Terms of Use
Overview
This website is owned and operated by Sports Yard Retail Private Limited (hereinafter referred as “Sports Yard” or “Company” or “we” or “us” or “our”) having its registered office at 2B 107 WeWork, Roshni Tech Hub, Marathahalli Colony, Bangalore North, Bangalore- 560037, Karnataka.
Before using this website, we would request you to kindly read these ‘Terms of Use (“Terms”), a legal agreement between the Company and the user of this website (“User”) (hereinafter referred to as “you”, “yours” or similar). The Terms shall govern the use of and access to https://sportsyard.in/ (the “website”). Note that by accessing and/or by clicking “Apply”, “Sign Up” or similar, on our website you signify your consent and agreement to be bound by the Terms specified herein.
We reserve the right to change these Terms from time to time and it is your responsibility to check for the recent updates. Any updates to these Terms shall take effect immediately upon the date of posting and you agree to be bound by the terms of these updates and amendments.
Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 years and above, of sound mind and not disqualified from entering into contract by any applicable law, can use this website and purchase products from us. A minor, i.e., any person under the age of 18 years, may purchase the products on this website only under the supervision of a parent or guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that you are fully responsible for their use of the website, including any and all legal liability that they may incur.
By using the website, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. We reserve the right to block your access to the website if it is brought to our notice or if it is discovered that you are incompetent to contract or have violated any provision in these Terms or violated applicable laws in relation to your use of the website.
The Company makes no representations that the website operates (or is legally permitted to operate) in all geographic areas other than India, or that the website, information, or services offered through the website are appropriate or available for use in other locations. If you choose to access the website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
A. The below mentioned terms shall govern the use of the website.
1. Registration and creation of an account:
– By using or accessing the website, you will be sharing information with us. On account of use or registration, you may receive messages, emails or calls relating to the website and any other purpose for which you have registered on the website, including but not limited to updates regarding any application made by you to the Company expressing interest in being employed or engaged by the Company in such capacity as prescribed by the Company.
– You shall provider true, accurate and current information about yourself and update such information to keep it true, accurate and complete.
– We shall ensure adequate protection of your information shared with us, in accordance with the applicable laws. However, the onus is on the user to maintain confidentiality of your account, password and restricting access to your device and the user shall accept responsibility for all the activities that occur under your account.
– In the event you access, browse and operate the website on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and condition herein. In the event such user refuses to be bound by the terms and conditions specified herein, you agree to accept any liability for any harm caused or damage suffered resulting from such access or use.
– If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at care@34.47.138.78. Based on the severity, we may require you to change your password, temporarily or permanently block or suspend your account, or undertake any other actions to cure the security breach at our discretion, without incurring any liability. For the purpose of ascertaining security breach, you agree to authorise us to investigate and access your account.
– All personal data provided to us will be maintained by us in accordance with our Privacy Policy available here. [hyperlink]
2. Grant of license:
– We hereby grant you a limited, non-exclusive, non-transferable, revocable licence to access and make personal and non-commercial use of the website.
– We reserve the right, at any time, without notice, and at its sole discretion, to terminate your license to use the website and to block and prevent your future access to the website.
– No intellectual property rights or license is granted in connection with the materials contained on this website.
3. Communications:
– On signing up or accessing the website and/or on express consent provided by you, we may issue updates, other information regarding upcoming ventures, career opportunities, products and any on-going offers, through emails, messages and phone calls as per your preferred settings.
– You may choose to opt out of receiving any or all communications from us by following the necessary process as detailed under the Privacy Policy and Cookies Policy. [hyperlink]
4. Your Privacy:
We understand the importance of safeguarding your personal data and we shall ensure sufficient mechanisms put in place, as require by standard industry practices and under applicable laws.
We have also implemented a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from the terms contained herein, the Privacy Policy shall also govern the use and visit of this website.
In event of any conflict between the terms contained herein and Privacy Policy, to the extent it related to Personal Information, the Privacy Policy shall prevail.
5. Intellectual property and data ownership:
– All rights, title and interest in and to the website, including all material on the website such as all text, graphics, button icons, illustrations, images, audio and video clips, ideas, concepts, the layout design flow, look and feel of the website, trademarks, logos, marks, graphics, audio files, video files, and any software, whether registered or unregistered, which is owned by or licensed to the Company and / or its affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material, excluding any User Content (collectively, “Website Content”), belongs exclusively to the Company or to our licensors. The collection, arrangement and assembly of all Website Content on the website (the “Compilation”) belongs exclusively to the Company. All software used in the website (the “Software”) is the property of the Company.
