A. This General User Agreement (“User Agreement”) shall constitute an agreement between you ("User", "you" and "your"), and Hanusha Networks Pvt. Ltd. and its licensors, subsidiaries, associates, affiliates and partners (“Company", "us", “we” and "our"). The Company operates the online platform (“Online Platform” or “Platform”) comprising of the website www.sportsapp.co.in (Site) and related mobile application SportsApp (App) along with the associated software (Software).
B. This User Agreement governs your use of the Online Platform, the use of services (Services) thereof provided by various stakeholders through the Online Platform. By accessing, using the Online Platform you are agreeing to be bound by all the clauses of this User Agreement.
C. This document is an electronic record as defined under 2 (t) of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
In these User Agreement (unless the context otherwise requires), capitalized terms shall bear the meanings attributed to them below:
“Applicable Law” shall mean any treaties, statutes, enactments, act of legislature, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned, including any amendments issued from time to time;
“Confidential Information” shall mean and include but not limited to the proprietary and confidential data or information of the Company/User hereto, tangible or intangible and which is not generally known by or available to any other Person, and includes Intellectual Property etc. However, it does not include the information, which, a) at the time of disclosure to other Party, is in the public domain or thereafter enters the public domain through no wrongful act or omission of that Party; b) is already known by the Party receiving the information, at the time of disclosure by the Party disclosing such information and such information is not otherwise subject to confidentiality obligations of the Party receiving the information; or c) is available to the Party receiving the information, at the time of disclosure by the Party disclosing such information, from a Third Party who, to the knowledge of the Party receiving such information, may disclose such information without violation of any confidentiality obligation;
“Intellectual Property Rights” shall mean and include trademarks, patents, patent applications, inventions (whether or not patentable and whether or not reduced to practice), utility models, service marks, proprietary rights in software, personality rights, copyrights, trade names, brand and the goodwill associated therewith, right in designs, copyrights, rights in databases, proprietary rights, moral rights, technical, commercial or financial information of a proprietary or confidential nature, technical and computer data and software, logos, slogans, trade secrets, know-how, license, franchisees, formulations, logos, technology, designs, copyrightable works, original works of authorship, neighbouring rights, moral rights and related rights, data base rights and mask works, trade or business names, internet domain names, inventions, processes, geographical indications, integrated circuits, exploitation of any present or future technologies, proprietary information, and other intellectual property rights, in all cases whether or not registered or registrable and including registrations and applications for registration or renewal of any of these, and all rights to apply for the same, rights to receive equitable remuneration in respect of any of these and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Party” shall mean either the Company or the User and “Parties” shall mean both the Company and the User collectively;
“Person” shall mean any natural person, limited or unlimited liability company, corporation, general partnership, limited partnership, proprietorship, trust, union, association, or other entity, enterprise, authority or business organizations.
A. You will be eligible to access the Online Platform and the associated Services only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, inter-alia, if he/she is above thirteen (13) years of age (“Minor”), is of a sound mind and is not disqualified from contracting by any law to which he/she is subject. You hereby represent and warrant to the Company that you are at least thirteen (13) years of age or above and are capable of entering, performing and adhering to this User Agreement and that you agree to be bound by the following terms and conditions.
B. While Minors may access the Online Platform and utilize the Services, they shall do so only with the involvement & guidance of their parents and / or legal guardians and through such User Account created by such parents and / or legal guardians on behalf Minors. In such cases, the parents and / or legal guardians shall accept the terms and conditions of this User Agreement on behalf of Minors
4. ACCOUNT CREATION AND MAINTENANCE
A. To access the Services, you shall register with the Online Platform by creating a user account (“Account”). Your Account shall be used solely by you in your capacity, and by no other Person. You undertake that all the information provided by you at the time of opening the Account or provided by you subsequently upon request by the Company, is true, complete and correct. It is suggested that you update your Account on a regular basis by providing all the relevant information as may be required.
