Terms & Conditions
You have accessed our app (App) and/or our Website www.sportswander.com (Website).The domain name SportsWander is owned by Nutz Technovation Private Limited, a private company and having registered office at Erode, Tamilnadu(Copyright © 2024, Nutz Technovation Private Limited). All rights reserved. The Website and/or App are internet based portals owned and operated by SportsWander.
These Terms and Conditions of use (Terms of Use) are between Sportswander and the users who visit us and/or are registered with us, by following our registration process and the users that use our Services (as defined hereinafter) or any part there of on and from our Website and/or App (You or Your or Users). It is hereby clarified that the term User shall deem to include all users of the Website, including without limitation users who are browsing, individuals or the family members of the individuals who obtain and/or intend to obtain our services, coaches, academies, service providers, merchants, and/or are in any manner connected with and/or contribute to the use of the Website and/or App and/or the Services provided through it.
Please read these Terms of Use carefully before using or registering or accessing any information or Services through the Website and/or App. By using the Website and/or App or any facility or Services provided by the Website and/or App in any manner whatsoever or by merely browsing the Website and/or App, You signify Your acceptance and shall be legally bound by these Terms of Use, along with any amendments made by Sportswander, at its sole discretion and posted and/or updated on the Website and/or App, and the applicable policies which are incorporated herein by way of reference and as amended from time to time. If these Terms of Use conflict with any other document, these Terms of Use will prevail for the purposes of usage of the Website and/or App. If You do not agree to all or any of the Terms of Use, we recommend You to cease Your access to the Website and/or App or use any Services.
Please read these Terms of Use carefully before using or registering or accessing any information or Services through the Website and/or App. By using the Website and/or App or any facility or Services provided by the Website and/or App in any manner whatsoever or by merely browsing the Website and/or App, You signify Your acceptance and shall be legally bound by these Terms of Use, along with any amendments made by SportsWander, at its sole discretion and posted and/or updated on the Website and/or App, and the applicable policies which are incorporated herein by way of reference and as amended from time to time. If these Terms of Use conflict with any other document, these Terms of Use will prevail for the purposes of usage of the Website and/or App. If You do not agree to all or any of the Terms of Use, we recommend You to cease Your access to the Website and/or App or use any Services.
AMENDMENT
Sportswander reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. The revised Terms of Use shall be made available on the Website and/or App. Your use of the Website and/or App and the Services is subject to the most current version of the Terms of Use made available on the Website and/or App at the time of such use. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website and/or App following the posting of changes will mean that You accept and agree to the revisions. Any new features or tools which are added to the Website and/or App shall also be subject to the Terms of Use.
ELIGIBILITY TO USE
Use of the Website and/or App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website and/or App. As a minor if You wish to use the Website and/or App, such use may be made through Your legal guardian or parents who will be deemed to have given their consent to allow any of their minor dependents to use this Website and/or App at the risks and consequences of the legal guardian or parents, as the case may be.
Sportswander reserves the right to terminate Your registration and / or refuse to provide You with access to the Website and/or App if it is brought to Sportswander's notice or if it is discovered or if Sportswander has reason to believe that You are incompetent to contract within the meaning of the Indian Contract Act, 1872. Further, Sportswander reserves the right to refuse access to use the Services offered at the Website and/or App to new Users or to suspend and/or terminate access granted to existing and/or registered Users at any time without according any reasons for doing so.
ACCOUNT CREATION
1) What age do I have to be to register an account? Our Platform is available to anyone who is at least 13 years of age and over. By accessing or using the Services you confirm that you: Are at least 15 years of age, are fully able and competent to enter into binding contracts, and will comply with these Terms of Service. Please note however that some certain clubs, functions or coaching sessions may require the User to be over a certain age, for example 18 or 21 years of age. Any additional eligibility requirements will be made clear before you attempt to join the particular Tournaments, functions or Events.
2) What if I am under 13? Sorry, but at this stage you cannot register with SportsWander if you are under 13 years of age. Account Information – By creating an account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form and maintain and promptly update the information we hold about you to keep it true, accurate, current and complete.
3) We reserve the right to refuse any application to join SportsWander or to terminate or suspend any account if we reasonably believe that, you do not meet the criteria set out in this, you would not be able to comply with these terms (for example if you are under the age of 13) or any of the information you have provided is untrue, inaccurate, non-current or incomplete.
4) If I don’t register, what can I see? Non-registered Users are able to access only the parts of the Service that are publicly available and do not enjoy all of the privileges of being a registered member.
5) Do you do any background or criminal checks? We do carry out background checks (including criminal records checks, CCJ and DBS checks) on individuals looking to register as Tournaments or organizers of events. This is to protect our users. You need to be careful when interacting with other people online, and you can read more about what safety measures.
