The Terms set out below apply to and govern the use of the Platform by Users.
The terms ‘Company’ or ‘us’ or ‘we’ refer to Shopsense Retail Technologies Limited, the operator of this Platform. The terms ‘you’, ‘your’ or ‘user’, and all its grammatical variations, refer to the User or viewer of our Platform.
By browsing, viewing, using the Platform or purchasing the Products herein, you consent to and agree to comply with these Terms and Conditions of Use (“Terms”). Please note that the Terms are specifically applicable to the Users in respect of their use of this Platform and not to any other website, including the Mumbai Indians website available at - https://www.mumbaiindians.com/ (“MI Website”) wherein the Platform is situated and which is governed by separate terms, conditions and policies.
The Company may, for improving the experience of the Users, publish concise and abbreviated informative posts about transacting on the Platform, including without limitation by way of publishing frequently asked questions in respect of the Products ordered on the Platform. It is clarified that in the event of a conflict between such informative posts and these Terms, these Terms shall prevail in respect of all matters which form the subject matter of these Terms.
The Terms were last modified on April 5, 2022
The Company reserves the right to change, modify, add, amend, cancel, limit, vary or alter the Platform, the contents thereof, the Products listed on the Platform, and these Terms, either wholly or in part, at any point in time, at its sole discretion, without any prior intimation to you.
All modifications/amendments to the Terms will be posted on the Platform and will become effective immediately upon such posting to the Platform. Your continued use of the Platform after such change or modification shall be deemed to be your agreement to the revised/modified Terms. Please review these Terms regularly to remain informed of any change. If you do not agree to these Terms, please discontinue using the Platform immediately.
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO AND ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
1.1 You will be eligible to enter into transactions on the Platform only if you are above eighteen (18) years of age, are of a sound mind and are not disqualified from contracting by any law to which you are subject.
1.2 As a minor, if you wish to transact on the Platform, such transactions may be made by your parents or legal guardian. The Company reserves the right to terminate your account on the Platform and/or refuse to provide/suspend your access to the Platform if it is brought to the Company’s notice or if it is discovered that you are under the age of eighteen (18) years and transacting on the Platform.
1.3 By visiting the Platform and accepting these Terms, you represent and warrant to the Company that you are competent to contract under the law you are subjected to. You also represent and warrant to the Company that you will use the Platform in a manner consistent with any and all applicable laws and regulations.
2.3 You understand that it is your responsibility to protect the information you provide on the Platform including but not limited to your username, password, email address, contact details and mobile number. You are responsible for maintaining the confidentiality of the password and your account and for restricting access to your device to prevent unauthorised access to your account, and are fully responsible for all activities that occur under your account. You agree to immediately notify the Company in the event that any unauthorised use of your account or login or any other breach of security comes to your attention.
3. ACCESS AND USE OF CONTENT
This Platform is controlled and operated by the Company. The Company authorises you, subject to these Terms, to view and access the content available on or from the Platform and to access and use content from the Platform (as defined below) solely for your personal, non-commercial use. The contents of the Platform, such as designs, mock-ups, text, data, graphics, images, video, information, logos, button icons, software, audio files and other Platform content (collectively, the “Platform Content”), are protected under applicable copyright, trademark and other laws. All Platform Content is the property of the Company or its licensors (which in the case of content related to the Products, may include the Sellers). The trademarks and other intellectual property used within the Products (whether existing or those which are added later) on the Platform is the exclusive property of the respective Product Sellers and/or their licensors, and/or of the Company and its licensors (as applicable), and is protected by Indian and international copyright, trademark, and other laws. Unauthorised use of the Platform Content may violate these laws and/or applicable communications regulations and statutes and is strictly prohibited. Except where otherwise agreed in writing with the Company or specified in these Terms, the Platform Content is solely for your personal, non-commercial use. You may not sell or modify the Platform Content nor reproduce, display, publicly perform, distribute, or otherwise use the Platform Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers or that otherwise infringes the Company’s/its licensors’ intellectual property rights. Without the prior written consent of the Company, modification of the Platform Content or use of the Platform Content on any other website or networked computer environment or use of the Platform Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of the Company and its licensors and is prohibited. Any use of the Platform Content for which or pursuant to which you receive or intend to receive any remuneration, whether monetary or otherwise, is a commercial use for the purposes of this clause. The Platform Content, despite efforts of the Company, may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timelines of the Platform Content. The use of the Platform Content is at your own risk. Changes are periodically made to the Platform and may be made at any time. This Platform may contain content provided by third parties. The responsibility for such content is solely that of the respective authors/contributors/posters/Sellers and is not necessarily endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the content provided by such authors/contributors/posters/Sellers in any section of this Platform. Further, the accuracy of the Platform Content has not been verified by the Company and we provide no warranties of the same. If you seek to rely on any representation of information contained on this Platform, any such reliance shall be at your own risk.
