TERMS AND CONDITIONS FOR

Bookmysports respects your privacy and recognizes the need to protect the personally identifiable information (any information by which you can be identified, such as name, address, and telephone number) you share with us. We would like to assure you that we follow appropriate standards when it comes to protecting your privacy on our web sites.

In general, you can visit bookmysports website without telling us who you are or revealing any personal information about yourself. We track the Internet address of the domains from which people visit us and analyze this data for trends and statistics, but the individual user remains anonymous.

Some of our web pages use "cookies" so that we can better serve you with customized information when you return to our site. Cookies are identifiers which a web site can send to your browser to keep on your input to facilitate your next visit to our site. You can set your browser to notify you when you are sent a cookie, giving you the option to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you.

There are times when we may collect personal information from you such as name, physical address or telephone number. It is our intent to inform you before we do that and to tell you what we intend to do with the information. Generally, you will have the option not to provide the information, and in the future you will be able to "opt out" of certain uses of the information. If you choose not to provide the information we request, you can still visit the bookmysports website, but you may be unable to access certain options, offers and services.

bookmysports will not sell, trade or disclose to third parties any information derived from the registration for, or use of, any online service (including names and addresses) without the consent of the user or customer (except as required by the order of a competent Court in India or in relation to an investigation by law enforcement agencies ). bookmysports will allow suppliers to access the information for purposes of confirming your registration and providing you with benefits you are entitled to.

bookmysports will take appropriate steps to protect the information you share with us. We have implemented technology and security features and strict policy guidelines to safeguard the privacy of your personally identifiable information from unauthorized access and improper use or disclosure. bookmysports will continue to enhance our security procedures as new technology becomes available.

If our privacy policy changes in the future, it will be posted here and a new effective date will be shown. You should access our privacy policy regularly to ensure you under-stand our current policies. Please reference the privacy policy in your subject line. bookmysports will attempt to respond to all reasonable concerns or inquiries within five business days of receipt.

1.0 ACCEPTANCE OF TERMS

1.1

The bookmysports.com website ("Website") is an internet based booking portal owned and operated by Brain Seed Sportainment Private Limited, with its registered office at Green Park, New Delhi 110016.

1.2

Through the Website, bookmysports.com shall provide you ("User") events/ sports-related information, pricing, availability and reservations across cities and rural areas throughout India ("Service"), as more particularly described and defined in the terms of service ("TOS") relating to such Service, This Service may be availed by the User, his family members and friends in India at any time during the year through vendors ("Service Providers").

1.3

This User Agreement ("Agreement") sets out the terms and conditions on which bookmysports.com shall provide the Services to the User through the Website. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by bookmysports.com from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.

1.4

Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.

1.5

Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, ground/ court bookings, participation in events, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers. In the event that any of the terms, conditions and notices contained in this Agreement or the TOS conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.

2.0 MODIFICATIONS OF TERMS

bookmysports.com reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.

3.0 PRIVACY POLICY

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of in respect of the Website bookmysports.com, The User further consents that the terms and contents of such Privacy Policy are acceptable to him.

4.0 LIMITED USER

4.1

The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.

4.2

The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the bookmysports.com name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

5.0 DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

5.1

bookmysports.com has endeavoured to ensure that all the information on the website is correct, but bookmysports.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. bookmysports.com makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.

5.2

Since bookmysports.com acts only as a booking agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall bookmysports.com be liable for the services provided by the service provider.

5.3

Although bookmysports.com makes reasonable commercial efforts to ensure that the description and content in the Terms Of Service and on each page of the website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, bookmysports is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the service providers.

5.4

bookmysports does not endorse any advertiser on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

5.5

In no event shall bookmysports 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) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) 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. Neither shall bookmysports be responsible for the delay or inability to use the website 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, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. further, bookmysports shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond bookmysports control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of bookmysports arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. in no case the liability shall include any consequential loss, damage or additional expense whatsoever.

6.0 LINKS TO THIRD PARTY SITES

6.1

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of bookmysports or the Website and bookmysports 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. bookmysports is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. bookmysports is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by bookmysports or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

6.2

bookmysports is not responsible for any errors, omissions or representations on any Linked Site. bookmysports does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

7.0 PROHIBITION AGAINST UNLAWFUL USE

As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

8.0 USE OF COMMUNICATION SERVICES

8.1

The Website may contain services such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
  • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  • advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • conduct or forward surveys, contests, pyramid schemes or chain letters;
  • download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
  • violate any applicable laws or regulations for the time being in force in or outside India; and
  • violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

8.2

bookmysports has no obligation to monitor the Communication Services. However, bookmysports reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. bookmysports reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.