B. You further undertake to provide proof relating to any such information, including copies of documents such as your age details, residential address details, etc. You understand that the Company may take steps to verify any such information provided by you. Further, you grant the Company the right to use such information provided by you for any purpose connected with the Online Platform, Software or the Services. Your continued use of the Services in accordance with this User Agreement is subject to the Company’s continued satisfaction that all such details provided by you are true, complete and correct.
C. The Company reserves its rights to impose any fee/charge/consideration on the User for Services availed by the User. You are prohibited from using the Services by means of Accounts registered in the name of any other Person. You shall be solely responsible for all matters pertaining to your Account. No other Person shall in any way, be held responsible for any activity which occurs through your Account.
D. You shall at all times maintain confidentiality and secrecy of login credentials of the Account. In case your Account is hacked or attacked in any manner whatsoever, you shall promptly inform the Company of the same and not use your Account till the said problem is rectified, which, when rectified, shall be confirmed to you by the Company.
E. In case you attempt to open more than 1 (one) Account, under your own name, or under any other fake name or using fake details, or attempt to use the Online Platform by means of any other Person's Accounts, the Company shall have the right to close all the Accounts, including your original Account, and bar you from accessing the Online Platform or using the Services in the future by providing a relevant notice of the same.
F. On successful registration and account creation, the User may purchase any membership/subcription plan offered and operated by various stakeholders/service providers and subscribe to their services as and when listed on the Online Platform. Such purchase shall become valid on the date the User sign-up for such membership and submit payment via a valid and acceptable payment method or re-activate a pre-existing membership. (“Membership Date”).
G. It is hereby acknowledged and agreed that any modification/change to the Membership Date and/or freezing or transfer of membership shall be at the sole discretion of the Company and/or the other stakeholders listed on the Online Platform from time to time
5. PAYMENT MODE AND METHOD
A. All payments in respect of the Platform Services shall be made to the Company through the Online Platform using the acceptable online mode of payments. B. In order to make payments online, the User shall make use of a valid payment card or bank details, or third-party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. User may add, delete, and edit the Payment Details provided from time to time through the Platform.
C. The payment receipt for completion of a transaction shall be provided by the respective vendors and the transaction summary shall be provided by the Company, the payment receipt and transaction summary shall be made available on the Online Platform and also sent to the registered email address.
D. access the Services in order to build a similar or competitive website, product, or service, except as permitted by written approval of the Company. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof
E. You may not access or collect data from our Services using automated means (without our prior permission) or attempt to access data that you do not have permission to access.
F. It is hereby acknowledged and agreed that the any refund of the amount on account of shut-down/closure/dis-continuance of the services provided by the stakeholders/service providers listed on the Online Platform and/or non-consumption of purchased services during the validity period of such service shall be at the sole discretion of the stakeholders/service providers.
G. For any further details in the refund policy of the Company, the User may refer to the Refund Policy provided on the Online Platform.
6. USE OF THE SERVICES
A. The Company grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these terms and other terms as may be applicable to you. We reserve all rights not expressly granted to you by these Terms. Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
i. license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
ii. modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services; or
iii. access the Services in order to build a similar or competitive website, product, or service, except as permitted by written approval of the Company. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof
iv. You may not access or collect data from our Services using automated means (without our prior permission) or attempt to access data that you do not have permission to access.
B. The User shall always carry a valid government authorized photo ID card and membership/booking details for successful admission to the stakeholder’s premises without hassle. In case, the User is a minor, the admission to the premises shall be subject to parental authorization.
C. The User shall ensure safety and security of their own property, belongings and self when availing the services of the service providers listed in the Online Platform. It is hereby acknowledged and agreed that Run Adam is not liable for any harm, injury, hurt caused to the life and property of the User while availing the services of the service providers/stakeholders listed on the Online Platform.
7. USER-GENERATED CONTENT
A. As part of Services you or any other user is permitted to post, comment, share information related to sporting activities through the Online Platform (“Content”). Content further includes but is not limited to text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you or any other similar user may post, share, upload on the Online Platform. The Company do not expressly or implicitly endorse the Content. While we encourage users to use Online Platform to express themselves and to share Content related to sporting activities, but not at the expense of the safety and well-being of others or the integrity of the Online Platform.
