Terms and Conditions at Foresee
Usage of Foresee a The Foresee Platform (including any mobile based applications, website and web applications) is provided by Foresee Media Technologies Pvt. Ltd. (“Foresee”). Through the Foresee Platform any person (“User”) with a verified account can access and participate in the services provided via the Foresee Platform. Through the Foresee Platform a User, exercising knowledge about a given subject and based on publicly available information (including such information collated and made available through the Foresee Platform) can bid on the probability of the occurrence of a specified event. b A User accessing the Foresee Platform shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Foresee in relation to any services provided via the Foresee Platform (“Foresee Services”). c Foresee shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Foresee in relation to any Foresee Services, at any time, by posting the same on Foresee. Use of Foresee constitutes the User’s acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Foresee in relation to any Foresee Services, as may be amended from time to time. Foresee may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Foresee, by way of sending an email to the User’s registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Foresee. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Foresee. d Certain Foresee Services being provided on Foresee may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail. e Foresee may, at its sole and absolute discretion:
▪ Restrict, suspend, or terminate any User’s access to all or any part of Foresee or Foresee Platform Services
▪ Change, suspend, or discontinue all or any part of the Foresee Platform Services
▪ Reject, move, or remove any material that may be submitted by a User
▪ Move or remove any content that is available on the Foresee Platform
▪ Deactivate or delete a User’s account and all related information and files on the account
▪ Establish general practices and limits concerning use of Foresee Platform ▪ Offer discounts or cash rewards to its users in a form it deems fit (“Cash Bonus”)
▪ Revise or make additions and/or deletions to the roster of questions, data, information provided in relation to a particular outcome that is being bid on
▪ 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) f In the event any User breaches, or Foresee reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Foresee or the Foresee Services, Foresee may, at its 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 Foresee Platform, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on Foresee and further, take technical and legal steps as it deems necessary,
If Foresee charges its Users a platform fee in respect of any Foresee Services, Foresee shall, without delay, repay such platform fee in the event of suspension or removal of the User’s account or Foresee Services on account of any negligence or deficiency on the part of Foresee, 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 Foresee. h By accepting these Terms and Conditions Users are providing their consent to receiving communications such as announcements, administrative messages and advertisements from Foresee or any of its partners, licensors or associates.
2 Participation a As part of its services Foresee shall, via the Foresee Platform, make available 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, and/or the ability for Users to add their own opinions, data/information related to a particular future event. b Depending upon the potential outcome for each specified future event, the time period of occurrence of such specified future event, the number of bids received for a specified future event and any other factors that might be relevant in Foresee’s sole discretion, Users may be allowed to edit their bids and/or place multiple bids on the occurrence of a specified future event. c The Foresee Platform shall, on a best efforts basis, attempt to match a User’s bid on a specified future event with a complementary bid of another User. Once a complementary bid is found and a match is made, neither of the two users shall be allowed to withdraw their specific bid and the settlement of the bids between the two users shall be determined basis the occurrence and outcome of the specified future event on which the two User’s have placed their bids. If a User makes a bid on a specified future event but no complementary bid is available till the occurrence of the specified future event, the bid amount will be returned to the User. d Foresee reserves the right to abandon a specific question or set of questions related to a specified future event, or adjust the deadline for bidding on such specified future event in certain specific, uncertain scenarios, which are beyond Foresee’s reasonable control. Foresee shall endeavor to send communications through various modes including but not limited to emails and/or SMS communication and/or WhatsApp messages, about any such change to keep the User updated. e Bidding on certain specified future events might have specific rules that Foresee will notify the User(s) before making the bid. Such rules will be in addition to these Terms and Conditions unless otherwise specified in the said rules. f To place a bid a User must pay a certain amount that is equivalent/commensurate with the likelihood of occurrence of a specified future event. A winning bid is determined basis the occurrence and outcome of a specified future event. A User’s bid on the said event will be deemed to be successful if the parameters which formed the basis for the User making a bid are met and/or have occurred. If the parameters are which formed the basis for the User making a bid are not met and/or have not occurred the bid shall not be successful. g All Users understand and acknowledge that participation via the Foresee Platform and placing bids on specified future events by a User is based on Users’ individual analysis of the possibility of occurrence of a specified future event. While Foresee collates and provides data and information related to the future events from publicly available sources on the Foresee Platform, Users are encouraged to use their own methods to collect/gather/collate and analyze information related to the specified future event and bid on the said event only after making a thorough and detailed analysis and determination as to the possibility of success of their individual bids. h To bid on a specified future event a User must add money to their account on the Foresee Platform (“Foresee Account”). Foresee may, in its sole discretion, specify the amounts that can be added and/or held by a User either in aggregate or in tranches. Credits and debits towards making bids, winning bids or losing bids will be made to and from (as the case may be) the User’s Foresee Account.
3 Intellectual Property a Foresee includes a combination of content collected/collated/analysed by Foresee, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights”) in all software underlying Foresee and the Foresee Platform and material published on the Foresee Platform, including (but not limited to) software, advertisements, content (whether written, audio and/or visual), photographs, graphics, images, illustrations, graphs, charts, marks, logos, audio or video clippings, animations etc. is owned by Foresee, 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 Foresee either in whole or in part without express written license from Foresee b Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available via the Foresee Platform (“Users’ Content”). Each User represents and warrants that they own all Intellectual Property Rights in the Users’ Content and that no part of the User’s Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Foresee Platform. Users agree to indemnify and hold harmless Foresee, 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 the Foresee Platform, by such User or through the User’s commissions or omissions c Users hereby grant to Foresee 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: ▪ displaying Users’ Content on Foresee ▪ distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or ▪ storing Users’ Content in a remote database accessible by end users, for a 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 Foresee Platform belonging to any person (including a 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 Foresee.
4 Third Party Sites, Services and Products a Links to other Internet sites owned and operated by third parties may be provided via the Foresee Platform. Users’ use of each of those sites is subject to the conditions, if any, posted by the sites. Foresee does not exercise control over any Internet sites apart from the Foresee Platform and cannot be held responsible for any content residing in any third-party Internet site. Foresee's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Foresee of such third-party Internet site. b 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. The User agrees that Foresee 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. c The Foresee Platform contains content that is created by Foresee as well as content provided by third parties. Foresee does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Foresee Services provided on the Foresee Platform.
5.All information collected from Users, such as registration and credit card information, is subject to Probo‘s Privacy Policy which is available at Privacy Policy
6.User Conduct a Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Foresee 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 Foresee 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 Foresee Account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with Foresee subject to a processing fee (if any) applicable on such transfers as set out herein b Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Foresee). Users further agree to update and keep updated their registration information c A User shall not register or operate more than one User account with Foresee. d Each User specifically consents to receiving communications from Foresee via email, SMS messages, and WhatsApp messages. e Users agree to ensure that they can receive all communication from Foresee by e-mails or SMSs or WhatsApp messages from Foresee. Foresee shall not be held liable if any e-mail/SMS/WhatsApp message remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder. f Users agree to exit/log-out of their accounts at the end of each session. Foresee shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements. g Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Foresee Services and/or Foresee experience or assist in such activity. h 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 Foresee or Foresee’s Services. i Users agree that without Foresee's express written consent, they shall not modify or cause to be modified any files or software that are part of Foresee's Services. j 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 Foresee or the Foresee’s Services (each a “Server”); or (2) the enjoyment of Foresee Services by any other User or person. k 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 Foresee Services or any other person‘s use or enjoyment of Foresee Services. l Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Foresee Services by any means other than the User interface provided by Foresee, 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 Foresee Services. m 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.