Terms and Conditions

Introduction

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.sportify.co.in website & Sportify Mobile Application.

The domain name www.sportify.co.in and the mobile application 'Sportify' (hereinafter referred to as "The App") is owned by M/S SMVD a company incorporated under the Companies Act, 1956 with its registered office B-506, Shapath 4, SG Highway, Ahmedabad - 380015 (hereinafter referred to as “Sportify” or the “Company”).

Your use of the App and its services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the App including the applicable policies which are incorporated herein by way of reference. If You transact on the App, You shall be subject to the policies that are applicable to the App for such transaction. By mere use of the App, You shall be contracting with Sportify and these terms and conditions including the policies constitute Your binding obligations, with the Company.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the App by accessing the App through a personal or a shared mobile device, whether or not creating a Sportify account. The term "We", "Us", "Our" shall mean M/s SMVD.

A User can create an account on the App or register through Facebook and Google+. If you do so, you authorize us to access and use certain Facebook / Google+ account information, including but not limited to your public profile and information about friends you might share in common with other users. (Please refer to our Privacy Policy for further details) Without registration the App will give restricted access to information to a Guest User. If you wish to register with the App, you must read the Terms of Use, Privacy Policy and the Safety Pointers. If you do not agree with any terms of the App then you must not use it.

Terms of Use

MEMBERSHIP ELIGIBILITY

You must be at least 18 years of age to access and use the App. People of age 13 or more can register and access the App under Parental Guidance or under the guidance of a Legal Guardian. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. The information filled in during registration must be accurate and no misrepresentation must be made. By registering you hereby accept that you are a resident of India and not a convicted felon or a registered sex offender in any state.

RESTRICTED ACCESS AND TERMINATION

Access to certain areas of the App is restricted for the registered Users only. We reserve the right to restrict access to certain areas of the App, or at our discretion. If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your account on the App. We may disable or terminate your account at our discretion without notice or explanation. We may change or modify this policy without any notice.

USE OF THE APP

You agree, undertake and confirm that Your use of the App shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

• a) belongs to another person and to which You do not have any right to;
• b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• c) is misleading in any way;
• d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• e) harasses or advocates harassment of another person;
• f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
• i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• m) contains video, photographs, or images of another person (with a minor or an adult).
• n) tries to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the App. Throughout this Terms of Use, Our 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 authorization;
• p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
• q) interferes with another USER's use and enjoyment of the App or any other individual's User and enjoyment of similar services;
• r) refers to any Website & Mobile Application or URL that, in Our sole discretion, contains material that is inappropriate for the App or any other Website & Mobile Application, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
• s) harm minors in any way;
• t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
• u) violates any law for the time being in force;
• v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• w) impersonate another person;
• x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• y) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
• z) shall not be false, inaccurate or misleading;
• aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
• bb) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
• 2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website & the App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website & the App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. We reserve Our right to bar any such activity.
• 3. You shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the Website & Mobile Application or to any server, computer, network, or to any of the services offered on or through the App, by hacking, password “mining” or any other illegitimate means.
• 4. You shall not probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App.
• 5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Sportify.co.in, Sportify, SMVD, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or Service Provider/Sellers on platform or otherwise tarnish or dilute any the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or the Company’s systems or networks, or any systems or networks connected to the Company.
• 6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person’s use of App.
• 7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the App or any service offered on or through the App. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
• 8. You may not use the App or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and / or others.
• 9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
• 10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the App.
• 11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
• 12. You shall not engage in advertising to, or solicitation of, other Users of the App to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on App or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the App. It shall be a violation of these Terms of Use to use any information obtained from the App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the App) 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, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
• 13. We reserve the right, but has no obligation, to monitor the materials posted on the App. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE APP AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
• 14. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the App.
• 15. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the App, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the App You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the App. Please carefully select the type of information that You publicly disclose or share with others on the App.
• 16. The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).