4. ORDERS AND SPECIFICATIONS
4.1 The Company facilitates the listing, exhibition and offering for sale of Products by Sellers, and provides registered Users of the Platform with an opportunity to purchase the Products through the Platform. A User may select Products, which the User wishes to purchase on the Platform by placing an Order through the provided channel. The acceptance of your Order is subject to your eligibility to transact on the Platform and logging in through your existing account on the Platform, and if not, registering on the Platform and logging in through the account created pursuant to such registration.
4.2 You acknowledge and agree that the listing and display of a Product on the Platform shall be considered and construed as an invitation to offer or invitation to treat, and the Seller shall not be considered to have made any binding offer in relation to the Product by merely listing the same on the Platform. The price set out against a listed Product may be subject to revision, without prior notice, including but not limited to on account of taxes, delivery charges, processing charges, exchange rate fluctuations and other charges/amounts. You agree that by clicking on the Product, you shall be considered to have made an offer to purchase such Product to the Seller who has listed the Product through the Platform. The Seller shall thereafter determine if the Seller can accept and fulfil the offer, based on availability and serviceability of the stated delivery address and other matters affecting the Seller’s ability to deliver the Product to you and shall provide you with a final offer of sale for the selected Product, which will be displayed on the Platform. Upon unconditional acceptance of the Seller’s final offer by you, your order for the Product (“Order”) shall be considered confirmed and will constitute a binding commitment on your part to purchase the Product (“Order Confirmation”). Once an Order has been confirmed through issuance of an Order Confirmation, there can be no cancellation of or modification to the Order after the Product has been picked up by the delivery partner executive from the Seller’s location (“Cancellation Deadline”). Please note that in case your Order includes several Products, the Cancellation Deadline for each Product shall be the “pick-up of such Product by the delivery partner executive”. However, the Company and the Seller may, at their discretion, and bearing no obligation to do so, entertain requests for cancellation or modification of an Order placed after the Cancellation Deadline. For more details about the policy in respect of the cancellation of Orders, please refer to the Returns and Cancellation Policy as available at www.mumbaiindians.com/shop. The dispatch and delivery timelines for the Products ordered will be in accordance with the standard policies prescribed on the Platform or otherwise specified on the Order confirmation page.
4.3 The Order Confirmation shall be notified to you through the phone number registered with the Platform account/email address, and will contain details of your Order, and the price of the Products purchased as part of the Order. In the unlikely event of an error in the Order Confirmation, it is your responsibility to contact us and notify us of such error or mistake with the Order as soon as reasonably practicable and in no event after twenty-four (24) hours from the issue of the Order Confirmation. Failure to do so may lead to the correct Order being sent out to you. 4.4 Please be aware that all Products offered for sale on the Platform, are subject to availability. While the Company endeavours to ensure that Sellers listing Products on the Platform display and describe as accurately as possible the printed colours on the Products, we cannot undertake to give any assurance that the colours supplied will match those displayed on your monitor or mobile phone. As a result, the Company takes no responsibility for loss caused to any person based on reliance on any information on this Platform and retains the right to amend or retract any Platform Content on its own terms and in its sole discretion at any time and without notice.
5. PRICING INFORMATION
The Company strives to provide accurate information with regard to the prices of Products on the Platform, however pricing errors or typographical errors may occur. The final price of any Product selected on the Platform will be confirmed in the Seller’s final offer to you and will be displayed on the Order confirmation page. All prices shall be listed in Indian Rupees (or its equivalent in the local currency, if offered by the Company) and are subject to change at the Company’s discretion.
6.2 In the event you opt for the cash on delivery option, you may be charged a cash collection fee of such amount, as may be specified by the Company on the Platform from time to time. It is clarified that the ‘cash on delivery’ feature for payment, may be disabled for certain Users, at the sole discretion of the Company for reasons which may include without limitation, previous abuse of the option by a User, and for certain Products, where Sellers are unwilling to extend this option.