SERVICES
The Website and/or App is an online platform that supports and facilitates its registered Users to gain access to Tournaments, Events and expert knowledge related to various sports and related facilities, as are enlisted on this Website and/or App and provide services there to including but not limited to making online bookings and/or registrations with expert coaches and/or academies and/or turfs that the User is interested in, as per the requirements of the User and availability of the Booking and/or Events and/or turfs and/or any other third-party associated with us in providing the services (Service Providers), through our Website and/App (Services). In case You have any queries with respect to our Services, we encourage You to write to us at [email protected] and we shall be glad to assist You.
To use the Services, the registered Users would be required to select the sports, Tournaments/Events/turf etc., day, time, area and such other information as may be required on our Website and/or App (Original Booking). Thereafter, the User would be required to pay the fees for such Services (Fees), as per the fees schedule stated therein, through the payment options and/or gateways enlisted on our Website and/or App. On receipt of payments, we shall immediately provide You with a system- generated provisional confirmation of the Original Booking (Provisional Confirmation). Within 48 (Forty-Eight) working hours from the issue of the Provisional Confirmation, we shall either provide you a final confirmation of the booking or shall contact You for revising the Original Booking in the event we are unable to get You the desired parameters stated in your Original Booking. In such an event where we are unable to get You confirmation on Original Booking, we shall on best efforts basis, try to provide You with alternate time/day/area etc. slots, similar to your Original Booking, which may or may not be with the same Service Providers. Incase you confirm the proposed alternate options, you would be required to revise the details on the Website and/or App (Revised Booking). It is hereby clarified that incase the Fees for the Original Booking is lower than the Revised Booking, you would be required to pay the differential amount through the payment link available on our Website and/or App to generate final confirmation; and incase the Fees for the Original Booking is higher than the Revised Booking, we would refund the differential as per our refund policy. Once the Fees for the Original Booking or the revised Fees for the Revised Booking is paid to Us, we shall provide You with the final confirmation (ÒFinal ConfirmationÓ) within 48 (forty-eight) working hours from the time of receipt of full Fees. Please refer our detailed Pricing and Refund terms as stated hereunder for clarity on any queries with respect to the same.
Incase you are dissatisfied by the alternate options provided by Us, you shall have the right to cancel the Provisional Confirmation and we shall refund the Fees paid by you as per our terms of Refund as stated herein.
In the event You are a Service Provider associated with SportsWander, You shall be expected to confirm such bookings and/or registrations as per the terms of our engagement with You. If You accept any bookings and/or registrations, You shall not be allowed to cancel and/or re-schedule the same, unless permitted in Your terms of engagement or approved in advance in writing by Us. You may, before accepting such bookings and/or registrations, put the same under review, and we shall contact you to identify the reasons for non-acceptance. You hereby agree that you would give preference to all booking requests received through SportsWander's Website and/or App.
It is hereby clarified that merely a Provisional Confirmation shall in no way be construed as a confirmation of the Original Booking, unless Final Confirmation is generated by Us.Notwithstanding anything to the contrary stated elsewhere in the Terms of Use, it is hereby stated that SportsWander is not liable to provide Final Confirmation post receipt of Fees because the final booking is subject to other factors, including but not limited to availability of the Service Providers. Further, it is understood that SportsWander is only a platform to register and/or book for Services and is in no way responsible for any execution and/or performance and/or non-performance of services by any Service Provider associated herewith.
It is hereby clarified that the Provisional Confirmation and/or the Final Confirmation is personal and non-transferable.Any error or omission of any information that we publish about the Services shall be subject to correction.
INTERRUPTION OF SERVICES
Subject to compliance with these Terms of Use, SportsWander grants You a personal, non-transferable, non-exclusive, limited privilege to use this Website and/or App. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of SportsWander and SportsWander shall not be responsible for any data lost while transmitting information on the internet. While it is the Company's objective to make the Website and/or App accessible 24 (twenty-four) hours per day, 7 (seven) days per week, the Website and/or App may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of SportsWander, access to the Website and/or App may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Website and/or App, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information or may change or eliminate any transmission method and transmission speeds or other signal characteristics. SportsWander reserves the right to refuse access to the Website and/or App, terminate Accounts, remove or edit contents without any notice to You. We reserve the right, but are not obligated, to limit the provision of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services or pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any Service at any time. Any Provisional Confirmation and/or Final Confirmation for any Service made on this site is void, if prohibited under any applicable law.
PRICING AND REFUND
At SportsWander, we have customized pricing according to the Services rendered by us. The prices of the Services stated are in Indian Rupees and are inclusive of service tax, the details of which are provided to You beforehand according to the effort, efficiency and the output of the Service.
The registered User shall be able to book and/or register for a Service with any particular Service Provider only on advance payment of the Fees associated with the Services selected by You. The payment shall be made only through the payment gateways and modes enlisted on our Website and/or App.
On receipt of Final Confirmation from SportsWander, the User shall not be expected to pay any extra charges, unless the nature of transaction so requires. However, in the event of Revised Booking, You may be required to pay the differential in the Fees of the Original Booking and the Revised Booking.