B. You shall not use the Online Platform to transmit, share, transfer sexually explicit Content or which promotes racism, bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; amounts to cyberbullying, harassment or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling or amounts spam; or is harmful to minors in any way; or impersonates another Person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses (collectively referred as “Abusive Content”).
8. IMPERSONATION POLICY
A. We do not permit you to use fake names, names that impersonate any other person. User accounts that use fake names, pose as another person, brand, or organization in a confusing or deceptive manner may be permanently suspended by the Company.
B. Using a picture of a celebrity, in the field of sports or otherwise, as a profile picture in your user profile, is unlikely to be unlawful except in situations where the law specifically provides so. Hence, the choice of picture profile and its ramifications are at your own discretion and at your own risk, for which the Company shall in no way be held responsible/liable. However, in no case shall you represent to be a person who you are not.
C. Situations of impersonation, misrepresentation are penal offences and you may be prosecuted under the Applicable Laws
D. In case you find a user account misrepresenting as you or anyone you know, you may request us for deletion of such user accounts by emailing at firstname.lastname@example.org with relevant information and necessary proofs. We shall respond to your request within thirty-six (36) hours. We may further request additional information from you as may be necessary to decide on your request for deletion / suspension of any impersonated account.
9. INTELLECTUAL PROPERTY
A. All rights, tangible and intangible, including copyright and other Intellectual Property Rights, with regard to the Online Platform and the Software, and any content or information displayed or contained therein, belong exclusively to the Company, unless expressly provided otherwise. The Company is merely permitting you to use the Online Platform and not use the same for any other commercial gain, and no right of any nature whatsoever is being passed on to you by virtue of permitting you to use the Online Platform. Using the Services, the Online Platform and the Software does not, expressly or impliedly, give you ownership of any Intellectual Property rights in the Services, Online Platform or Software or the Content or information which you access using the Online Platform. Any alteration of the Content or use of the Content contained in the Online Platform for any purpose other than what is permitted under these Terms and Conditions shall amount to a violation of the Company’s copyrights.
B. Any Content provided by you remains your property. However, by providing Content to the Company, you grant the Company a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Content in all formats and distribution channels now known or hereafter devised (including in connection with the Online Platform/Software and the Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other Person.
C. You represent and warrant that: (i) you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases necessary to grant the Company the license to the Content as set forth above; and (ii) neither the Content, nor your submission, uploading, publishing or otherwise making available of such Content, nor the Company's use of the Content as permitted herein will infringe, misappropriate or violate a Third Party's Intellectual Property or proprietary rights, or rights of publicity or privacy, or result in the violation of any Applicable Law. However, the Company does not certify or validate the authenticity of such Content.
D. You understand that you shall be accessing such content at your own risk, and shall not hold the Company responsible for an obscene, defamatory, illegal or otherwise offensive Content which may be displayed or accessible. If you believe that any content on the Online Platform is Abusive Content as per clause 9 below.
E. The Services, Online Platform or Software may display content which does not belong to the Company. The Company is not responsible for such content, and this content is the sole responsibility of the Person that makes it available on the Online Platform.
F. You shall not attempt to mask or spoof your Internet Protocol address or uploading or spreading viruses or computer contaminants (as defined in the Information Technology Act, 2000 or any other Applicable Law).
10. CONTENT TAKEDOWN POLICY
A. If you come across Content on the Online Platform that is Abusive Content or may violate any Applicable Law including but not limited to Intellectual Property Rights, you can let us know by emailing us at email@example.com, and we shall carefully review the material and consider blocking, removing or restricting access to it. You may also consider flagging the post, image, or video, comment or any content which in your opinion is violative of any Applicable Laws for one of our content teams to review.
B. Our content review team shall respond to all Content takedown requests with in thirty-six (36) hours. Any action or inaction subsequent to your Content takedown request shall only be through your specific inquiry by our content review team based on the facts provided by you. We shall endeavor to resolve all content takedown requests as soon as possible.
