Subject to the terms and conditions mentioned in these User Terms, you are hereby granted a non- exclusive, limited, non-transferable, non-sublicensable license, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. Sporbit reserves all rights not expressly granted herein in the Service (as detailed below).
These User Terms apply to your visit to and use, of the Site whether through a computer or a mobile phone or any other device, the Service, as well as to all information, recommendations and/or services provided to you on or through the Site and the Service.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By successfully registering your account with us, you are consenting to be bound by these User Terms. Please ensure that you read and understand all these User Terms before you use the Site. If you do not accept any of the User Terms, then please do not use the Site or avail any of the Services being provided therein. Your agreement to these User Terms shall operate as a binding agreement between you and Sporbit in respect of the use and services of the Site.
By accepting these User Terms, you also allow Sporbit to send you promotional emails and SMS alerts from time to time.
- Account shall mean the account created by or for the Customer on the Site for availing the Services.
- Additional Fee shall mean any toll duty, inter-state taxes, etc. that may not be included in the order value but are payable to any third party or government authority for availing services under applicable law.
- Applicable Law(s) shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
- Application shall mean the mobile application Sporbit, owned and updated by Vsports from time to time.
- Convenience Fee shall mean the fee payable by the Customer to Sporbit for the Services i.e., for availing the technology services offered by Sporbit. Convenience Fee shall be chargeable on every Order made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
- Cancellation Fee shall mean the fee payable towards cancellation of an Order by a Customer in terms of Clause 7 of these User Terms. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
- Customer/ you means a person who has an Account.
- E-Wallet shall mean a pre-paid instrument, which can be used to make payments on the Site.
- Force Majeure Event shall mean any event arising due to any cause beyond the reasonable control of Sporbit.
- Sporbit Pass means a pass or reservation (whether in physical or electronic form, as permitted under law), being purchased by any person through the Site and that allows the holder thereof, subject to certain terms and conditions, access, attend and participate to any sport/sport activity/fitness session, on the date, time period and for the sport as identified in such pass or reservation booked through Site, at the venue(s)/fitness centre of the Partner;
- Order shall mean the order placed by a Customer to avail the Services facilitated through the Site.
- Order Value shall mean such amount in Indian Rupees, which is reflected on the Site, as the amount payable for a specific Order. The Order Value shall be exclusive of all applicable taxes on the Order Value, if any.
- Registration Data shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Sporbit from the Customer from time to time for registration on the Application.
- Services shall mean a joint reference to the Primary Services and the Secondary Services.
- Site shall mean the Application, the website owned and operated by Sporbit and any website which is owned and developed by Us for Our specific partner/third party service provider to give such partner an exclusive platform for its listing of its events/sport sessions etc. or any other software that enables the use of the Application or such other URL or any other booking platform as may be specifically provided by Sporbit.
- Total Fee shall mean and include the Order Value, the Convenience Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
- Venue Membership Plan means a membership plan, as offered by respective venue partner and being purchased by any person through the Site, whereby such person, subject to terms and conditions of such plan, can book and access specific venue/fitness centre of the venue/vendor partner engaged by Sporbit for playing any particular sport/sport activity, as identified in such plan, facilitated/provided at the venue of the partner or if applicable , attend/ participate in any fitness session or other allied services and products facilitated/provided at such venue of the partner and being identified in such plan.
- You will be eligible to use the Services only if You are competent to enter into a binding contract under Applicable Laws.
- If you reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into contracts such as this User Terms due to age, Your use of Services shall bind Your legal guardian to these User Terms.
3. REGISTRATION AND ACCOUNT
- In order to access certain password-restricted areas of the Site and to use certain Services offered through the Site, you are required to successfully register an Account with Us.
- You understand and acknowledge that you can register on the Site only after complying with the requirements of this Clause III and by entering your Registration Data.
- You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.
- You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
- We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or for any other reason We may find just or equitable.
- Except for the Registration Data or any other data submitted by you during the use of any Service offered through Site (“Permitted Information”), Sporbit does not want you to, and you should not, send any confidential or proprietary information to Sporbit on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms you agree that any information or material that you or individuals acting on your behalf provide to Sporbit other than the Permitted Information will not be considered confidential or proprietary.
