We, 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, the creators of this Privacy Policy ensure our firm commitment to your privacy vis-à-vis the protection of your priceless information. In order to endow you with our uninterrupted use of services, we may collect and, in some circumstances, disclose information about you. To enhance better protection of your privacy we provide this notice explaining our information practices and the choices you can make about the way your information is collected and used.
All visitors and Users of our www.sportsmatik.com (Website and Apps) are advised to read and understand our Privacy Policy carefully, as by accessing the Website and using the Apps you agree to be bound by the terms and conditions of the Privacy Policy and consent to the collection, storage and use of information relating to you as provided herein.
If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not use or access the Website and the Apps.
If you have any questions or concerns regarding this privacy policy, you should contact our Customer Support Desk at support@sportsmatik.com.
ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER / MEMBER NOR THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
We understand your privacy concerns and assure you to protect your personally identifiable information ("Personal Information" or “PII”) provided by you either online or offline.
The Privacy Policy (all the information related to the use of the website / Apps and its services by the users / members provided on this page) of our website / Apps illustrates what kind of information we ask you to provide us, how we use it, what is our procedure to protect your information, the choices provided to you by us regarding the use of your information and how you can access and update your information under our set criterion. The Privacy Policy of our website and Apps is incorporated into and is subject to the Terms & Conditions of Services of the Website (Sportsmatik.com) and the Apps. All the information provided by the Users / Members and their use of the Website / Apps and its Services are subject to the terms of our Privacy Policy as well as our Terms & Conditions of Services.
The specific terms used in the Privacy Policy have the same meaning as defined in the Terms & Conditions of Services and hence it is suggested to refer to the Terms & Conditions of Services page of the Website / Apps.
Overview
We commit to respecting your online privacy data. We further recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us. Information that is considered personal about you by us includes, but is not limited to, your name, address, age, gender, date of birth, location, email address, phone number or other contact information and the information related to the Service sought.
This Privacy Policy also applies to data we collect from users who are not registered as members of this site, including, but not limited to, browsing behaviour, pages viewed, etc.
Protecting the personally identifiable data of our users / members (registered or non-registered site visitors) is our prior responsibility. We have put in place certain features designed to protect our users / members who are incompetent to contract with the Company and to use the Website / Apps and their services. Only person who is competent to contract with the Company according to the judicial law of his/her country or region) can independently sign up for an account and can use the services of the website / Apps. Sportsmatik does not permit anyone who is a minor i.e., incompetent to contract with the Company) to sign up for an account as an independent user / member and ought to have a Guardian registered with Us to manage his/her account who can either be the legal parent of the minor or a Guardian with the consent of the legal parents of the minor to manage his/her account on the website / Apps and use its services. In case of finding that the personally identifiable information of any user / member who is incompetent to contract, has been collected on the website / Apps without the consent of his/her legal parents, then such account may be removed or suspended.
Being a legal parent of any athlete who is minor i.e., incompetent to contract, if you discover that your child has registered for an account on the Website / Apps or anyone has created and/or managing your child’s account on our Website / Apps without your consent, then it is your responsibility to inform the team of Sportsmatik at support@sportsmatik.com and request to delete the information of your child from our system.
In order to preserve the integrity and security of Users / Members information, Sportsmatik uses certain physical, managerial and technical safeguards but however, cannot ensure or warrant the security of any information transmitted by the Users / Members and consider that the Users / Members provide their information at their own risk. Once, the information is received by us, we make our best efforts to ensure the security of the Content (PII and all other kinds of data) of our Users / Members. However, please note that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. In case of any breach in the security system, we may put our best efforts to notify our Users / Members (either online or offline) so that you may take appropriate steps to protect your content on our Website / Apps.
Notification of Modifications and Changes to the TOS and Privacy Policy
We reserve the right to change the Terms & Conditions of Services and Privacy Policy from time to time as we deem fit. However, we will inform you either through email, website/app message or some other means. Moreover, your continued use of the site will signify your acceptance of any amendment to these terms.
You are therefore advised to re-read the Terms & Conditions of Services on a regular basis. Should it be that you do not accept any of the modifications or amendments to the Terms (Terms & Conditions of Services and Privacy Policy), you may terminate your use of this Website / Apps immediately.
Information We Collect
Our site's online requisition form requires users / members to give us contact information (like your name, address, telephone number and email address), and demographic information (like your zip code/pin code) along with any other data that may be required such as age, gender, occupation, interests and information related to the Service sought from our Website / Apps. As a member, you are required to provide a valid email address (at the time of registration) and may be phone number which may be verified by Us. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, your IP address, and other information associated with your interaction with the Site. We use the information provided by you:
Where any service requested by you involves a third party, such information as is reasonably necessary by the Company to carry out your service request may be shared with such third party.
