“Sportsmatik” (hereinafter, the “Website/Apps”) 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/Apps 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/Apps. However, where a Client/Customer or Vendor or Service Provider is mentioned specifically, it shall only mean and refer to that class of Member.
The term “We”, “Us”, “Our”, “Company” shall mean and refer to the Website/Apps and/or the Company and/or its Services, depending on the context.
“Website/Apps” shall mean and refer to 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/Apps, company or individual apart from the Member and the creator of the Website/Apps.
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/Apps.
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, sign up 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, sign up or subscribe for any service according to the judicial law of his/her country or region.
The term “Athlete 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/Apps 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 members of the Website/Apps.
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 evidence to have a consent of a person to accomplish any task or activity.
This Agreement shall cover your usage of the Website/Apps as a Member, 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 members or others, browsing or using the Site through any mean, users / members must acknowledge that they have read, understood, and agree to be bound by the following Terms & Conditions of Services.
Through the Website/Apps, 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 / members 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) You have not been previously suspended or removed from the Website/Apps by Sportsmatik
(b) You are competent to contract with the Company to use its Services or have a guardian registered on the Website/Apps in case of being minor according to the legal age of your jurisdiction
(c) Athlete 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 by any other document which can be scanned and submitted) to him/her to manage the sportsmatik account of the dependent.
(d) your registration and their use of the Site/Apps 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 (Website/Apps) that enables all kinds of sportspersons to become members (paid as well as free members). Such members can interact with one another and form a network that may avail each of them with numerous opportunities to excel in the world of sports by showcasing their potential. Sportsmatik also provides sports content for the Users / Members to gain knowledge. Besides this, the Website/Apps also offers a special section for members to be in business and get product hype.
The members of the Website/Apps 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/Apps has a special section for members dealing with sports goods to showcase their brands and prosper their business.
All Users / Members may be allowed to sign up on the Website/Apps through any recognized social networking services (Authentication Service). In such a case, Sportsmatik may access your information from the Authentication Service for reference. Users / Members 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.
If any Athlete who is competent to contract, want to add a guardian to manage his/her account on his/her behalf, then he/she may do so by providing us with the Email address or MID (Member ID) of the particular person. A member 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 / members of an association’s account may invite others to manage the account by providing us with his/her Email address or MID (Member ID) (if he/she is already registered with us). The person chosen may accept or decline the invitation. In case of affirmation, the person has to sign up on the Website/Apps only after which, he/she may log in and manage the association’s account according to the permissions granted.
Finding any of the above incorrectly managing Accounts may lead to account suspension by the Company. The users / members 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 sign up, approve the registration of, or otherwise assume responsibility for any person, you represent and warrant that you are such member’s legal parent or guardian and you agree to be bound by the terms on behalf of such member, including without limitation being liable for all use of the Website/Apps 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 the 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/Apps. In the course of the registration process, we may ask for the 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. An Athlete Guardian may also manage an independent account if the main account holder sends him/her an invitation to manage his/her account.
The users / members who are incompetent to contract, acknowledge that the Website/Apps 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/Apps 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/Apps cannot guarantee the accuracy of any information submitted by any user / member and the Website/Apps is not obligated to verify the identity of any user / member, including any user’s / member'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.
An Athlete Guardian will not be able to manage or view the personally identifiable details of a user / member 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 our 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, Uttar Pradesh, 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/Apps are secure and protected. Any information entered by the User / Member when transacting on the Website/Apps is encrypted to protect the User / Member against unintentional disclosure to third parties. The User’s / Member's credit and debit card information is not received, stored by or retained by the Company / Website/Apps in any manner. This information is supplied by the User / Member 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.
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 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 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/Apps 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 Website/App, or any other systems or networks connected to the Website/App or to any server, computer, network, or to any of the services offered on or through the Website/App, 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:
This includes contacting you through information received through other parties. The use of this Website/Apps 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/Apps 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.
The Company may permit its users / members to access another Website/Apps or resources on the internet and other Website/Apps or resources that may contain the link of the Website/App at their own risk. The Company is not responsible for any action occurred on other Website/Apps or resources and Website/Apps or resources that have the link of the Website/App 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/Apps or resource.
The Services available on the Website/Apps may require a payment of fees. Members may be free members or paid members. The Company reserves the right to change its prices, plans and to institute new charges at any time, and the same may or may not be notified to the User / Member.
The Service Provider shall be paid by the Website/Apps once the Customers pay for the products on the Website/Apps.
One or many of the following payment options are available on the Website/Apps:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex or any other Card Network, the User / Member will be required to submit his/her card number, card expiry date and CVV number (usually on the reverse of the card) while making an online transaction. The User / Member 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 / Member 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 / member of this Website/Apps.
We have no obligation to monitor the materials posted on the Website/Apps. 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/APPS 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/Apps. 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.
User / Member shall not submit any Content which–
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 / Members and itself.
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, videos, content and other materials which appear on the Website/Apps. Access to or use of the Website/Apps 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 Website/Apps are owned by or licensed to the Company. Any use of the Website/Apps 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 Website/Apps 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 Website/Apps. Access to or use of the Website/Apps does not authorize anyone to use any name, logo or mark in any manner. References on the Website/Apps 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 Website/Apps, 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:
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:
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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE/APPS, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/APPS 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
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 / MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APPS 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 / MEMBERS 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/APPS WITH RESPECT TO THE THIRD-PARTY WEBSITE/APPS OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/APPS/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/APPS, 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/APPS, 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/Apps. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/Apps.
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 Website/Apps 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/Apps 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/Apps 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/Apps, these Terms & Conditions of Services, the Agreement(s) or any transactions entered into on or through the Website/Apps or the relationship between You and the Company shall be subjected to the exclusive jurisdiction of the courts at Kanpur Nagar, Uttar Pradesh, 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/Apps 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 question about this Agreement, the practices of, or your experience with the Service, you can E-mail us at email@example.com.