Incase you decline the alternate options proposed by Us or incase the fees paid for the original booking is higher than the fees payable for the Revised Booking, we shall refund the full fees or the differential fees, as the case be, within 7 (seven) working days from the date of Your decision of cancellation of the Provisional Confirmation or selection of the Revised Booking, as the case be.
We work hard to ensure the accuracy of pricing. Despite our efforts, pricing errors may still occur.By providing a credit card or other payment method that we accept, You represent and warrant that You are authorized to use the designated payment method and that You authorize us (or our third-party payment processor) to charge Your payment for the total amount towards the Services as stated in the Final Confirmation (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Your service request may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with Your service request. In the event You want to change or update payment information associated with Your SportsWander account, You can do so at any time by logging into Your account and editing Your payment information. You acknowledge that the amount billed may vary due to promotional offers, change in Your preferred sessions or changes in applicable taxes or other charges, and You authorize us (or our third- party payment processor) to charge Your payment method for the corresponding amount.
Prices may be adjusted at any time and for any reason (or no reason) and without providing You prior notice. Services booked and paid for, are subject to availability, and we reserve the right to cancel all or part of Services and to discontinue making certain Services available through SportsWander without prior notice.
It is hereby clarified that the User shall not be permitted to cancel the Provisional Confirmation and obtain any refund against it under any circumstances, except as stated below:
a. the event SportsWander is unable to confirm the Services for which Provisional Confirmation is generated; OR
b. if the User is not willing to opt for any alternate Services suggested by SportsWander.
USER ACCOUNT
You shall have to apply for registration as a User to use our Website and/or App. SportsWander shall provide the Services to You through the Website and/or App only, if You have created an account and are registered with us. We shall be entitled to ask You to submit certain information (Account Information) that shall qualify the eligibility criterias laid down for registration by SportsWander from time to time. Each registered User will be given a unique registration id/Your name and password. You can even apply for registration through any other login ID and password (including Facebook, Gmail or Yahoo ID) (Account). SportsWander reserves the right to ask the applicant for more information, if necessary. SportsWander may, for reasons it deems necessary, refuse registration of any User and it is clarified that the decision of SportsWander, in this case, shall be final and conclusive. You shall ensure that the Account Information provided by You is complete, true and accurate. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SportsWander has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SportsWander has the right to suspend and/or terminate Your Account and refuse any and all current or future use of the Website and/or App (or any portion thereof). However, SportsWander reserves the right to allow restricted access to the Services for unregistered users but in such a case, only few functionalities of the Website and/or App and/or Services may be available for Your use. You shall be responsible for maintaining the confidentiality of the Account Information and restricting access to Your computer/phone/tablet/any other device to prevent unauthorised access to Your Account. You shall be fully responsible for all activities that occur through Your Account. You shall:
a) register in Your own name only and all Account Information provided by You will be accurate and up-to-date;
b) not pass yourself off as someone else or create multiple and/or false Accounts;
c) promptly update any of Your Account Information in case of any change in the same and also update any new Account Information as required by SportsWander to do so;
d) not transfer Your membership/registration to another person;
e) immediately notify SportsWander of any unauthorized use of Your Account or any breach of security;
f) inform SportsWander immediately if You have reason to believe that Your password is known to someone else or if Your Account is being, or is likely to be, used in an unauthorized manner;
g) log out of Your Account at the end of each session.
SportsWander shall not be responsible for Your failure to comply with the above. You may be held liable for any loss incurred by SportsWander or any other third party due to any authorized or unauthorized use of Your Account and You shall be responsible to indemnify SportsWander for the same.
You can access and administer Your Account by entering the username and password. You can also update Your personal details (including Your Account Information and preferences) by accessing Your Account and making any necessary changes; this will update Your details across all Services of SportsWander. SportsWander would use this information to provide Your recommendations and options related to the Services requested by You. To deactivate Your account, You may follow the instructions given on our Website and/or App or You may contact our customer support team. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any payments that arise from Your failure to deactivate Your account.
TERMINATION/SUSPENSION OF ACCOUNT
We reserve the right to terminate or suspend Your Account and/or suspend Your access to the Services under the following circumstances (non- exclusive list):
i. You are in breach of any term or condition of this Terms of Use;
ii. You are in breach of any laws that are applicable to You;
iii. Your use of the Service disrupts our business operations or affects any other party; or
iv. You have behaved in a way, which objectively could be regarded as inappropriate or is unlawful or illegal or which would bring us and/or Company into disrepute.
We may suspend access to the Services or require You to change Your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify You accordingly. SportsWander may constantly monitor the User's Account in order to avoid fraudulent accounts. Users with more than one account or availing our Services fraudulently shall be liable for legal actions under applicable law. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and/or App and any other unlawful acts or omissions in breach of these Terms of Use. In the event of detection of any fraudulent action, prior to initiation of legal actions, we reserve the right to immediately delete such Account. Any termination of Your registration and/or Account or the Services will not affect liability previously incurred by You.
If at any time, we notify You that Your access to and/or use of the Website and/or App or Your Account is suspended and/or terminated, You must cease and desist from all such access and/or use immediately.