C. We further reserve the right to remove Content including but not limited to Abusive Content without any prior notice.
A. Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “SportsApp Entities”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of this User Agreement, (c) your violation of Applicable Laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
A. The services are provided "AS IS" and "As Available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We, our licensors, and our third party service providers do not warrant that the services are accurate, complete, reliable, current, or error free. We do not control, endorse, or take responsibility for any Content available on or linked to the services or the actions of any third party or user, including moderators. While we attempt to make your access to and use of our services safe, we do not represent or warrant that our services or servers are free of viruses or other harmful components.
13. LIMITATION OF LIABILITY
A. In no event and under no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, will the SportsApp Entities be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these terms or the services, including those arising from or relating to Content made available on the services that is alleged to be defamatory, offensive, or illegal. Access to, and use of, the services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. In no event will the aggregate liability of the SportsApp entities exceed the greater of rupees ten thousand or any amount you paid SportsApp in the previous six months for the services giving rise to the claim. The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence) or otherwise, and even if the SportsApp Entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
14. GOVERNING LAW AND JURISDICTION
A. This User Agreement shall be governed and construed as per laws of India.
B. If you have an issue or dispute, you agree to raise it and try to resolve it amicably with us. You can contact us with feedback and concerns by emailing firstname.lastname@example.org
C. All formal requests for dispute resolution, shall be subject to the exclusive jurisdiction of the courts in Noida, Uttar Pradesh.
15. CHANGES TO THESE TERMS
A. We may make changes to the terms under this User Agreement from time to time. If we make changes, we will post the amended terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
16. ADDITIONAL TERMS
A. Because we offer a variety of Services, you may be required to agree to additional terms before using a specific product or service offered by the Company (“Additional Terms”). To the extent any Additional Terms conflict with the terms of this User Agreement, the Additional Terms with respect to a specific Service shall prevail.
If you are an Athlete, these Athlete Terms and Conditions shall be applicable to you.
If you are Coach, these Coach Terms and Conditions shall be applicable to you.
If you are a Support Staff, these Terms and Conditions shall be applicable to you.
If you are a Fitness Center, these Athlete Terms and Conditions shall be applicable to you.
If you are a Venue Provider, these Coach Terms and Conditions shall be applicable to you.
If you are an Event Organizer, these Terms and Conditions shall be applicable to you.
A. You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.
B. We may suspend or terminate your Account, or ability to access or use the Services at any time for any or no reason, including for a violation of the terms under this User Agreement or Additional Terms.
C. We reserve right to terminate any Service at any point of time.
A. Independent Parties
The Parties hereto acknowledge and confirm that in performing their obligations under this User Agreement, each is acting independently and in its individual capacity. They are not and shall not be considered as joint ventures, partners, agents, franchisers/ franchisees, or employers/employees of each other and neither shall have the power to bind or obligate the other or contract in the other's name. Nothing in these Terms and Conditions shall render and construe you as an officer, employee, worker, agent or partner of the Company.
Each Party undertakes that it shall not at any time after the date of this User Agreement (or, if later, the date it became a party to it) use, divulge or communicate to any Person (except to its/his/her professional representatives or advisers or as may be required by law or any legal or regulatory authority or upon necessity) any Confidential Information concerning these Terms and Conditions, the business or affairs of the other Party which may have (or may in future) come to its knowledge, and each of the Parties shall use its reasonable endeavours to prevent the publication or disclosure of any Confidential Information concerning such matters.
No failure or delay by a Party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Unless specifically provided otherwise, rights and remedies arising under these Terms and Conditions are cumulative and do not exclude rights and remedies provided by law.
You shall not assign, or grant any encumbrance over, or deal in any way with, any of its rights under these Terms and Conditions or any document referred to in it, or purport to do any of the same, without, in each case, the prior written consent of the Company and any such assignment in violation thereof, shall be null and void ab initio. The Company shall at its sole discretion may assign the rights and obligations under this User Agreement to any third party.
If any provision of these Terms and Conditions or any part of any such provision is held to be invalid, or unenforceable, such provision or part (as the case may be) shall be ineffective only to the extent of such invalidity, or unenforceability, without rendering invalid, or unenforceable or otherwise prejudicing or affecting the remainder of such provision or any other provision of these Terms and Conditions.