We also do use your contact information to send you offers based on your interests and prior activity. The Company may also use contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers.
Further, you may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, billing address etc.) on the Site. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure Site of approved payment gateways which are digitally encrypted, and provide the highest possible degree of care available under the technology presently in use.
The Company will not use your financial information for any purpose other than to complete a transaction with you.
To the extent possible, we provide you with the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Site, and opt-out of any non-essential communications from the Company.
Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/log in related information to any other person and informing our customer care team about any suspicious activity or where your account have/may have been compromised.
Athlete Guardian
Any athlete who is a minor i.e., incompetent to contract by the age defined by the legal laws of the country or region of which the user / member is a citizen, must have an athlete guardian (who can either be the legal parent or any other person with the consent of the legal parents of the minor) registered with the Website / Apps who can manage his/her account and disclose his/her information on the Website / Apps. In the course of the initial registration process, we may ask for person’s (who is incompetent to contract) personal information including but not limited to date of birth, and email address of his /her guardian and legal parents. Sportsmatik permits the guardians to manage their dependents (minors) accounts.
Except where the context indicates otherwise, the remainder of this Privacy Policy (including any discussion of the personally identifiable information that we may collect, use or disclose) shall apply equally to the account of a person managed by the athlete guardian as well as guardian’s account.
We understand the importance of taking extra precautions to protect the privacy and safety of children using Our Services. A person who is a minor is not permitted to create their own sportsmatik account unless his/her parent provides verifiable consent as part of the guardian account.
If we learn that we have collected the personal information of a user / member who is incompetent to contract, outside the above circumstances we will take steps to delete the information as soon as possible.
How Information is Collected
The Website / Apps may include hyperlinks to other websites or content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us.
You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, products or other materials on or available from such websites or resources.
You acknowledge and agree that We are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. We recommend that when you enter a Third-Party Site, you review the Third Party Site’s privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Website / Apps.
User’s Provided Information
In case of registering through any third party social networking or integrated service made available by us (“Integrated Services”) such as Google, Facebook Connect etc., you allow us to access your information provided to the Integrated Service from the account you have with the Integrated Service. If you don’t want us to access any of your information provided on the account on any of the Integrated Service, you may revoke us to do so by updating the appropriate settings in the account preferences of the respective Integrated Service. For this, you need to check the privacy settings on each integrated Service through which you access your sportsmatik account and are suggested to check the terms of use and privacy policies of each of the integrated services before using their services and connecting with us through them. We may also ask our users / members to provide certain information from time to time and if you permit us to provide such information, you agree with us to use that information and store it in consistent with this Privacy Policy.
Information from Other Users
Sportsmatik may ask for certain information from the non-registered users / members or Site visitors for survey purposes or others. We may also make certain features available for the non-registered users / members for which they need to provide their personally identifiable information (“PII”).
Automatically Collected Information
Whenever you use our Website / Apps, it automatically collects certain information with the help of various types of technologies including but not limited to standard log files, web beacons or clear gifs. This may also include the IP address of users / members, their browser type, Internet Service Provider (ISP), exit pages, visiting time and date, operating system etc. Besides this, we may also track the information with respect to your use of certain features made available on our Website / Apps such as videos and images you have viewed.
Third Party Information
Third party content (for example: advertising) has also been implemented by our Website / Apps that use various techniques such as web beacons, clear gifs etc. that allow the third-party advertiser or content provider to read and write cookies to your browser or may implement similar tracking mechanisms if you view the third-party content on our Website / Apps. In such case, the information is directly collected by the third party and we don’t participate in such kind of data transmission and you are subjected to third party’s data collection, use and disclosure policies.
Location-Based Services
To provide location-based services on our Website / Apps; Sportsmatik, its partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by Us and Our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt in to their location services.
Information From Other Sources
According to our privacy policy, we may collect information (including personally identifiable information) of our users / members from third parties and sources other than our Website / Apps and will treat all that information as the personally identifiable information of the user / member.
Our Use of Your Information
Your contact information is also used to contact you when necessary. We use your IP Address to help diagnose problems with our server and to administer our Website / Apps. Your IP Address is also used to help identify you and to gather broad demographic information. Finally, we may use your IP Address to help protect our partners and ourselves from fraud. We will continue to enhance our security procedures as new technology becomes available. We will transfer information about you if we are acquired by or merged with another company. In this event, we may or may not notify you by email or by putting a prominent notice on the site before information about you is transferred and becomes subject to a different privacy policy.