6.3 Product price and other contractual and commercial terms with respect to the Products, such as delivery, warranties related to the Products, and dispatch of Products are principal to principal bipartite contractual terms offered by the Seller and agreed to by the Users, with no role of the Company. In this regard, it is clarified that the third-party payment gateway made available on the Platform, is merely made available for use by the Seller and the User to facilitate the completion of the transaction on the Platform by making the payment for the Product(s) purchased. Use of the Platform/features of the Platform such as third-party payment gateway made available on the Platform, shall not render the Company liable or responsible for any claims in respect of the Products, including without limitation, the non-delivery, non-receipt, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Platform
Users of the Platform who have been verified to have purchased Products on the Platform may be given the option to post reviews of such Products purchased on the Platform, as long as the reviews are not, obscene, abusive, threatening, defamatory, or otherwise injurious to third parties, or objectionable and do not consist of political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam” or are not otherwise in contravention of these Terms. The Platform reserves the right (but not the obligation) to remove, refuse, delete or edit any review posted by a User on the Platform which in the sole judgement of Platform violates these Terms and, take other action including terminating the User’s access to the Platform.
8. USER REPRESENTATIONS
8.1 You hereby represent and warrant to the Company that as a User, you will not provide personal information that is not your own. The User account of any User found to be creating an account or providing information in proxy or in violation of the privacy rights of any other individual will be liable to be immediately terminated, and the Company reserves the right to take further action against such User as it deems fit 8.2 You further represent and warrant that, to the extent you decide to share personal or other information, you will not post or submit incomplete, false or inaccurate personal or other information. 8.3 You further represent and warrant to the Company that any information or documentation made available by you to the Company or on the Platform shall not constitute confidential information and that you are not bound by any confidentiality or non-disclosure obligations in relation to such information or documentation, and are permitted to share the same with third parties.
- IMPERMISSIBLE USE OF THE PLATFORM
9.1 You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
9.2 Any information provided by you on the Platform shall not be misleading in any way.
9.3 You may not host, post, modify, display, upload, publish, share, update, or transmit any information or otherwise engage in interactions on the Platform, which is:
(a) violative of applicable law, harmful to a child, or is remotely offensive to the general community, such as sexually explicit content, racially or ethnically objectionable content, libellous content, or content that promotes obscenity, pornography, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person, or solicits, or stalks another member on the Platform; (c) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (d) infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or publicity (including bodily privacy), such as unauthorized disclosure of a person's name, email address, physical address or phone number, or rights of publicity); (e) promotes an illegal or unauthorized copy of another person's copyrighted work; (f) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; (g) provides instructional information about illegal activities such as making or buying illegal drugs, money laundering, gambling, violating someone's privacy, or providing or creating computer viruses; (h) contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have obtained consent from the minor or his or her legal guardian); (i) tries to gain unauthorised access or exceeds the scope of authorised access to the Platform or solicits passwords or personal identification information for commercial or unlawful purposes from other Users; (j) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact (k) impersonate another person; (l) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation (m) constitutes engagement in commercial activities and sales without the Company’s prior written consent. Throughout these Terms, the term Company’s "prior written consent" means a communication coming from the Company’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorisation; (n) contains viruses, time bombs, trojan horses, cancelbots, spiders, worms or other harmful or deleterious components, devices or programmes, including those designed to interrupt, destroy or limit the functionality of the Platform and/or any offerings provided herein; (o) interferes with another user's use and enjoyment of the Platform; (p) refers to any website or URL that, in the sole discretion of the Company, contains material that is inappropriate for the Platform, contains content that would be prohibited, or violates the letter or spirit of these Terms; or (q) contains content whose dissemination to the public is restricted by law or relevant professional guidelines.
9.4 The Company specifically prohibits any unauthorised commercial use or other use of the Platform and the Products, and you agree not to do any of the following:
(a) Post content that contains links to any website competitive to the Company or Indianwin Sports Private Limited; (b) Post or submit to the Platform any incomplete, false or inaccurate biographical information or information which is not your own; (c) Delete or revise any material posted by any other person or entity; (d) Take any action that imposes an unreasonable or disproportionately large load on the Platform’s or the Company’s infrastructure; (e) Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform and search agents available from the Company on such Platform and other than generally available third party web browsers (e.g., Google Chrome, Microsoft Internet Explorer, Firefox, Safari); or (f) Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Platform.