USER OBLIGATIONS
You agree to use the Services, Website and/or App and the content provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in India and under any applicable law of other jurisdictions.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website and/or App. We grant You a limited license to access and make use of our Website and/or App, however the following usages are not permitted:
1. downloading (other than page caching) or modifying content or any portion of it, on our App and/or Website, except with our express written consent;
2. any resale or commercial use, except as provided hereunder and agreed between SportsWander and You;
3. downloading or using other User's content without Sportswander's prior written consent;
4. any collection and use of any content, descriptions; any derivative use of Website and/or App or its contents;
5. any downloading or copying of Account information for the benefit of another person.
You shall not download any content from our Website and/or App, unless expressly permitted by SportsWander to do so.You shall solely be responsible for maintaining the necessary computer equipment and/or mobile phone and the necessary hardware and software associated thereto and internet connections that may be required to access and use our Website and/or App. You acknowledge and agree that by accessing or using the Website and/or App or Services, You be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. Sportswander disclaims all liabilities arising in relation to such offensive content on the Website and/or App. Further, You may report such offensive content in the manner prescribed under herein. SportsWander shall, in its sole discretion, reserve the right to remove any content uploaded by any User whatsoever reasons. It is hereby clarified that the liability of the material of the any content posted by the User and views expressed therein shall at all times be that of the User contributing such content and SportsWander expressly disclaims all liabilities associated thereto and the User shall be responsible for infringement of any third-party rights.
You agree that SportsWander may, at any time, alter, modify, suspend or discontinue all or part of the Website and/or App, charge, charge fees for use of the Website and/or App, or offer opportunities to some or all Website and/or App Users and for any reason, without notice or cost.
THIRD PARTY CONTENT
The Website and/or App may contain links to other Website and/or App (Linked Sites). The Linked Sites are not under the control of SportsWander or the Website and/or App and SportsWander is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SportsWander is not responsible for any form of transmission, whatsoever, received by You from any Linked Site. SportsWander is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by SportsWander or the Website and/or App of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
PRIVACY POLICY
We view protection of Your privacy as a very important principle. We understand clearly that You and Your personal information is one of our most important assets. We store and process Your information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers and/or mobile device that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Please read our Privacy Policy to understand more about using, collecting and sharing of information shared by You with SportsWander.
WARRANTIES AND LIMITATION OF LIABILITY
You remain solely responsible for the content of the materials You post on SportsWander and in Your private messages. Please be advised that such content posted does not reflect our views nor do we endorse any such content. In no event shall we 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 SportsWander.
SportsWander (including its agents, affiliates and employees) makes no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and/or App or that the operation of the Website and/or App will be error free and/or uninterrupted. Consequently, SportsWander assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and/or App; and/or any interruption or errors in the operation of the Website and/or App.
You shall accept sole responsibility for, and SportsWander shall not be liable for, any use of the Services by You or any other third party and the User shall hold SporstWander harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such use.
SportsWander therefore, provides no warranties, whatsoever, so as to the material of the content or the User's right to post or upload and/or submit to us for uploading the content or the authenticity of the content or any opinion, recommendation, or advice expressed in such content submitted to be uploaded by the User.
This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, whether in tort or contract or under any applicable law and shall apply to the maximum extent permitted by applicable law.
DISCLAIMER
SporstWander makes all endeavors to ensure that all the information on the Website and/or App is correct, but SportsWander neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Service or any content available on the Website and/or App. The material on SportsWander is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at Your own risk. In no event shall SportsWander be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website and/or App or Service. Neither shall SportsWander be responsible for the delay or inability to use the Website and/or App or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website and/or App, or otherwise arising out of the use of the Website and/or App, whether based on contract, tort, negligence, strict liability or otherwise. Further, SportsWander shall not be held responsible for non-availability of the Website and/or App during periodic maintenance operations or any unplanned suspension of access to the Website and/or App that may occur due to technical reasons or for any reason beyond SportsWander's control. The internet is not a secure environment and we cannot guarantee that the Website and/or App and its servers are free of viruses or other harmful applications. Moreover, the Website and/or App may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this Website and/or App at any time, but we have no obligation to update any information on our Website and/or App. You agree that it is Your responsibility to monitor changes to our Website and/or App.
NOTICES
You agree that, unless other instructions are posted on Website and/or App, any notices required to be given under this Terms of Use will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the Users in accordance with the most current contact information You have provided to us, and the contact information for You to reach us is posted on Website and/or App. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. You give Your express consent to SportsWander to send to notices, updates, alerts and other promotional materials.
CONTACT US
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website and/or App. We provide telephonic and email support as a part of our customer support during all working days i.e. from Monday to Saturday, at any time during 10.00 a.m. to 7.30 p.m.
GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer at [email protected]
MISCELLANEOUS:
No waiver by us of any breach of these terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of Your obligations.
The rights and remedies of is under these terms are independent, cumulative and without prejudice to our rights under the law.These terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.
