Terms & Conditions of Services
“www.sportsmatik.com” (hereinafter, the “Website”) is owned and operated by Matik Sports Private Limited, (hereinafter referred to as “Company”), a private limited company incorporated under the Companies Act, 2013, having its registered office at 167 Wazidpur, Jajmau, Kanpur - 208010, Uttar Pradesh, India.
These terms and conditions or interchangeably called Terms & Conditions of Services or Terms & Conditions create a contract between you and Sportsmatik (the “Agreement”). Please read the Agreement carefully. Minors/dependents (unable to contract legally) should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
“You”, “Your”, “Yourself”, “User/Users” or “Members” shall mean and refer to the person visiting, accessing, browsing through and/or using the Website at any point in time and shall include the “Clients/Customers”. Further, it shall also mean and refer to persons who are “Vendors” and “Service Provider” for the Website. However, where a Client/Customer or Vendor or Service Provider is mentioned specifically, it shall only mean and refer to that class of User.
The term “We”, “Us”, “Our”, “Company” shall mean and refer to the website and/or the Company and/or its Services, depending on the context.
“Website” shall mean and refer to www.sportsmatik.com, all its sub-domains.
“Personal Information” shall mean and refer to any personally identifiable information (PII) that We may collect from You. “Third Parties” refer to any website, company or individual apart from the User and the creator of the Website.
The term “Content of the Site” refers to the text, comments, data, software, scripts, projects, audio clips, graphics, artwork, photographs, images, videos, associated trademark and copyrightable works, other material and information associated with the website.
The term “Minor”, “dependent”, “incompetent to contract” refers to an individual who has not attained the age of majority and is incompetent to contract with any association or system to enroll, apply, register or subscribe for any service according to the judicial law of his/her country or region.
The term “Major”, “Independent”, “competent to contract” refers to a person (of sound mind) who has attained the age of majority and is competent to contract with any association or system to enroll, apply, register or subscribe for any service according to the judicial law of his/her country or region.
The term “User Guardian” or “Guardian” shall mean and refer to a person who may create and manage the account of others who are either not eligible to create an account on a website according to the judicial law of their country or region or want someone to manage their account for a particular person and can act as a proxy for them.
The term “User Submission” or "Submitting" shall mean and refer to all the data provided, updated, uploaded, edited, posted, added, collected by the users of the Website.
The term “Consent Form” shall mean and refer to a form (that may be digital or non-digital or in any other form that can be scanned and submitted) in which specific information may be asked as an evidence to have a consent of a person to accomplish any task or activity.
This Agreement shall cover your usage of the Website as a User, which shall include Customers, Vendors/Service Providers. Further, the Vendors/Service Providers are also bound by the Vendor Terms signed with the Company, besides this Agreement.
The headings of each section in this Agreement are only for the purpose of organizing various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
For registering on the Site, accessing information of users or others, browsing or using the Site through any mean, users must acknowledge that they have read, understood, and agree to be bound by the following Terms & Conditions of Services.
Through the website, email and other media, the Service makes accessible various content that includes text, comments, data, software, scripts, projects, audio clips, graphics, artwork, photographs, images, videos, associated trademark and copyrightable works, other material and information (that are collectively termed as the “Content of the Site”). All the users of the Site may create, add, upload, submit, collect, post, distribute or facilitate the distribution of or otherwise contribute in making accessible content (which can be collectively called as “User Submission”).
(a) that You have not been previously suspended or removed from the Website by Sportsmatik
(b) that You are competent to contract with the Company to use its Services or have a guardian registered on the website in case of being minor according to the legal age of your jurisdiction
(c) that User Guardian is registered on the site to manage the account of dependent, and if he/she is not the legal parent of the particular person, then the legal parents have given consent (digitally, physically or any other document which can be scanned and submitted) to him/her to manage the sportsmatik account of the dependent.
(d) that your registration and their use of the Site is in compliance with all applicable laws and regulations of the country or region of which you are a citizen.
Sportsmatik is a sports platform that enables all kinds of sportspersons to become users (paid as well as free members). Such users can interact with one another and form a network which may avail each of them with numerous opportunities to excel in the world of sports by showcasing their potentials. Sportsmatik also provides sports content for the Users to gain knowledge. Besides this, the website also offers an advertisement platform for its users to post ads and a special section for users to be in business and get product hype.
The users of the website may showcase their performance and skills by creating an account, interacting with people of their realm, comparing the performance of sportspersons, accessing the knowledge of sports played all around the world and other information related to them and hence gets united as a community to promote sports.