9.5 You must use the Platform in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Platform, including without limitation, collecting contact details and/or email addresses of other Users by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Platform, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Platform, as well as attempting to gain unauthorized access to the Platform. In addition, all Users agree to comply with the provisions of any and all such laws, regulations or rules that may be enacted from time to time in India or such other jurisdictions as the Company chooses to operate in.
9.6 You shall not engage in any illegal conduct in respect of your interaction with other Users of the Platform, including any Users you may come in contact with through the Platform, whether such interaction is online or offline.
9.7 Your interaction with other Users of the Platform that you may come in contact with is at your sole and absolute discretion. Further, any offline interaction in response to any correspondence or dealings with other Users, or any information available on the Platform, is at your own risk. The Company shall in no manner be held responsible for the outcomes and consequences of any such interaction. The Company is not responsible for the conduct, whether online or offline, of any User of the Platform, including without limitation any illegal acts.
9.8 Without the prior written consent of the Company, you may not engage in advertising to, or solicitation of, other Users through the Platform to buy or sell any products or services. In general, in order to protect Users from such advertising or solicitation, the Company reserves the right, to be exercised at its sole and absolute discretion, delete any such User content uploaded, posted or transmitted in any way on the Platform.
9.9 You understand that the Company has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform and purchasing the Products) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, the Company can (and you hereby expressly authorize it to) disclose any information about you, upon request, to law enforcement agencies or other government officials, as necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
9.10 The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Platform including but not limited to any public forums and reviews The Company shall have the right to remove or edit any User content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. In no event shall the Company assume or have any responsibility or liability for any User content posted or for any claims, damages or losses resulting from use of the Platform Content, or the User content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all data you provide and all information it contains and that such data and information shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
9.11 It is possible that other persons (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to their use of the Platform, and that the recipient may use such information to harass or injure you. The Company does not approve of such unauthorized uses, but by using the Platform, and/or purchasing the Products, you acknowledge and agree that the Company is not responsible for the use of any personal information that you disclose on the Platform. You are advised to carefully select the type of information that you wish to disclose on the Platform.
9.13 In the event of breach or non-compliance by you of any of the aforesaid terms, the Company may, in its sole and absolute discretion, restrict, cancel or terminate your ability to access the Platform and/or your subsisting Orders for Products, and determine whether to take any other actions.
10. WARRANTY AND LIABILITY DISCLAIMER
10.2 While the Company undertakes reasonable efforts to ensure the descriptions, images, and other content pertaining to the Products listed on the Platform are accurate and correspond directly with the appearance, nature, quality, purpose and other general features of such listed Products, you acknowledge that the Company is merely an intermediary and the responsibility for the foregoing lies solely with the Sellers.
10.3 In consideration for the Company granting you access to and use of the Platform and purchasing the Products, you agree that the Company, the Sellers and the Company’s partners may place such advertising on the Platform or in connection with the display of Platform Content, whether submitted by them or others.
10.4 The Platform, all the materials and services, included on or otherwise made available to you through this Platform is provided by the Company on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, the Company does not warrant that:
(a) This Platform will be constantly available, or available at all; or (b) The information on this Platform is complete, true, accurate or not misleading.
10.5 The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement of the Platform, Platform Content and/or Products. The Company expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Products listed, exhibited or displayed or transacted on the Platform. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Platform Content, services, software, text, graphics and links.
10.6 As a User, you acknowledge that you are accessing the Platform and transacting on the Platform at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform. You further acknowledge and agree that you will use the Platform to order Products only for your personal use and not for business purposes. The Company shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations or warranties by the Sellers and hereby expressly disclaims any and all responsibility and liability in that regard. The Company shall not mediate or resolve any dispute or disagreement between you and the Sellers of the Products. Your relationship with the Company is on a principal to principal basis and by accepting these Terms you agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the Products listed on the Platform.
10.7 The Company does not warrant that the Platform, the Platform Content, materials or information included on or otherwise made available to you through this Platform; their servers; or electronic communication sent from and/or by the Company are free of viruses or other harmful components. Nothing on this Platform constitutes, or is meant to constitute, advice of any kind.
10.8 As a User, you acknowledge that the Platform is merely a forum to facilitate the buying and selling of Products as specified. It is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between the Seller and the User.