8.3

bookmysports reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in bookmysports sole discretion.

8.4

bookmysports does not control or endorse the content, messages or information found in any communication service and, therefore, bookmysports specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.

8.5

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.

8.6

We will be publishing the name of the person who is making the booking. This is for people not to make more than one booking.

9.0 TERMINATION/ACCESS RESTRICTION

bookmysports reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.

10.0 FEES PAYMENT

10.1

bookmysports reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the bookmysports Services. bookmysports further reserves the right to alter any and all fees from time to time, without notice.

10.2

The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the bookmysports Services.

11.0 USER'S OBLIGATIONS AND USER ACCOUNT

11.1

In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.

11.2

To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipment’s including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.

11.3

The user also understands that the services may include certain communications from bookmysports as service announcements and administrative messages. the user understands and agrees that the services are provided on an "as is" basis and that bookmysports does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.

11.4

Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to bookmysports. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the bookmysports services. bookmysports will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using bookmysports Services.

11.5

The user also agrees and undertakes to immediately notify bookmysports of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the website. bookmysports shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.

11.6

The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or bookmysports has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, bookmysports has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.

11.7

Furthermore, the User grants bookmysports the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.

12.0 Breach

12.1

Without prejudice to the other remedies available to bookmysports under this agreement, the TOS or under applicable law, bookmysports may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if: (a) the user is in breach of this agreement, the TOS and/or the documents it incorporates by reference; (b) bookmysports is unable to verify or authenticate any information provided by the user; or (c) bookmysports believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or bookmysports.

12.2

bookmysports may at any time in its sole discretion reinstate suspended users. once the user have been indefinitely suspended the user may not register or attempt to register with bookmysports or use the website in any manner whatsoever until such time that the user is reinstated by bookmysports. Not withstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, bookmysports reserves the right to recover any amounts due and owing by the user to bookmysports and/or the service provider and to take strict legal action as bookmysports deems necessary.

13.0 PROPRIETARY RIGHTS

13.1

bookmysports may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by bookmysports and shall not copy, transmit or create derivative works of such material without express authorization from bookmysports.

13.2

The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

14.0 RELATIONSHIP

None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and bookmysports and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes bookmysports and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed bookmysports and its agents as their agent for this purpose.

15.0 HEADINGS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

16.0 INTERPRETATION OF NUMBER AND GENDERS

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.

17.0 INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless bookmysports from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by bookmysports that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS.

18.0 SEVERABILITY

If any provision of this Agreement 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 Agreement shall continue to be in full force and effect.

19.0 TERMINATION OF AGREEMENT AND SERVICES

19.1

Either the User or bookmysports may terminate this Agreement and a Service with or without cause at any time to be effective immediately.

19.2

The User agrees that bookmysports may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.

19.3

This Agreement may be terminated by either the User or bookmysports through a written notice to the other. bookmysports shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify bookmysports of such discontinuance.

19.4

Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and bookmysports shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.

20.0 NOTICES

All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:

  • If to bookmysports, at play@bookmysports.com or at the address posted on the Website.
  • If to a non- registered User, at the communication and/or email address specified in the application form availing of a bookmysports Service.
  • If to a registered User, at the communication and/or email address specified in the registration form.

Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.

21.0 GOVERNING LAW

This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Delhi.

22.0 Purchase Policy

22.1 Payment Methods

  • BookMySports accepts Visa, MasterCard, American Express, select Debit Cards and Net Banking. Other payment methods may be added from time to time.
  • Who You Are Buying From
  • Bookmysports acts as the agent to those who are promoting their facilities for which you are booking (to play or to learn). When you book, Bookmysports will be handling the transaction and collecting payment for the organizer/facility owner
  • Pricing and Availability
  • Bookmysports sells timeslots (duration) on behalf of Facility owners and does not control the inventory or its availability and pricing.

22.2 Age Limit

Bookings available above the age of 3 years.

22.3 Amount of Bookings Per Customer or "Booking Limits"

When booking court/grounds on bookmysports you are limited to a specified number of bookings for each sport which is defined by the entity.

22.4 Billing Information Verification

Occasionally, we receive incorrect billing or credit card account information for a booking order that can delay processing and booking. In these cases, bookmysports customer service will attempt to contact you, using the information provided at the time of booking. If bookmysports is unable to reach you after its initial attempt, bookmysports may cancel your booking and may open this booking for other customers.

22.5 Cancellation & Refund Policy

Customers are requested to go through the cancellation policy of the facility they are making the payment for. We prohibit any exchanges or refunds after a booking has been made. For Refund or Reschedule, please refer to facility specific Cancellation procedures.