Sportsmatik uses information provided by the users / members,
Cookies
We, and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information in respect to your use of the Services and third-party websites. A cookie is a small text file that is stored on your computer that enables us to recognize you (for example, as a registered user / member) when you visit our Website / Apps, store your preferences and settings, enhance your experience by delivering content and advertising specific to your interests, perform research and analytics, track your use of our Services, and assist with security and administrative functions. Cookies shall be used only for sportsmatik.com and they shall be only created and available to sportsmatik.com and its sub-domains. Cookies may be persistent or stored only during an individual session.
Most browsers are set to automatically allow cookies. Please note it may be possible to disable some (but not all) cookies through your device or browser settings, but doing so may interfere with certain functionality on the Services.
Major browsers provide users / members with various options when it comes to cookies. Users / Members can usually set their browsers to block all third-party cookies (which are those set by third-party companies collecting information on websites operated by other companies), block all cookies (including first-party cookies such as the ones the Company uses to collect search activity information about its users / members), or block specific cookies.
To modify your cookie settings, please visit your browser’s help settings. You will need to opt out on each browser and each device you use to access the Services. Flash cookies operate differently than browser cookies and cannot be removed or blocked via web browser settings. By using our Services with your browser set to accept cookies you are consenting to our use of cookies in the manner described in this section.
Third parties whose products or services are accessible or advertised through the Services, including social media services, may also use cookies or similar tools, and we advise you to check their privacy policies for information about their cookies and other practices. We do not control the practices of such partners and their privacy policies that govern their interactions with you.
We use this information to understand and analyze trends, to administer the site, to learn about user behaviour on the site, to improve our product and services, and to gather demographic information about our user / member base as a whole. Sportsmatik may use this information in our marketing and advertising services.
In some of our email messages, we use a “click-through URL” linked to content on the Website / Apps. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our Website / Apps. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.
Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.
Confidentiality
You further acknowledge that the Website / Apps may contain information which is designated confidential by Us and that you shall not disclose such information without our prior written consent.
Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities and in some other instances. We may share your collected information with other companies / users / members / organizations for financial and/or non-financial or any other benefits.
Integrity and Retention of Personal Information
We make it easy for You to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
Our Disclosure of Your Information
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse your information that they collect from our Website / Apps. Therefore, although we use industry-standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private.
However, we have all the rights to display details collected from You. We may use the collected information and display the same on our Website / Apps. Further, we may share such information with other websites/companies/agencies. The following describes some of the ways that your personally identifiable information may be disclosed:
User’s Information and Postings on the Website / Apps
We enable our visitors and members to view the information of other registered members. The information that is viewed by other members on the Website / Apps including their contact information, may be collected and used by other members without restriction. We also enable our members to share information and resources through certain features provided by us. Sportsmatik makes certain features available in order to allow a member to view the contact details of other members and can contact them.
Social Network
We may disclose your personal information if you have explicitly agreed that we may do so. In particular, we will disclose personal information where you have elected to connect your account on our Website / Apps to a social network or other similar services (e.g., Facebook or Google), or have elected to have your activity on our Website / Apps published to a social network or other similar service (e.g., Facebook or Google). To control the information that you share, you should review and, if appropriate, modify your privacy settings on such services.
Acquisition and Other Purposes
Sportsmatik reserves the rights to disclose the member’s information to take precautions against liability, protect the Website / Apps from abusive or unlawful uses, to protect the security, rights and property of the Website / Apps and its members, to defend against any third-party allegations and claims, and to assist government enforcement agencies. In case Sportsmatik is acquired by or merged with any other association, we reserve the rights to transfer and assign the information of the Website / Apps and its members as part of such kind of merge, acquisition, sale or other scenarios.
User’s Choices
All users / members (registered as well as non-registered site visitors) may decline to share their certain information with the Website / Apps. In such case, Sportsmatik may not be able to provide certain features and services to the users / members based on personally identifiable information that the user / member has stopped sharing with us. Users / Members may view, edit or delete their profile information any time which will get updated in their public profile. We consider that maintaining the password secrecy and account information is users’ / members' responsibility. We may take fair steps in order to verify the identity of our users before activating their account on our Website / Apps.
Accessing and Reviewing Information
Following registration, you can review and change all the information you submitted each time except your Email ID. If you change any information we may keep track of your old information. You can change your registration information such as name, address, city, state, zip code, country, phone number and profile.
We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.
Control of Your Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access to your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.
You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. If you choose to share this information with third parties to provide you additional services, you are responsible for all actions taken with your log in information and password and therefore should review each third party's privacy policy. You are responsible for all actions taken with your log in information and password. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. You agree to notify us immediately if you suspect any consistent unauthorized use of your account or access to your password even after changing it.