10.9 You acknowledge and agree that Indiawin Sports Private Limited is not the operator of the Platform, and is not responsible or liable for any injury, claims or disputes arising out of/relating to your use of the Platform.
11. ACCURACY OF INFORMATION
11.1 The general information on this Platform has been compiled by the Company or contributed by Sellers or other users of the Platform, from various sources including from external sources. No representation is made, or warranty given as to the completeness or accuracy of such information. The Platform and Platform Content despite the best efforts of the Company, may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timelines of the Platform and the Platform Content. The use of the Platform and Platform Content is at your own risk. The Company reserves the right to make changes to the Platform Content and information on the Platform, or to the services described therein, or to update such information at any time without notice, but the Company makes no commitment to correct or update this information.
11.2 You acknowledge that this Platform and certain advertisements hosted on the Platform as well as the Platform Content may contain links provided by third parties or links to third party websites. Any website, information or services accessed by or as a result of following such third-party links is at your sole risk and is subject to the policies and regulations adopted by the third party. The content viewed through any third-party links is not endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the content provided by such third-party links. Further, the accuracy of the content provided through third party links has not been verified by the Company and the Company provides no warranties with respect to such content. Any information collected on websites visited through such third-party links is subject to the privacy policies of such third-party websites and the Company shall not be responsible for any use of such information by third parties.
11.3 You agree to provide accurate information concerning your name, contact details and address and to keep the same updated in a timely manner. Neither the Company nor the Sellers and their representatives shall be liable or responsible for any failure to complete the delivery of an Order on account any deficiencies or errors in information provided by you, including but not limited to: any inability to deliver an ordered Product to you due to the provision of an incorrect address, inability to contact you due the provision of incorrect contact information or inability to verify the recipient’s identity due to the provision of an incorrect name.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY
12.1 (a) You represent, warrant and covenant that no content posted or transmitted by you on the Platform will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) You hereby agree to indemnify, defend and hold harmless the Company and all of the Company’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants, or the conduct of other users of the Platform, whether online or offline. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall cooperate as fully as reasonably required in the defense of any such claim.
12.2 In no event shall the Company be liable for any special, incidental, indirect or consequential damages of any kind in connection with your usage of the Platform.
The Company retains the right to deny access to the Platform and/or refuse the sale of Products through the Platform to anyone who it believes has violated or is reasonably likely to violate any of these Terms or does not accept these Terms. In the event that you choose to terminate and delete your user account with the Platform, or if your account on the Platform has been terminated for any other reason, you acknowledge and understand that the Company reserves the right to, at its sole discretion, either continue to display, or delete, content that you may have posted or uploaded to the Platform, and the Company has no obligation to maintain, store, delete or transfer to you, any such User content that you may have posted or uploaded to the Platform.
14. INFRINGEMENT NOTIFICATION
If you believe in good faith that any Products or Platform Content or material posted or otherwise made accessible on this Platform, violate these Terms, or is prohibited or restricted by applicable laws, rules and regulations, please compile the following information and email it to the Company at email@example.com and which email shall contain the following information:
A clear identification of the allegedly prohibited/unlawful material on the Platform; • Your contact details: name, address, e-mail address and phone number; • In case of an alleged violation of proprietary rights (including copyright, trade-mark, personality or privacy rights): a statement that you believe, in good faith, that the use of the proprietary material allegedly infringed on the Platform is not authorised by you or your agent or the law; • A statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and • A statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorised to act on your behalf.
The email notification provided by you hereunder shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms by the Platform Content.
In such an event, the Company may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Products or Platform Content violate these terms and conditions or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any mala fide use of the notification process set out above, the Company reserves the right to restrict your access to the Platform.
In the event that you wish the Company to disable access to any Products/ Platform Content or to remove/take-down any such Products/content from the Platform, in addition to the email notification set out above, you shall where required by the Platform, provide and attach a court order from a competent court or other lawful order directing the removal or disabling of access to such Products/Platform Content to the email notification provided hereunder and provide the Company with the original execution copy of such order.