22.6 Cancellation Policy

bookmysports believes in helping its customers as far as possible, and has therefore clearly specified the cancellation policies which are followed by each and every facility. Under this policy:
  • Cancellations will be considered only if the facility you are booking for allows to do so. This is mentioned on the policy furnished by the facility you are booking.
  • In case you feel that the facility you have booked is not as per your expectations, you must bring it to the notice of the facility management.

22.7 Cancelled/Postponed Events

Occasionally, events are cancelled or postponed by the facilities. Should this occur, someone from the facility will attempt to contact/inform you regarding the further process. In this case we usually reschedule or refund as per facility specific rules.

22.8 Customer Care

If you need help regarding your booking or any other issue, the best in the company is available. You can reach our customer service department at play@bookmysports.com

22.9 Booking Confirmation

If you do not receive a confirmation sms/email after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the same form your booking history or with the Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process.bookmysports will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

22.10 Pricing and Availability

bookmysports makes available bookings on behalf of Event organizers/Sports facilities and does not control the inventory or its availability.

Bookings made on bookmysports are subject to a non-refundable per order processing fee.

22.11 Pricing and Other Errors

If the amount you pay for a booking is incorrect regardless of whether because of an error in a price posted on this web site or otherwise communicated to you, or you are able make a booking before its scheduled on-sale or presale date or you are able to book a time that was not supposed to have been released for sale, then: bookmysports will have the right to cancel that order and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this web site.

22.12 Refund Policy

Before making a booking, carefully review your booking details and the refund policy of the facility. We prohibit any exchanges or refunds after a booking has been made.

22.13 Who are you buying from

bookmysports acts as the agent to those who are promoting the sports activities for which you make bookings. When you make a booking for an event/sport, bookmysports will be handling the transaction and collecting payment for the organizer/facility holder.

23.0 BUYER BEWARE

Read Through our Terms and Conditions Carefully.

Accepting the Terms and conditions while booking online makes it a valid contract between you and us.

23.1

Booking Id's generated only through bookmysports.com shall be considered by us as a valid Booking Id.

23.2

Ensure the personal details entered including the card details are accurate. Booking Id's once generated cannot be can-celled/refunded/exchanged.

23.3

Ensure the Booking Id's are kept safe and always in your or such person's possession who is considered as your authorized/rightful holder of the same.

23.4

Ensure that the Booking Id's are not compromised or resold.

23.5

Do not entertain any person who sells print outs or sms of Booking Id's generated by us. If you come across any person undertaking such activity, immediately report the same to the local police station and to us at 91-9560393300.

23.6

We never sell a booking at a price higher than the price mentioned in our website.

23.7

We will never ask for your Personal Identification Number (PIN) details over the phone or through any means except through the trans-action page on the website when you book online.

23.8

Do not encourage any persons posing as our authorised representative/agent trying to sell you special offer voucher/gift vouchers/physically printed booking id's/winpins/voucher ecodes etc. Report the same immediately to us at 91-9560393300

23.10

Booking Id's generated entitled the holder thereof to a valid booking. It is your responsibility to ensure that the holder is the rightful holder of the same. Do not compromise or misuse the Booking ID’s.

24.0 Anti-Infringement Policy

Information published on this website are provided by third parties. Therefore, under prevailing laws Brain Seed Sportainment Pvt. Ltd. (owner of brand Bookmysports) qualifies as an intermediary with respect to such information under the Information Technology Act, 2000 and relevant rules made thereunder.

The company follows strict anti-infringement policy. An indicative list of information which qualifies as infringing is given below. Any information which:

  1. belongs to another person and to which the user does not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

In case an information qualifies as infringing, then any user or person affected by such information may write an email to grievance@bookmysports.com. The email shall contain the following information:

  1. Details of the information found to be infringing;
  2. Details of infringement;
  3. A screen-shot of the website /page containing the above information;
  4. Url or location of the webpage containing the above information;
  5. Contact details (alongwith phone number) of the person affected or aggrieved by above information;
  6. Contact details (alongwith phone number) of the person writing the above email;
  7. A clear statement that the above information is being provided in good faith belief that infringement has taken place.

A signed letter containing all the above information can also be sent to the following address:
6/35 WEA,
Karol Bagh,
New Delhi 110005

As per its policy, the company accords top priority any such matters. However, it may take up to a month to process such email/letter and take appropriate action.

25.0 IT Act, 2000 & Information Technology (Intermediaries guidelines) Rules, 2011

Bookmysports is an intermediary under the IT Act, 2000 ("Act"). Intermediary has been defined in S.2(w) of the Act as "intermediary with respect to any particular electronic message means any person who on behalf of another person receives, stores or transmits that message or provides any service with respect to that message.