- It is your responsibility to check to ensure that you download the correct Application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
- We allow you to open only one Account in association with the Registration Data provided by you. In case of any unauthorized use of your Account please immediately reach Us at contact@Sporbit.in.
- In case, you are unable to access your Account, please inform Us at contact@Sporbit.in and make a written request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to the expiry of 72 (seventy-two) hours after you have made a request in writing for blocking your Account and shall not have any liability in case of Force Majeure Event.
- You may order Our Services using Our Site. You will be charged the applicable fees set forth in the schedule of pricing, as may be prescribed from time to time.
- The Total Fee for the Services will be provided through the Site at the time the Services are ordered. You shall be subject to terms regarding minimum quantities to be ordered and minimum service fees, as detailed on the Site.
- Due to reasons such as Applicable Law, and limitations, the Services may not be available in all locations within a service area. We reserve the right to decline the Services for any reason in Our discretion. You will not be charged in such circumstances.
- By using the Site for availing the Service, you further agree that:1. you will only use the Service or download the Application for your sole personal use and will not resell or assign it to a third party;2. you will not use an Account that is subject to any rights of a person other than you without appropriate authorization3. you will not try to harm the Service, Site or our network in any way whatsoever;4. you will provide Sporbit with such information and documents which Sporbit may reasonably request for and in relation to performance of Services by Sporbit;5. you will only use an authorized network to avail the Service;6. you are aware that when requesting Services, whether by message, via Site or calling the call centre of Sporbit, standard messaging charges, data charges, voice charges, as applicable, of your and Our phone network service providers, will apply;7. you will comply with all Applicable Law from your country of domicile and residence and the country, state and/or city in which you are present while using the Site or Service;8. you are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder;9. you must use our Services according to these User Terms. If you violate these User Terms, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the “Term and Termination” section below; and10. you must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Sporbit, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwiseinappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by Us;11. you are responsible for keeping your device and your account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services
6. Third-Party Links and Information
You expressly relieve Sporbit from any and all liability arising from your use of any third-party website, service, or content, including without limitation content submitted by other Users.
Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers.
You agree that Sporbit shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We may receive data whenever you visit a third-party link through Our Platforms which includes the date and time of your visit to the third-party website, the web address or URL, technical information about the IP address, browser and the operating system you use and, if you are logged into Sporbit Platforms, your username.
- We may also receive information from other sources and combine that with information We collect through Our Primary Services. For example: If you choose to link, create, or log in to your Sporbit account with a payment provider (e.g., Paytm) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses Our API (or whose API We use), We may receive information about you or your connections from that site or app.
- If your employer uses one of Our enterprise solutions, We may receive information about you from your employer.
7. Sharing of Information
- With Support Staff to enable them to provide the Services you request;
- With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or by Us;
- With the general public or with the audience selected by you for the post, such as group or customised list of people, if you submit content in a public forum, such as blog comments, social media posts, or other features of Our Primary Services that are viewable by the general public;
- With third parties with whom you choose to let Us share information, for example other apps or websites that integrate with Our API or Services, or those with an API or service with which We integrate; and
- With your employer (or similar entity) and any necessary third parties engaged by Us or your employer (e.g., an expense management service provider), if you participate in any of Our enterprise solutions.
2. Further, We may share your information:
- With Our subsidiaries and affiliated entities that provide services or conduct data processing on Our behalf, or for data centralization and / or logistics purposes;
- With vendors, consultants, marketing partners and other service providers who need access to such information to carry out work on Our behalf;
- In response to a request for information by a competent authority if We believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
- In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of Our business by or into another company;
- If We otherwise notify you and you consent to the sharing; and
- In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
3. Social sharing features
4. Analytics and advertising services provided by others
5. Public areas, forums, reviews, and community areas
6. We as an intermediary are responsible to facilitate a transaction between you and the ultimate event or fitness session
8. Your Data
1. Account information
2. Access, correction and deletion rights
3. Location information
4. Promotional Communications
5. Geo-Location Terms
6. International Visitors and Users
7. Retention and Storage