If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms of Use shall continue to be in full force and effect.
This Terms of Use, as may be updated from time to time and represents the complete agreement and understanding with respect to the Service and supersedes any other written or oral agreement.
These Terms and Conditions of use (Terms of Use) are between Sportswander and the users who visit us and/or are registered with us, by following our registration process and the users that use our Services (as defined hereinafter) or any part there of on and from our Website and/or App (You or Your or Users). It is hereby clarified that the term User shall deem to include all users of the Website, including without limitation users who are browsing, individuals or the family members of the individuals who obtain and/or intend to obtain our services, coaches, academies, service providers, merchants, and/or are in any manner connected with and/or contribute to the use of the Website and/or App and/or the Services provided through it.
Please read these Terms of Use carefully before using or registering or accessing any information or Services through the Website and/or App. By using the Website and/or App or any facility or Services provided by the Website and/or App in any manner whatsoever or by merely browsing the Website and/or App, You signify Your acceptance and shall be legally bound by these Terms of Use, along with any amendments made by Sportswander, at its sole discretion and posted and/or updated on the Website and/or App, and the applicable policies which are incorporated herein by way of reference and as amended from time to time. If these Terms of Use conflict with any other document, these Terms of Use will prevail for the purposes of usage of the Website and/or App. If You do not agree to all or any of the Terms of Use, we recommend You to cease Your access to the Website and/or App or use any Services.
Please read these Terms of Use carefully before using or registering or accessing any information or Services through the Website and/or App. By using the Website and/or App or any facility or Services provided by the Website and/or App in any manner whatsoever or by merely browsing the Website and/or App, You signify Your acceptance and shall be legally bound by these Terms of Use, along with any amendments made by SportsWander, at its sole discretion and posted and/or updated on the Website and/or App, and the applicable policies which are incorporated herein by way of reference and as amended from time to time. If these Terms of Use conflict with any other document, these Terms of Use will prevail for the purposes of usage of the Website and/or App. If You do not agree to all or any of the Terms of Use, we recommend You to cease Your access to the Website and/or App or use any Services.
AMENDMENT
Sportswander reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. The revised Terms of Use shall be made available on the Website and/or App. Your use of the Website and/or App and the Services is subject to the most current version of the Terms of Use made available on the Website and/or App at the time of such use. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website and/or App following the posting of changes will mean that You accept and agree to the revisions. Any new features or tools which are added to the Website and/or App shall also be subject to the Terms of Use.
ELIGIBILITY TO USE
Use of the Website and/or App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website and/or App. As a minor if You wish to use the Website and/or App, such use may be made through Your legal guardian or parents who will be deemed to have given their consent to allow any of their minor dependents to use this Website and/or App at the risks and consequences of the legal guardian or parents, as the case may be.
Sportswander reserves the right to terminate Your registration and / or refuse to provide You with access to the Website and/or App if it is brought to Sportswander's notice or if it is discovered or if Sportswander has reason to believe that You are incompetent to contract within the meaning of the Indian Contract Act, 1872. Further, Sportswander reserves the right to refuse access to use the Services offered at the Website and/or App to new Users or to suspend and/or terminate access granted to existing and/or registered Users at any time without according any reasons for doing so.
ACCOUNT CREATION
1) What age do I have to be to register an account? Our Platform is available to anyone who is at least 13 years of age and over. By accessing or using the Services you confirm that you: Are at least 15 years of age, are fully able and competent to enter into binding contracts, and will comply with these Terms of Service. Please note however that some certain clubs, functions or coaching sessions may require the User to be over a certain age, for example 18 or 21 years of age. Any additional eligibility requirements will be made clear before you attempt to join the particular Tournaments, functions or Events.
2) What if I am under 13? Sorry, but at this stage you cannot register with SportsWander if you are under 13 years of age. Account Information – By creating an account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form and maintain and promptly update the information we hold about you to keep it true, accurate, current and complete.
3) We reserve the right to refuse any application to join SportsWander or to terminate or suspend any account if we reasonably believe that, you do not meet the criteria set out in this, you would not be able to comply with these terms (for example if you are under the age of 13) or any of the information you have provided is untrue, inaccurate, non-current or incomplete.
4) If I don’t register, what can I see? Non-registered Users are able to access only the parts of the Service that are publicly available and do not enjoy all of the privileges of being a registered member.
5) Do you do any background or criminal checks? We do carry out background checks (including criminal records checks, CCJ and DBS checks) on individuals looking to register as Tournaments or organizers of events. This is to protect our users. You need to be careful when interacting with other people online, and you can read more about what safety measures.
SERVICES
The Website and/or App is an online platform that supports and facilitates its registered Users to gain access to Tournaments, Events and expert knowledge related to various sports and related facilities, as are enlisted on this Website and/or App and provide services there to including but not limited to making online bookings and/or registrations with expert coaches and/or academies and/or turfs that the User is interested in, as per the requirements of the User and availability of the Booking and/or Events and/or turfs and/or any other third-party associated with us in providing the services (Service Providers), through our Website and/App (Services). In case You have any queries with respect to our Services, we encourage You to write to us at [email protected] and we shall be glad to assist You.