Other Information Collectors
Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Websites / Apps or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since we do not control the privacy policies of the third parties, you are subject to ask questions before you disclose your personal information to others.
GDPR Compliance
For personal data subject to the European Union General Data Processing Regulations (“GDPR”), we rely on several legal bases to process the data. These legal bases include where:
European Union Data Protection
Residents in the European Union are entitled to certain rights with respect to personal information that we hold about them:
Right of access and portability- The right to obtain access to your personal information, along with certain related information, and to receive that information in a commonly used format and to have it transferred to another data controller;
Right to rectification- The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete;
Right to erasure- The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed;
Right to restriction- The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information; and
Right to object- The right to object, on grounds relating to your particular situation, to the processing of your personal information, and to object to the processing of your personal information for direct marketing purposes, to the extent it is related to such direct marketing.
If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
Third-Party Applications
We endeavour to make the Content (all types of content and media files) of the Website / Apps as available as possible for educational and career purposes and in order to encourage this step, we make an Application Programming Interface (“API”) available to third-party application developers and service providers (“App Developers”) to create additional services (such as mobile applications and other services) for our Users / Members. The App developers may be allowed to access various personal information of users / members related to the use of the Website / Apps and its services through the API including the member’s name, messages, comments and their browsing history especially at the time users / members use, download or access any application or service from an App Developer related to the Website / Apps. However, users / members will be notified or asked for permission to allow such kind of information access by such services or application for the first time. If you don’t want such kind of access by any App developer, you should not use such application or services related to the Website / Apps as we consider our Users / Members to agree that such information may be used by the App Developers for their internal business purposes and may disclose the information to their customers and users / members. We suggest our Users / Members to first read the privacy policies of these third-party services and applications. Sportsmatik does not apply or cannot control the activities of App Developers affiliated with the Website / Apps.
Third-Party Sites
The Company may permit its users / members to access other 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 that 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. Third parties associated with Sportsmatik.com may vary from time to time and may not be up-to-date here at all times. However, if you require their names then please contact support. Some of them are:
International Visitors
The Website / Apps offers its services worldwide. If you nonetheless choose to use the Website / Apps from the regions of the world other than India with laws governing data collection and use that may differ from Indian Law, then please note that you are transferring your personally identifiable information outside of those regions and by providing your personally identifiable information on the Website / Apps you consent to that transfer.
The Website / Apps is intended solely for Users / Members located within India. If you nonetheless choose to use the Website / Apps from other regions of the world with laws governing data collection and use that may differ from Indian Law, then please note that you are transferring your personally identifiable information outside of those regions to India and by providing your personally identifiable information on the Website / Apps you consent to that transfer.
We collect, use and process data. Users / Members provide some of the data directly (such as email address when creating a Sportsmatik account) and we get some of the data by recording how and when users / members interact with our services. We collect certain personal data to operate effectively and provide the best experience with our services, whereas for the same reason we may share some data with our trusted partners, who provide certain services for us. All of our partners ensure full GDPR compliance. None of the data that we share with our partners includes information that personally identifies our users. You can read more about sharing data in our Privacy Policy and updated Terms of Service.
We hold the firm belief that the data, you entrust us is within the scope of “personal data” as claimed by the General Data Protection Regulation (EU) 2016/679. Since the processing of that data is absolutely necessary for us to provide you with our services, we must require your consent for such actions.
We use organisational, technical and other appropriate measures in order to protect your personal data. We also use various measures to prevent unauthorised access or destruction of data, their alteration or loss and unauthorized processing. We assure you the right to:
Your personal data is kept in accordance with the purpose for which they are collected and stored as long as you use our services or until we receive your written cancellation.
Security
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. We do not recommend the transfer of sensitive information (such as credit card number) and bank account details via the Site to other Users / Members. Users / Members are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once We receive it. However, "perfect security" does not exist on the Internet. You, therefore, agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.
Disclaimer
We cannot ensure that all of your private communications and other personal information (including sensitive information like credit card information and bank account number) will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your personal information will always remain private. As a user / member of the Site, you understand and agree that you assume all responsibility and risk for your use of the Site, the internet generally, and the documents you post or access and for your conduct on and off the Site.
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 hereto the Website / Apps, the 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, 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.
Disputes
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.
Claims
You agree that any Cause of Action arising out of or related to the Website / Apps must commence within three months (3) 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.
Questions and Suggestions
If you have any questions or concerns regarding this Privacy Policy, you should contact us by sending an e-mail to support@sportsmatik.com.