such person shall, in addition to forfeiting any and all rights over their Better App 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 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 having been made by said person.
• You will not (a) use any services provided by Better Opinions 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 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 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.
• Better App may not be held responsible for any content contributed by Users on the Better App Platform.
• 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.

8. Eligibility

• The Better App Platform is open only to persons above the age of 18 years.
• The Better App Platform is 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 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 shall be eligible to bid on the outcome of specified future events.

9. Promo and Winnings

• 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 180 days will be deducted from the wallet.

10. 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.

11. 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.

12. Disclaimers

• Better opinions 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 judgement 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.

13. 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 Opinions, 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 Opinions for your personal reference and you may draw the attention of others within your organisation to material available on Better Opinions.
• You must not use any part of the materials on Better Opinions for commercial purposes without obtaining a licence to do so from us or our licensors.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. Rules for Abandoning an event

• In case of rain, and the sporting event gets abandoned as no result.
• If the match is postponed due to Covid, political reasons or any other factors
• In the case of a Youtube video, if the video is taken down by Youtube for any reason whatsoever.
• In the case of current affairs, if the event is postponed for any reason whatsoever.
• In the case of sporting events, if the player or all the players in the question do not play a match or game.
• Other cases which are solely left to the discretion of Better Opinions.

Cases where there will be no abandonment

• In case of early/late hiding or expiry of events.
• In case of manipulation of events. However, the Better Opinions team may suspend an event and abandon an event in such a scenario, before the outcome is decided, solely at its discretion.
• Any other cases which the Better Opinions team deems fit.