Terms and conditions

The present Terms of Use document is being published in accordance with the provisions of the Information Technology Act, 2000 and other applicable Rules thereunder, including but not limited to the Information Technology (Intermediary Guidelines) Rules, 2011.

Welcome to the Sporty website and Sporty mobile app. For the purposes of this Terms of Use, accessing of the Platform shall hereinafter be collectively be referred to as the “Services”.

INTRODUCTION

By using or accessing the Platform in any way, including registering on the Platform, using, viewing, sharing, embedding, and/or downloading any Services, you agree to be bound by the Terms of Use set forth herein. By accepting these Terms of Use, you also accept and agree to be bound by Sporty Policies, including but not limited to the Sporty Privacy Policy and the Sporty Copyright Policy.

If you do not understand the present Terms of Use or do not agree with/accept any part thereof, you should immediately discontinue using or accessing the Platform. Your use and/or continued use of the Platform, as the case may be, amounts to express consent by you to the terms of this Terms of Use as well as other Sporty Policies.

ELIGIBILITY

By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use. You further represent that

  1. You are of sound mind.
  2. Have attained the legal age necessary under the applicable laws to enter into an agreement and/or access, avail the Services and.
  3. Are not prohibited from entering into a legally binding contract as per applicable laws.

In case the Platform is being accessed and the Services are being availed for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Platform and/or the Services shall be subject to the Terms of Use.

YOUR ACCOUNT

You can become a registered user of the Platform by setting up an OTP-based login account with us. In order to set up such an account, you will be required to enter details of your registered mobile number and OTP sent to you on that number. By setting up the account, you agree to accept any and all responsibility for any and all activities that occur under your account. By setting up the account, you further agree to receive OTP and other transactional communication on your registered number. By setting up the account, you further agree to the contents of the Privacy Policy.

Sporty reserves the right and sole discretion to refuse access to the Platform, terminate any account, remove or restrict any content, at any time, with or without notice to you in case we notice any illegal activity on or from the account or if we have reasons to believe that any information provided by you is untrue, inaccurate, outdated or incomplete.

RESTRICTION AND TERMINATION OF USE

Sporty may block, restrict, disable, suspend or terminate your access to all or part of the free Services offered on the Platform, at any time in Sporty’s sole discretion, without prior notice to you by Sporty. Specifically, in case of prolonged inactivity, Sporty reserves the right to disable, deactivate or terminate a user’s account. If an account has been disabled or deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party. If you violate the Terms of Use, Sporty may at its sole discretion, block, restrict, disable, suspend or terminate the paid Services offered on the Platform.

INTELLECTUAL PROPERTY

The Services, including but not limited to digital content on the website i.e. text, graphics, user interface, images, video interface, and software as well as their selection and arrangement, may belong to Sporty or to its partners who have granted Sporty the right to use their content and are protected to the fullest extent possible by applicable laws related to copyrights, trademarks, trade secrets, and all other intellectual property and proprietary rights. Any unauthorized use of the Services may violate such laws and the Terms of Use. Sporty reserves all its legal rights to prohibit, stop or contain any such violations.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform and Services or any parts thereof or the selection and arrangement of the Platform and Services, except as expressly authorized herein. Sporty grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this Platform, solely on your computer or any other electronic viewing device for your personal, non-commercial use of this Platform. This permission is conditional on the basis that you shall not modify, alter or illegally use the content displayed on this Platform and shall keep intact and comply with all copyright, trademark, and other proprietary notices of the Platform, if any. The rights granted to you constitute a license and not a transfer of title in any manner.

Use of the Platform or Services for any other purpose other than expressly granted here is expressly prohibited and may result in severe civil and criminal penalties.

In relation to any content submitted, uploaded, or generated by you on the Platform, you hereby grant an unconditional, unlimited, perpetual, royalty-free, worldwide license and permission to Sporty and its affiliates, content sharing partners to display, store, host, publish, digitally reproduce or copy, transmit, communicate, modify, translate, distribute or otherwise make such content available on the Platform or in relation to the Services provided by Sporty. You agree that such content may continue to be made available on Sporty despite any termination or suspension of your account if such content has been shared, stored, or embedded by any other user(s). You agree to not hold Sporty responsible for the aforesaid activities in relation to your content.

LINKS TO THIRD-PARTY WEBSITES

The Platform may include links that redirect you to other websites. These third-party websites are not covered by the Terms of Use. You agree that once you leave our servers, any third-party websites that you go to or interact with are at your own risk. Sporty shall not be held liable for any default, loss of function, or any risk or consequence that you may be exposed to as a result of the same.

SPAM E-MAIL AND POSTINGS

In the event, your access or use of the Platform and Services is found to be spam, misleading, malicious, annoying, or containing/promoting unsolicited e-mails or network postings, Sporty reserves its right to obtain immediate reliefs against you or against such use by you, in addition to all other remedies available at law or in equity. Sporty may also opt to block, filter, or delete the unsolicited e-mail, messages, or postings as per its sole discretion.

INDEMNITY

You agree to indemnify, defend and hold Sporty and its officers, directors, partners, employees, agents, and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees), or other expenses that arise directly or indirectly out of or from 1. Your user content and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Platform (including a third party’s use of such user content (e.g. reliance on the accuracy, completeness, or usefulness of your user content).

  1. Your access to or use of the Platform and Services (including any use by your employees, contractors, or agents and all uses of your account numbers, user names, and passwords, whether or not actually or expressly authorized by you, in connection with the Platform and Services).
  2. Your breach of any clause of the Terms of Use.
  3. Any allegation that while using any of the software made available on the Platform you infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party and/or any dealings between you and any third parties advertising or promoting or linked via the Platform.
  4. Your activities in connection with the Platform.

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

DISCLAIMER

We do not represent or guarantee that this Platform will be free from errors or viruses. You acknowledge that this Website may be affected by outages, faults, or delays. Such outages, faults, or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment, or systems, traffic or technical difficulties with the Internet, or infrastructure failures.

We do not accept responsibility for any loss or damage, however, caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.

PRIVACY POLICY

Your privacy is very important to us. Users of our Platform should refer to our Privacy Policy, which is incorporated into this Terms of Use by reference, with respect to the disclosure, collection, storage, usage, and protection of your information during the course of your interaction with the Platform.

COPYRIGHT POLICY

Sporty respects and recognize the intellectual property rights of others and expects users of Sporty to do the same. Users of our Platform should refer to our Copyright Policy, which is incorporated into this Terms of Use by reference. If you believe that your content has been used on Sporty in a way that constitutes an infringement of your copyright, please notify Sporty’s designated agent for complaints or approach us through the procedure set out under the applicable provisions of the Information Technology Act. If you have a good faith belief that your copyright has been infringed by any of our users, you may follow the process as specified in our Copyright Policy.

AMENDMENTS TO THE TERMS AND CONDITIONS

Sporty may amend the Terms of Use and other Sporty Policies published on the Platform from time to time at its sole discretion. Your continued access or use of the Platform and Services constitutes your acceptance of the amendments. Your access and use of the Platform and Services will be subject to the most current version of the Terms of Use, Privacy Policy, and Copyright Policy posted on the Platform at the time of such use. Please regularly check the Platform to view the latest version of Sporty Policies.

APPLICABLE LAW AND JURISDICTION

Terms of Use shall be governed by and construed in accordance with the Laws of India. In case of any disputes, the courts in Delhi will have exclusive jurisdiction to try any such disputes to the exclusion of all other courts.