Sportsmatik provides a unique platform to all sportspersons and entities to unite as a sports community by forming a network with one another in the world of sports. It provides information related to various sports played around the world along with a birthday calendar of prominent sportspersons with a brief account of their achievements in sports.
The Website has a special section for users dealing with sports goods to showcase their brands and prosper their business. The website also has an advertisement section for its users where they can post ads for their spare sports goods and find the right buyers.
All Users may be allowed to register on the Site through any recognized social networking services (Authentication Service). In such case, Sportsmatik may access your information from the Authentication Service for references. Users will be solely responsible for their interactions with the Third Party Sites in the process of accessing the Services of Sportsmatik.
Our Services are available worldwide (except the countries or regions where the Services are forbidden). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
- Intends to impersonate another person or entity;
- Subject to any rights of another person or entity without their consent
- Is against the laws of any nation’s legal authorities, obscene or vulgar.
If any user who is competent to contract, want to add a guardian to manage his/her account on his behalf, he/she may do so by providing us with the Email address or UID (User ID) of the particular person. A user can invite only one person to manage his/her account whereas a guardian may add, create and manage more than one profile through his/her account.
The users of an association’s account may invite others to manage the account by providing us with his/her Email address or UID (User ID) (if he/she is already registered with us). The person chosen may accept or decline the invitation. In the case of affirmation, the person has to register on the Website only after which, he/she may login and manage the association’s account according to the permissions granted.
Finding any of them may lead to account suspension by the Company. The users shall be responsible for any activity done through their account and it's their responsibility to inform the Company in case someone accesses their account or finding any activity which is not done by them through the account.
If you register, approve the registration of, or otherwise assume responsibility for any person, you represent and warrant that you are such user’s legal parent or guardian and you agree to be bound by the terms on behalf of such user, including without limitation being liable for all use of the website through the dependent’s profile.
If the guardian is not the legal parent or the legal guardian of the dependent then he/she must have consent of the minor’s legal parents (that can be done digitally, physically or through any other document which can be scanned and submitted) regarding the dependent (to create and manage his/her profile) and to disclose his/her information on the website. In the course of the registration process, we may ask for dependent’s personal information including but not limited to date of birth and details about his/her legal parents. Sportsmatik permits the guardians to manage their dependents (minors) accounts. A User Guardian may also manage an independent account if the main account holder sends him/her an invitation to manage his/her account.
The users who are incompetent to contract, acknowledge that the website may choose, but is not obligated, to make any inquiries, either directly or through third parties, to validate your registration information, including without limitation to engaging third parties to provide verification services. The website reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. Notwithstanding the foregoing, you acknowledge that the website cannot guarantee the accuracy of any information submitted by any user and the website is not obligated to verify the identity of any user, including any user’s claim to be the guardian or to verify that a guardian identified by the dependent during registration is his/her actual parent or guardian.
A User Guardian will not be able to manage or view the personally identifiable details of a user whom he/she has removed or deleted from his account. A minor may belong to only one guardian at a time. We reserve the right to terminate or refuse your registration or refuse to permit access to the Site if it is discovered or brought to its notice that the person is a minor (dependent).
Services on the Site would be available worldwide. However, some features of the Site shall only be available in selected countries. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site.
Accessing the Services of the Company is prohibited from territories where the Content is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws of your region.
These Terms & Conditions of Services (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of India, without affecting any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. By using our Services from any country or region of the world, You agree that the Company and its Services does not give rise to personal jurisdiction over Sportsmatik or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than India. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the courts located in Kanpur Nagar, Kanpur, India and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
Statutory Exceptions for Public Institutions
If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
License and Access
The Company grants you no sub-license, whether limited or not, to access and make personal use of the Site, and not to download (other than page caching) or modify it or any portion of it, except with express a written consent of the Company. You are not permitted any resale or commercial use of the Site or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another Vendor / Third party); or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express a written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
- impersonates another person; including any employee or representative of the Company.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
- is misleading or known to be false in any way.
This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMS from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters by unsubscribing on the Website itself.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
Links to Other Websites
The Company may permit its users to access another websites or resources on the internet and other websites or resources that may contain the link of the Site at their own risk. The Company is not responsible for any action occurred on other websites or resources and websites or resources that have the link of the Site and is not liable for the Content, functions, accuracy, legality, appropriateness or any other aspects. The Company is not responsible for any damage related to the use of any Content, goods or services available on any third party website or resource.
Payments and Fees
The Services available on the website may require a payment of fees. Users may be free members or paid members. The Company reserves the right to change its price list, plans and to institute new charges at any time, and the same may or may not be notified to the User.