To use the Services, the registered Users would be required to select the sports, Tournaments/Events/turf etc., day, time, area and such other information as may be required on our Website and/or App (Original Booking). Thereafter, the User would be required to pay the fees for such Services (Fees), as per the fees schedule stated therein, through the payment options and/or gateways enlisted on our Website and/or App. On receipt of payments, we shall immediately provide You with a system- generated provisional confirmation of the Original Booking (Provisional Confirmation). Within 48 (Forty-Eight) working hours from the issue of the Provisional Confirmation, we shall either provide you a final confirmation of the booking or shall contact You for revising the Original Booking in the event we are unable to get You the desired parameters stated in your Original Booking. In such an event where we are unable to get You confirmation on Original Booking, we shall on best efforts basis, try to provide You with alternate time/day/area etc. slots, similar to your Original Booking, which may or may not be with the same Service Providers. Incase you confirm the proposed alternate options, you would be required to revise the details on the Website and/or App (Revised Booking). It is hereby clarified that incase the Fees for the Original Booking is lower than the Revised Booking, you would be required to pay the differential amount through the payment link available on our Website and/or App to generate final confirmation; and incase the Fees for the Original Booking is higher than the Revised Booking, we would refund the differential as per our refund policy. Once the Fees for the Original Booking or the revised Fees for the Revised Booking is paid to Us, we shall provide You with the final confirmation (ÒFinal ConfirmationÓ) within 48 (forty-eight) working hours from the time of receipt of full Fees. Please refer our detailed Pricing and Refund terms as stated hereunder for clarity on any queries with respect to the same.
Incase you are dissatisfied by the alternate options provided by Us, you shall have the right to cancel the Provisional Confirmation and we shall refund the Fees paid by you as per our terms of Refund as stated herein.
In the event You are a Service Provider associated with SportsWander, You shall be expected to confirm such bookings and/or registrations as per the terms of our engagement with You. If You accept any bookings and/or registrations, You shall not be allowed to cancel and/or re-schedule the same, unless permitted in Your terms of engagement or approved in advance in writing by Us. You may, before accepting such bookings and/or registrations, put the same under review, and we shall contact you to identify the reasons for non-acceptance. You hereby agree that you would give preference to all booking requests received through SportsWander's Website and/or App.
It is hereby clarified that merely a Provisional Confirmation shall in no way be construed as a confirmation of the Original Booking, unless Final Confirmation is generated by Us.Notwithstanding anything to the contrary stated elsewhere in the Terms of Use, it is hereby stated that SportsWander is not liable to provide Final Confirmation post receipt of Fees because the final booking is subject to other factors, including but not limited to availability of the Service Providers. Further, it is understood that SportsWander is only a platform to register and/or book for Services and is in no way responsible for any execution and/or performance and/or non-performance of services by any Service Provider associated herewith.
It is hereby clarified that the Provisional Confirmation and/or the Final Confirmation is personal and non-transferable.Any error or omission of any information that we publish about the Services shall be subject to correction.
INTERRUPTION OF SERVICES
Subject to compliance with these Terms of Use, SportsWander grants You a personal, non-transferable, non-exclusive, limited privilege to use this Website and/or App. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of SportsWander and SportsWander shall not be responsible for any data lost while transmitting information on the internet. While it is the Company's objective to make the Website and/or App accessible 24 (twenty-four) hours per day, 7 (seven) days per week, the Website and/or App may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of SportsWander, access to the Website and/or App may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Website and/or App, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information or may change or eliminate any transmission method and transmission speeds or other signal characteristics. SportsWander reserves the right to refuse access to the Website and/or App, terminate Accounts, remove or edit contents without any notice to You. We reserve the right, but are not obligated, to limit the provision of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services or pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any Service at any time. Any Provisional Confirmation and/or Final Confirmation for any Service made on this site is void, if prohibited under any applicable law.
PRICING AND REFUND
At SportsWander, we have customized pricing according to the Services rendered by us. The prices of the Services stated are in Indian Rupees and are inclusive of service tax, the details of which are provided to You beforehand according to the effort, efficiency and the output of the Service.
The registered User shall be able to book and/or register for a Service with any particular Service Provider only on advance payment of the Fees associated with the Services selected by You. The payment shall be made only through the payment gateways and modes enlisted on our Website and/or App.
On receipt of Final Confirmation from SportsWander, the User shall not be expected to pay any extra charges, unless the nature of transaction so requires. However, in the event of Revised Booking, You may be required to pay the differential in the Fees of the Original Booking and the Revised Booking.
Incase you decline the alternate options proposed by Us or incase the fees paid for the original booking is higher than the fees payable for the Revised Booking, we shall refund the full fees or the differential fees, as the case be, within 7 (seven) working days from the date of Your decision of cancellation of the Provisional Confirmation or selection of the Revised Booking, as the case be.