– The Website Content, the Compilation and the Software are all protected by Indian and international copyright laws. Through your use of the website, by no means are any rights impliedly or expressly granted to you in respect of such works. Website Content will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to the Website Content or the website by use of the website or Services offered thereunder.
– You acknowledge and agree that the Website Content is protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution, transmission, republication, display or performance of the Website Content and any component thereof is strictly prohibited. The Company may terminate your account if there is any unauthorized use of the website, Website Content or any breach of the Terms by the User.
– No material on this website shall be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal and non-commercial use only.
– No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, copying or reproducing.
– Any unauthorized use of any material contained on the website may violate copyright laws, trademark laws, trade secret laws and other applicable laws and regulations and invite potential legal action against you.
6. User published content:
– For any content provided, added, uploaded and posted by you during the usage of this website (‘User Content’), shall be sole responsibility the of the user publishing the same. We cannot guarantee the authenticity, accuracy and completeness of the content published by any users.
– However, in the event any user related content infringes on the rights of any users, third parties or that of Company, such user shall be held liable for the same.
– User shall ensure the following in respect of their submissions and content uploaded:
a. That they have the necessary rights, licenses and permissions to submit such User Content.
b. That it does not infringe on any third-party intellectual property, privacy right, or other rights.
c. That it complies with the instant Terms and applicable laws.
d. That it is NOT obscene, contains pornographic material, invades another’s privacy, insulting, harassing or creates any bias. Further, it shall not promote or encourage, money laundering, gambling or promoting enmity between different sections or groups.
e. That it shall not deceive or mislead any persons visiting the website regarding the products or spread misinformation.
f. That the user is responsible and liable for displaying authentic content while using the platform and we will have no liability in this regard.
– The Company shall have no obligations to monitor or verify any user submission or user related content uploaded on the website.
– However, if the event any User Content violates your rights, affects you in any manner possible, you may reach out to our Grievance Officer details below:
Name: Gautam Keshavamurthy
Designation: Associate Director – Legal
Address: 2B 107 WeWork Roshni Tech Hub, Marathahalli Main Road Lakshminarayana Pura EPIP Zone Chinnapanna Halli, Marathahalli Colony, Bangalore – 560037
Email: care@34.47.138.78
Phone: 9686579957
7. Website Security:
– Users shall not attempt to violate the security of the website, including, without limitation:
a. accessing data not intended for you or accessing information that you are not authorized to access.
b. attempting to probe, scan or test the vulnerability of the website or try to breach security or authentication measures without proper authorization.
c. submitting a virus, malware, or ransomware to the website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
d. engaging in any activity that may compromise the security or stability of the website.
– Any of the above violations may result in civil or criminal liability and we are entitled to investigate occurrences.
– User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of this website.
– In the event any security violations, we may be required to provide information to law enforcement agencies within the stipulated time to verify the identity of any user for the purposes of prosecution or investigation of cyber security offences. The User hereby consents to such disclosure of information to law enforcement agencies or statutory authorities as may be required by law.
– Data collected from you during your use of the website will be retained for a period as specified under Privacy Policy and as required under applicable laws. We may retain such data for longer periods if required by applicable law or for legitimate business purposes.
– We cannot guarantee that the website shall be available for use at all times or that it will be free of any errors.
– We shall not be held liable for any issues resulting from system failures, malfunctions, internet or server downtime, viruses or other technical issues.
– We may, without notice, suspend access to the website for maintenance or updates.
8. Access through third party sites:
– Any access to this site through any third-party website or platforms such as Facebook, X, Instagram, Pinterest, YouTube or other social networking platforms/sites (“Third Party Website/Platform”) shall also be governed by the terms of use and policies of the respective Third-Party Website/Platform.
– The User should read the terms of use, privacy policy and/or other policies of the respective Third-Party Website/Platform and any access or use of the Third Party Website/Platform is entirely at the user’s own risk.
9. Disclaimer of Warranties and Accuracy of Content:
– We will try to ensure that all information and recommendations, whether in relation to the services, offerings or otherwise provided as part of this website is correct.