As per S. 79 of the Act an intermediary will be immune with respect to 'third party information' under the Act and Rules or Regulations under the Act in case of proper due diligence. In this line, the Government has notified the Information Technology (Intermediaries guidelines) Rules, 2011 ("Rules 2011") under S.79 of the Act.

Due diligence to be observed by Bookmysports as per Rules 2011:

  1. Publishing - Privacy Policy, Terms of Use and User Agreement on the website. The Terms of Use should state that third parties shall not display or use the resource in a way to infringe anyone's IPR, privacy or law etc. in India.
  2. Act to Remove any infringing or illegal material within 36 hours.
  3. Preserving such documents covered under (2) above for at least 90 days for investigation purpose.
  4. Provide all assistance to government authorities during investigation.
  5. Protecting all its sensitive data as mandated by the Information Technology (Reasonable security practices and procedures and sensitive personal Information) Rules, 2011.
  6. Report cyber security incidents and also related information with the Indian Computer Emergency Response Team.
  7. Publish the name of the Grievance Officer and his contact details and the mode of contacting him in case of any issue. Grievance officer will have one month to resolve the issue.

Cancellation Policy

bookmysports believes in helping its customers as far as possible, and has therefore clearly specified the cancellation policies which are followed by each and every facility. Under this policy:

  • Cancellations will be considered only if the request is made within 24 hours of placing an order. However, the cancellation request will not be entertained if the bookings have been confirmed.
  • There is no cancellation of orders placed under the Same Day Booking category.
  • No cancellations are entertained for those products that the (bookmysports) marketing team has obtained on special occasions like Pongal, Diwali, Valen-tine’s Day etc. These are limited occasion offers and therefore cancellations are not possible.
  • bookmysports does not accept cancellation requests for perishable items like flowers, eatables.
  • In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 24 hours of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.
  • In case of complaints regarding products that line with a warranty from manufacturers, please refer the issue to them.

Refund Policy

Before making a booking, carefully review your booking details. bookmysports prohibits exchanges or refunds after a booking has been confirmed.

Who are you buying from

bookmysports acts as the agent to those who are promoting the sports activities for which you make bookings. When you make a booking for an event/sport, bookmysports will be handling the transaction and collecting payment for the organizer/facility hold-er.

Pricing and Availability

bookmysports makes available bookings on behalf of Event organizers/Sports facilities and does not control the inventory or its availability.

Bookings made on bookmysports are subject to a non-refundable per order processing fee.

Age Limit

Bookings available above the age of 3 years.

Amount of Bookings Per Customer or "Booking Limits"

When booking court/grounds on bookmysports you are limited to a specified number of bookings for each sport.

Order Confirmation

If you do not receive a confirmation number (in the form of a confirmation sms or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the same form your booking history or with the Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. bookmysports will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

Billing Information Verification

Occasionally, we receive incorrect billing or credit card account information for a booking order that can delay processing and booking. In these cases, bookmysports customer service will attempt to contact you, using the information provided at the time of purchase. If bookmysports is unable to reach you after its initial attempt, bookmysports may cancel your order and may let other customer make this booking.

Confirmation

bookmysports offers multiple confirmation options. The options may vary from for different activities. Currently the following confirmation options are available:

  • Email confirmation: Your booking confirmation will be sent via an email. This confirmation needs to be printed and shown at the facility.
  • SMS confirmation: Your booking confirmation will be sent via an SMS. The SMS details need to be shown at the facility.
  • In case you experience any problems please call our help-desk 91-9560393300 for assistance
  • +Pricing and Other Errors
  • If the amount you pay for a booking is incorrect regardless of whether because of an error in a price posted on this web site or otherwise communicated to you, or you are able to book before its scheduled on-sale or presale date or you are able to book that was not supposed to have been released for sale, then: bookmysports will have the right to cancel that booking (or the order for that booking) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this web site.

Cancelled/Postponed Events

Occasionally, bookings are canceled or postponed by the promoter. Should this occur, we will attempt to contact you and refund the amount as per the policy of the organizer.

Customer Care

If you need help regarding your order or any other issue, the best in the company is available. We guarantee a response time of one working day and you can reach our customer service department at play@bookmysports.com

DISCLAIMER POLICY

The information contained in this website is for general information purposes only. The information is provided by bookmysports and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.

Through our website you are able to link to other websites which are not under the control of BOOKMYSPORTS. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

BookMySports.com Terms & Conditions

By viewing and using Brain Seed Sportainment Pvt Limited applications, services, platforms, profiles or the BookMySports website (www.bookmysports.com) (together, the website) you are deemed to agree to these terms and conditions of use without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website. We reserve the right to change these terms and conditions of use at any time by notifying users of the existence of the amended terms and conditions through our website. By continuing to access our website, you agree to be bound by the amended terms and conditions.