15. ABUSE NOTIFICATION
If you believe in good faith that any Products/ Platform Content posted or otherwise made accessible on the Platform, or any conduct of any User with respect to the Platform violates these Terms, or is prohibited or restricted by applicable laws, rules and regulations, or is abusive or threatens and harms other users of the Platform, you may notify us at firstname.lastname@example.org. In such an event, the Company may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Products/ Platform Content, or User conduct violates these Terms or is otherwise abusive, and may take such action it deems appropriate. If you resort to any mala fide use of such notification, the Company reserves the right to restrict your access to the Platform.
a. upon your request and authorization; b. 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and c. in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
16.2 We can be contacted for any queries in relation to this Platform, by using the contact information specified in the ‘Contact Us’ page on the Platform. If you create a User account and provide us with your contact information (including your e-mail address and phone number), we may contact you to provide you with information and updates, including but not limited to fixture lists and Team updates. We also use such contact information to send out information of occasional promotional materials and new Services available.
16.3 You shall indemnify the Company against all types of losses and damages incurred by the Company due to any action taken by TRAI, Access Providers (as defined under the TRAI regulations) or any other applicable authority due to any erroneous complaint raised by you against the Company with respect to the communications mentioned above or due to an incorrect number or email id being provided by you for any reason whatsoever.
You may not assign your rights and obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations to a third party or affiliate upon issuing written notification via an announcement on the Platform, provided that the Company/assignee, as the case may be, shall discharge liabilities/obligations owed to the Users, prior to such assignment.
18. GRIEVANCE OFFICER AND CUSTOMER SUPPORT
In accordance with the Information Technology Act, 2000 and the rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer for the Platform are provided below:
Name: Mehul Dave
Email Id: : email@example.com
Additionally, you can reach our customer support team to address any of your queries/grievances through WhatsApp at +91 79770 12345 or through email at firstname.lastname@example.org
- APPLICABLE LAW
19.1 The Platform, including the Platform Content and information contained herein, shall be governed by the laws of the Republic of India and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.
**MAX BUY MAX WIN – CONTEST TERMS AND CONDITIONS**
By participating in the Max Buy Max Win contest (“the Contest”), in accordance with the Contest Rules published by Indiawin Sports Private Limited/ISPL (which by reference means Mumbai Indians) and accessed through [Instagram-https://www.instagram.com/mumbaiindians/, Twitter-https://twitter.com/mipaltan and Facebook-https://www.facebook.com/mumbaiindians ] (“the Website or the Platform” as the context so requires) owned/operated by ISPL, the participant/user being any individual who chooses to access and partake in the Contest via the Platform (“Participant”), hereby agrees to be bound by and to abide by the Rules and governing standard terms and conditions as set out below .
A) STANDARD TERMS & CONDITIONS
i) These standard terms and conditions (‘Standard Terms’) together with the Contest rules (the ‘Rules’) shall govern the participation in the Contest;
ii) These Standard Terms shall apply to the Contest, which is hosted by ISPL as a promotional activity with respect to purchasing by Participants of official Mumbai Indians merchandise on the Website/Platform.
iii) ISPL reserves the right to cancel or amend all or any part of the Contest and/or the Rules without notice. Any changes to the Rules, or cancellation of the Contest, will be posted on the Website/Platform or may be communicated by ISPL to the Participants in such other appropriate manner as decided by ISPL as per its sole discretion. It is the responsibility of Participants to keep themselves informed as to any changes to the Rules.
iv) In the event of any dispute regarding the Rules, the conduct or results of the Contest, or any other matter relating to the Contest, the decision of ISPL shall be final and unchallengeable and no correspondence or discussion shall be entered into, comment issued, or reason given in respect of any decision made by ISPL.
- ELIGIBILTY CRITERIA FOR PARTICIPANTS:
i) Every Participant must be above the age of 18 years, holding an Indian passport, and residing within the territorial limits of India. The Participant should not have any criminal conviction or an arrangement or a contract that prevents the Participant from participating in the Contest. Proof of age, if requested, of the Participant, in the must be submitted to ISPL (upon request) to confirm the eligibility of the Participant. Participants may be required to provide proof of identity and if aged under 18, should be able to demonstrate to ISPL’s satisfaction that their parent/ guardian has given their consent to such Entry.
ii) Participant(s) shall provide such information as may be requested by ISPL. Any incomplete submission will be considered invalid for the purpose of the Contest. ISPL also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant at any point in time.
iii) Each Participant acknowledges and agrees that any failure to comply with the Rules and/or any of the terms and conditions as set out herein, could lead to ISPL disqualifying that person, without ISPL giving any reason for such disqualification or granting any opportunity for challenge.