We work hard to ensure the accuracy of pricing. Despite our efforts, pricing errors may still occur.By providing a credit card or other payment method that we accept, You represent and warrant that You are authorized to use the designated payment method and that You authorize us (or our third-party payment processor) to charge Your payment for the total amount towards the Services as stated in the Final Confirmation (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Your service request may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with Your service request. In the event You want to change or update payment information associated with Your SportsWander account, You can do so at any time by logging into Your account and editing Your payment information. You acknowledge that the amount billed may vary due to promotional offers, change in Your preferred sessions or changes in applicable taxes or other charges, and You authorize us (or our third- party payment processor) to charge Your payment method for the corresponding amount.
Prices may be adjusted at any time and for any reason (or no reason) and without providing You prior notice. Services booked and paid for, are subject to availability, and we reserve the right to cancel all or part of Services and to discontinue making certain Services available through SportsWander without prior notice.
It is hereby clarified that the User shall not be permitted to cancel the Provisional Confirmation and obtain any refund against it under any circumstances, except as stated below:
a. the event SportsWander is unable to confirm the Services for which Provisional Confirmation is generated; OR
b. if the User is not willing to opt for any alternate Services suggested by SportsWander.
USER ACCOUNT
You shall have to apply for registration as a User to use our Website and/or App. SportsWander shall provide the Services to You through the Website and/or App only, if You have created an account and are registered with us. We shall be entitled to ask You to submit certain information (Account Information) that shall qualify the eligibility criterias laid down for registration by SportsWander from time to time. Each registered User will be given a unique registration id/Your name and password. You can even apply for registration through any other login ID and password (including Facebook, Gmail or Yahoo ID) (Account). SportsWander reserves the right to ask the applicant for more information, if necessary. SportsWander may, for reasons it deems necessary, refuse registration of any User and it is clarified that the decision of SportsWander, in this case, shall be final and conclusive. You shall ensure that the Account Information provided by You is complete, true and accurate. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SportsWander has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SportsWander has the right to suspend and/or terminate Your Account and refuse any and all current or future use of the Website and/or App (or any portion thereof). However, SportsWander reserves the right to allow restricted access to the Services for unregistered users but in such a case, only few functionalities of the Website and/or App and/or Services may be available for Your use. You shall be responsible for maintaining the confidentiality of the Account Information and restricting access to Your computer/phone/tablet/any other device to prevent unauthorised access to Your Account. You shall be fully responsible for all activities that occur through Your Account. You shall:
a) register in Your own name only and all Account Information provided by You will be accurate and up-to-date;
b) not pass yourself off as someone else or create multiple and/or false Accounts;
c) promptly update any of Your Account Information in case of any change in the same and also update any new Account Information as required by SportsWander to do so;
d) not transfer Your membership/registration to another person;
e) immediately notify SportsWander of any unauthorized use of Your Account or any breach of security;
f) inform SportsWander immediately if You have reason to believe that Your password is known to someone else or if Your Account is being, or is likely to be, used in an unauthorized manner;
g) log out of Your Account at the end of each session.
SportsWander shall not be responsible for Your failure to comply with the above. You may be held liable for any loss incurred by SportsWander or any other third party due to any authorized or unauthorized use of Your Account and You shall be responsible to indemnify SportsWander for the same.
You can access and administer Your Account by entering the username and password. You can also update Your personal details (including Your Account Information and preferences) by accessing Your Account and making any necessary changes; this will update Your details across all Services of SportsWander. SportsWander would use this information to provide Your recommendations and options related to the Services requested by You. To deactivate Your account, You may follow the instructions given on our Website and/or App or You may contact our customer support team. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any payments that arise from Your failure to deactivate Your account.
TERMINATION/SUSPENSION OF ACCOUNT
We reserve the right to terminate or suspend Your Account and/or suspend Your access to the Services under the following circumstances (non- exclusive list):
i. You are in breach of any term or condition of this Terms of Use;
ii. You are in breach of any laws that are applicable to You;
iii. Your use of the Service disrupts our business operations or affects any other party; or
iv. You have behaved in a way, which objectively could be regarded as inappropriate or is unlawful or illegal or which would bring us and/or Company into disrepute.
We may suspend access to the Services or require You to change Your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify You accordingly. SportsWander may constantly monitor the User's Account in order to avoid fraudulent accounts. Users with more than one account or availing our Services fraudulently shall be liable for legal actions under applicable law. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and/or App and any other unlawful acts or omissions in breach of these Terms of Use. In the event of detection of any fraudulent action, prior to initiation of legal actions, we reserve the right to immediately delete such Account. Any termination of Your registration and/or Account or the Services will not affect liability previously incurred by You.
If at any time, we notify You that Your access to and/or use of the Website and/or App or Your Account is suspended and/or terminated, You must cease and desist from all such access and/or use immediately.