– We do not guarantee the accuracy of the information displayed on the website. We make no representations or warranties as to the completeness or accuracy of the information.
– The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of the Company or any of its group companies.
10. Access to other websites and content
– You may be provided with links on the website that direct you to third party websites or to other websites owned or operated by the Company, its affiliates or related entities (“External Websites”).
– Links to such External Websites are provided for your convenience only. Please exercise your independent judgment and prudence when visiting / using any External Websites via a link available on the website. Should you decide to click on the links to visit such External Websites, you do so of your own volition. Your usage of such External Websites and all content available on such External Websites is subject to the terms of use of the respective External Website and we are not responsible for your use of any External Websites.
11. Termination:
– These terms are effective unless and until terminated by either you or the Company.
– You may terminate these Terms at any time, by ceasing all use of the website or expressly deactivating or deleting your account.
– We may terminate or suspend your access to the website in accordance with the terms stated herein.
12. Indemnification:
– Users shall agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the website, violation of these Terms or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
13. Limitation of Liability:
– The website is provided on “as is” and “as available” basis and use of the website is at your risk. Any content downloaded or otherwise obtained through the use of website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website.
– We shall not, under any circumstance, whether as a result of breach of contract or warranty, tort, or otherwise, be liable for any incidental, special or consequential damages, including loss of profits or revenues or any other costs or damages.
– We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of products by us to you was formed.
14. Assignment and third-party rights:
– You may not assign or sub-contract any of your rights or obligations under these Terms to any third party. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
– Only the User and the Company shall be entitled to enforce the Terms contained herein. No third party shall be entitled to enforce any of these Terms.
15. Waiver:
– No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy nor shall affect our ability to subsequently exercise that right or remedy.
16. Severability:
– Whenever possible, each section of these Terms shall be interpreted in a manner so as to be valid under applicable law. However, if any of these terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, such terms shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such terms and the rest of these Terms shall remain in full force and effect.
17. Law, jurisdiction and language:
– Any dispute that arises out of the use of this website or in relation to purchase of products through this website, shall be governed and adjudicated by Indian laws as applicable. Any disputes regarding or arising out of these Terms shall be subject to the exclusive jurisdiction of the courts located at Bengaluru.
18. Notices:
– All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
Address: 2B 107 WeWork, Roshni Tech Hub, Marathahalli Colony, Bangalore North, Bangalore- 560037, Karnataka
Email id: care@34.47.138.78
19. Regarding Complaints:
– If your complaint is about a product purchased on the website, you may reach our customer care, at the address /phone number detailed below.
Customer Care
By email: care@34.47.138.78
By phone: 9686579957; accessible between Mon-Friday 10 am to 5 pm, excluding gazetted holidays.
By post: 2B 107 WeWork, Roshni Tech Hub, Marathahalli Colony, Bangalore North, Bangalore- 560037, Karnataka
– In the unlikely event that we are unable to resolve a complaint with you directly, you have the right to refer the dispute to the Grievance Officer.
Grievance Officer
Name: Gautam Keshavamurthy
Address: 2B 107 WeWork, Roshni Tech Hub, Marathahalli Colony, Bangalore North, Bangalore- 560037, Karnataka
Email: care@34.47.138.78
Timings: Monday to Friday: 9:00 am – 6:00 pm
Nodal Officer
Email Address: care@34.47.138.78
Mailing Address: 9686579957; accessible between Mon-Friday 10 am to 5 pm, excluding gazetted holidays.
20. Force Majeure:
– Notwithstanding anything contained in these Terms or elsewhere, we shall not be held responsible for any delay, loss, damage or failure to comply with the obligations, if such loss, damage, delay or failure arises from any cause which is beyond our reasonable control and is attributable to a Force Majeure Event.
– A “Force Majeure Event” means any event that is beyond the reasonable control of M&S and includes, without limitation, pandemic, epidemic, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
We reserve the right to update or amend these Terms from time to time to comply with law or to meet our changing business requirements without prior notification. Any updates or amendments will be posted on this website. In accordance with applicable laws, you understand that we are required to notify you of these terms, regardless of whether it contains any amendments, at least once a year. You understand that you will not be able to opt out of this particular communication from us.