- CONTEST ENTRIES:
i) Neither ISPL, nor any of its group companies, shall be responsible in the event that the Participant is unable to complete a purchase of Mumbai Indians official merchandise via the Platform or in case of the Participant being unable to post and tag their friends on Instagram, due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the Participant clicking submits/posts and tags their friends on the relevant social media platforms button. Any automated receipt confirmation does not constitute proof of actual receipt.
ii) The Contest is subject to the Participant making bonafide purchases of the official Mumbai Indians merchandise via the Platform/Website and posting pictures of the Participant wearing the merchandise on Instagram while tagging the official Mumbai Indians handle and their friends (“Entry”). ISPL shall, as per its sole discretion, carry out a lucky draw prior to each relevant Match Day (being the day on which a Mumbai Indians home league stage match is scheduled) and shortlist 2 (two) lucky winners who have posted the maximum number of pictures of themselves in unique and distinct pieces of official Mumbai Indians Merchandise purchased by such Participant via the Platform/Website, and these 2 Participants will be entitled to the Gratification in the manner as set out below. ISPL shall select the two (2) lucky winners as per its sole and absolute discretion, considering various factors such as the number of unique items of merchandise purchased by a Participant and consequently, the number pictures posted by such Participant of itself wearing the merchandise so purchased, creativity demonstrated by the Participant in the pictures posted, etc. ISPL’s decision in this regard, shall be final and binding.
III) Unless otherwise stated in these Rules/Terms and conditions, each Participant shall be entitled to only one instance of Gratification, in the manner as specified below. A Participant once Gratified, shall not be entitled to any further Gratification for subsequent Match Days, even if such Participant makes multiple Entries in the Contest for other Match Days.
i) Participants who submit their Entry, will get gratified in the form of two (2) general match tickets for a Mumbai Indians home match, as decided by ISPL as per its sole discretion (“Gratification”).
ii) The Gratification is non-transferable and there are no cash alternatives if the Participant refuses to accept/collect the Gratification.
iii) ISPL will reach out to the winning Participants to verify their information. Subsequently, ISPL will communicate and inform the Participant as to the manner in which the Gratification is to be collected by the Participant. ISPL shall not be liable and/or responsible in any manner or form in case the Participant refuses or is unable to collect the Gratification in the manner as communicated to it by ISPL.
i) ISPL accepts no responsibility for any damage, loss, injury (other than our liability for personal injury or death as a result of our negligence) or disappointment of any kind suffered by any Participant in entering and participating in the Contest.
ii) ISPL accepts no responsibility for Entries lost, damaged or delayed due to computer error in transit, network error, server downtime, outages or due to any other reason whatsoever and the Participants hereby waive any and all claims against ISPL in this regard
iv) If requested by ISPL, all Participants unconditionally agree (as a condition of accepting the Gratification) to: (a) the use of their name, one or more photographs of themselves upon reasonably request by ISPL and (b) co-operate with or participate in any other reasonable post-Contest publicity, and hereby expressly waive any rights that they may have in this regard, in favor of ISPL.
GOVERNING LAW AND JURISDICTION:
The Rules and any dispute or claim arising out of or in connection with them or their subject matter (including the Contest), existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India. The Courts of Mumbai shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with the Contest Rules or their subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims). B) CONTEST TERMS
The rules of the Contest are as follows:
- Participants must have made bonafide purchases of the official Mumbai Indians merchandise from the Platform/Website.
- Upon making such purchases, the Participants shall be required to post pictures of themselves in the relevant merchandise items purchase by them, on Instagram, while tagging the official Mumbai Indians handle and friends of their choice.
- The Participants with the maximum pictures posted of various unique and distinct items of merchandise purchased via the Platform/Website, will be considered by ISPL for gratification, subject to the Standard Terms and Conditions, as set out above. For the avoidance of doubt, multiple pictures posted by the Participant in the same item of merchandise, shall be construed as only 1 (one) picture posted, for the purpose of determining the Entries.
- Participants shall be entitled to only one instance of Gratification in relation to any one Match Day. A Participant once Gratified, will not be eligible for any further Gratification, regardless of the number of merchandise items such Participant may choose to purchase after the Participant has been Gratified once.
- The duration of this contest shall commence from the 22nd of April, 2023 and shall continue till the last IPL league stage] game of Mumbai Indians, or otherwise as may be communicated by ISPL.
- The deadline for Participants to make Entries with respect to a particular Match Day shall be no later than 2 (two) days prior to the relevant Match Day.