USER OBLIGATIONS
You agree to use the Services, Website and/or App and the content provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in India and under any applicable law of other jurisdictions.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website and/or App. We grant You a limited license to access and make use of our Website and/or App, however the following usages are not permitted:
1. downloading (other than page caching) or modifying content or any portion of it, on our App and/or Website, except with our express written consent;
2. any resale or commercial use, except as provided hereunder and agreed between SportsWander and You;
3. downloading or using other User's content without Sportswander's prior written consent;
4. any collection and use of any content, descriptions; any derivative use of Website and/or App or its contents;
5. any downloading or copying of Account information for the benefit of another person.
You shall not download any content from our Website and/or App, unless expressly permitted by SportsWander to do so.You shall solely be responsible for maintaining the necessary computer equipment and/or mobile phone and the necessary hardware and software associated thereto and internet connections that may be required to access and use our Website and/or App. You acknowledge and agree that by accessing or using the Website and/or App or Services, You be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. Sportswander disclaims all liabilities arising in relation to such offensive content on the Website and/or App. Further, You may report such offensive content in the manner prescribed under herein. SportsWander shall, in its sole discretion, reserve the right to remove any content uploaded by any User whatsoever reasons. It is hereby clarified that the liability of the material of the any content posted by the User and views expressed therein shall at all times be that of the User contributing such content and SportsWander expressly disclaims all liabilities associated thereto and the User shall be responsible for infringement of any third-party rights.
You agree that SportsWander may, at any time, alter, modify, suspend or discontinue all or part of the Website and/or App, charge, charge fees for use of the Website and/or App, or offer opportunities to some or all Website and/or App Users and for any reason, without notice or cost.
THIRD PARTY CONTENT
The Website and/or App may contain links to other Website and/or App (Linked Sites). The Linked Sites are not under the control of SportsWander or the Website and/or App and SportsWander is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SportsWander is not responsible for any form of transmission, whatsoever, received by You from any Linked Site. SportsWander is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by SportsWander or the Website and/or App of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
PRIVACY POLICY
We view protection of Your privacy as a very important principle. We understand clearly that You and Your personal information is one of our most important assets. We store and process Your information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers and/or mobile device that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Please read our Privacy Policy to understand more about using, collecting and sharing of information shared by You with SportsWander.
WARRANTIES AND LIMITATION OF LIABILITY
You remain solely responsible for the content of the materials You post on SportsWander and in Your private messages. Please be advised that such content posted does not reflect our views nor do we endorse any such content. In no event shall we 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 SportsWander.
SportsWander (including its agents, affiliates and employees) makes no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and/or App or that the operation of the Website and/or App will be error free and/or uninterrupted. Consequently, SportsWander assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and/or App; and/or any interruption or errors in the operation of the Website and/or App.
You shall accept sole responsibility for, and SportsWander shall not be liable for, any use of the Services by You or any other third party and the User shall hold SporstWander harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such use.
SportsWander therefore, provides no warranties, whatsoever, so as to the material of the content or the User's right to post or upload and/or submit to us for uploading the content or the authenticity of the content or any opinion, recommendation, or advice expressed in such content submitted to be uploaded by the User.
This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, whether in tort or contract or under any applicable law and shall apply to the maximum extent permitted by applicable law.
DISCLAIMER
SporstWander makes all endeavors to ensure that all the information on the Website and/or App is correct, but SportsWander neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Service or any content available on the Website and/or App. The material on SportsWander is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at Your own risk. In no event shall SportsWander be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website and/or App or Service. Neither shall SportsWander be responsible for the delay or inability to use the Website and/or App or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website and/or App, or otherwise arising out of the use of the Website and/or App, whether based on contract, tort, negligence, strict liability or otherwise. Further, SportsWander shall not be held responsible for non-availability of the Website and/or App during periodic maintenance operations or any unplanned suspension of access to the Website and/or App that may occur due to technical reasons or for any reason beyond SportsWander's control. The internet is not a secure environment and we cannot guarantee that the Website and/or App and its servers are free of viruses or other harmful applications. Moreover, the Website and/or App may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this Website and/or App at any time, but we have no obligation to update any information on our Website and/or App. You agree that it is Your responsibility to monitor changes to our Website and/or App.
NOTICES
You agree that, unless other instructions are posted on Website and/or App, any notices required to be given under this Terms of Use will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the Users in accordance with the most current contact information You have provided to us, and the contact information for You to reach us is posted on Website and/or App. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. You give Your express consent to SportsWander to send to notices, updates, alerts and other promotional materials.
CONTACT US
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website and/or App. We provide telephonic and email support as a part of our customer support during all working days i.e. from Monday to Saturday, at any time during 10.00 a.m. to 7.30 p.m.
GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer at [email protected]
MISCELLANEOUS:
No waiver by us of any breach of these terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of Your obligations.
The rights and remedies of is under these terms are independent, cumulative and without prejudice to our rights under the law.These terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.
If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms of Use shall continue to be in full force and effect.
This Terms of Use, as may be updated from time to time and represents the complete agreement and understanding with respect to the Service and supersedes any other written or oral agreement.