The Service Provider shall be paid by the Website once the Customers pay for the products on the website.
One or many of the following payment options are available on the Website:
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks
- Visa & Master Card Debit cards;
- Bank wire
- Other payment gateways such as Digital wallets, UPI, PayPal, Moneybooker, PayuMoney and any other payment mechanisms that come into usage in the future.
- Net banking/Direct Debit payments from selected banks in India. A list of available options will be made available at the time of ‘checkout’.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provisions in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company. Sportsmatik will charge your payment method (such as your credit card, debit card, gift card/code, or other methods available in your Home Country) for any paid Transactions, including any applicable taxes.
You are a restricted user of this Website.
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
- In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security or otherwise cause harm to the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms & Conditions of Services, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms & Conditions of Services including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms & Conditions of Services. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Rules and Conduct
User shall not submit any Content which–
- constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Additionally, you shall not:
- take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;
- bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
- run Mail list, Listserv, or any form of auto-responder or "spam" on the Service.
By submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself.
- You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to)
- promoting, marketing, and redistributing part or all of the Site (and the derivative thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites);
- take whatever other action is required to perform and market the Service;
- use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
- You are publishing your User Submission, and you may be identified publicly by your name displayed on the Site or e-mail in association with your User Submission.
- You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
- You further agree that your User Submissions will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Sportsmatik all the license rights granted herein.
- The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
- The Company will not be liable for any errors or omissions in any Content.
- The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
- All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
Copyright and Trademarks
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Company. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.
You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access the link to any third party websites, you do so entirely at your own risk and expense.
Sportsmatik will remove infringing materials if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us in writing by emailing us at email@example.com. Your Email must contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, sufficient for Sportsmatik to locate the material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify us in writing by emailing us at firstname.lastname@example.org. Your counter-notice must contain the following information:
- a physical or electronic signature of the user of the Services;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Kanpur Nagar, Kanpur, India. For the judicial district in which the address is located, or if the subscriber's address is outside of the Kanpur Nagar, Kanpur, India., for any judicial district in which the service provider may be found.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON OR PROMOTION. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE RESPONSIBLE FOR THE RELEVANCE AND VALIDITY OF COMMENTS MADE BY THIRD PARTIES LIKE VENDORS, PUBLIC ON THE PLATFORM. THE CUSTOMER SHALL BE WHOLLY RESPONSIBLE FOR THE ACCURACY OF EMAIL, PHONE NUMBER, AND PERSONAL INFORMATION. FURTHER IN AWARDING POINTS THAT ARE REDEEMABLE FOR CASH, TO USERS WE ARE NOT RESPONSIBLE IF THE EVENT EXPIRES OR CHANGES OR IS REMOVED ALTOGETHER.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
Indemnification and Limitation of liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS & CONDITIONS OF SERVICES. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS & CONDITIONS OF SERVICES, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS OR EXPERTS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s)/service(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.
The fees paid to use any services of the Company are non-refundable. Provisions of the Terms & Conditions of Services that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disputes, Governing Law And Jurisdiction
Governing Law and Jurisdiction
These Terms & Conditions of Services (and any further rules, policies, or guidelines incorporated by reference) and all transactions entered into on or through the Website and the relationship between You and the Company shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of laws principles. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over the Company or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than Kanpur Nagar, Uttar Pradesh, India. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the courts located in Kanpur Nagar, Uttar Pradesh, India and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, the Company shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
You agree that all claims, differences and disputes arising under or in connection with or in relation here to the Website, these Terms & Conditions of Services, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and the Company shall be subjected to the exclusive jurisdiction of the courts at Kanpur Nagar, Uttar Pradesh, Kanpur, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non-convenient. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this policy will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole Mediator and in case both parties accept the proposed name, the said person shall be appointed as sole mediator. In any case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties, however, the parties in good faith will attempt to bind by the decision.
Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. The arbitration shall be held at Kanpur, Uttar Pradesh, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Kanpur Nagar, Uttar Pradesh, India.
You agree that any Cause of Action arising out of or related to the website must commence within (3) Three months after the cause of action accrues. Otherwise, such action is permanently barred. This does not apply to the Company.
Improperly Filed Claims
All claims you bring against the Company must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs, provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by Client and Service vendor shall constitute the entire agreement and understanding of Client and Service vendor with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Client and Service vendor shall always remain subject to the terms of Our user Agreement.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
If you have any questions about this Agreement, the practices of, or your experience with the Service, you can E-mail us at email@example.com.