Introduction

This Agreement is intended to explain our obligations as a service provider, and Your obligations as a customer, for the Services.
This Agreement is binding on any use of the Services and applies to you from the time that BookMySports provides you with access to a Service.
BookMySports reserves the right to change the terms of this Agreement at any time, effective upon the posting of a modified agreement and BookMySports will use best endeavours to communicate these changes to you via email or notification via the Website. It is likely this Agreement will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent agreement available on the Website.

By registering to use the Services you acknowledge that you have read and understood this Agreement and have the authority to act on behalf of any person for whom you are using the Services. You are deemed to have agreed to this Agreement on behalf of any entity for whom you use the Services.

1. Definitions

1.1 In this Agreement, the following terms have the following meaning unless the context requires otherwise:

Agreement means these Terms of Use;

  • Access Fee means any fee for the Services (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which BookMySports may change from time to time on notice to You);

  • Confidential Information means all information confidential to BookMySports under or in relation to this Agreement (including the Services), whether in writing, electronically or orally, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party;

  • BookMySports means Brain Seed Sportainment Pvt Ltd and all current and future subsidiaries of Brain Seed Sportainment Pvt Ltd;

  • Data means any data or information inputted by you or with your authority, or otherwise, into, or in any way using, the Website or the Services;

  • Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;

  • Services means: (a) the online competition management system, which is owned by BookMySports and made available (as may be changed or updated from time to time by BookMySports) via the Website; and (b) the BookMySports CRM system, which is owned by BookMySports and made available (as may be changed or updated from time to time by BookMySports) via the Website;

  • Website means the Internet site at the domain [www.bookmysports.com] or any other site operated by BookMySports; and

  • You means the person who registers to use the Services and, where the context permits, includes any entity or organisation on whose behalf that person registers to use the Services.

2. Use

BookMySports grants you the right to access and use the Services via the Website with the particular user roles available to you according to your subscription type [as set out on the Website]. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

3. Your obligations

3.1 Payment

  1. Where an Access Fee is payable for your use of the Services, an invoice will be issued in advance of the period to which the Access Fee applies. The Access Fee will cover your use of the Services for the period specified on the Website. BookMySports will continue invoicing you in advance until this Agreement is terminated in accordance with clause 8.
  2. All invoices will be sent to you, or to a billing contact whose details are provided by you, by email. You must pay or arrange payment of all amounts specified in any invoice by the 20th day of the month following the month in which the invoice was sent to you. You are responsible for payment of all taxes and duties in addition to the Access Fee.

3.2 General obligations

You must only use the Services and Website for Your own lawful internal purposes, in accordance with this Agreement and any notice sent by BookMySports or condition posted on the Website. Where appropriate, You may use the Services and Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

3.3 Access conditions

  1. You must ensure that all usernames and passwords required to access the Services are kept secure and confidential. You must immediately notify BookMySports of any unauthorised use of your passwords or any other breach of security and BookMySports will reset your password and you must take all other actions that BookMySports reasonably deems necessary to maintain or enhance the security of BookMySports's computing systems and networks and your access to the Services.
  2. As a condition of this Agreement, when accessing and using the Services, You must:
    1. not attempt to undermine the security or integrity of BookMySports's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
    2. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
    3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
    4. not transmit, or input into the Services or the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or Data in violation of any law (including Data protected by copyright or trade secrets which You do not have the right to use); and
    5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

3.4 Usage limitations

Use of the Services may be subject to limitations, including but not limited to volumes. Any such limitations will be advised.

3.5 Indemnity

You will indemnify BookMySports against all claims, costs, damage and loss arising from Your breach of this Agreement or under any law, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

4. Confidentiality and Privacy

4.1 Confidentiality

  1. You will preserve the confidentiality of all Confidential Information obtained in connection with this Agreement. You will not, without the prior written consent of BookMySports, disclose or make any Confidential Information available to any person, or use the same for Your benefit, other than as contemplated by this Agreement.
  2. Your obligations under this clause will survive termination of this Agreement.
  3. The provisions of this clause 4 shall not apply to any information which:
    1. is or becomes public knowledge other than by a breach of this clause;
    2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
    3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
    4. is independently developed without access to the Confidential Information.

4.2 Privacy

By using the Services, You acknowledge BookMySports’s privacy policy and consent to the collection storage, processing, sharing and use of Your personal information and the Data (to the extent that the Data includes personal information) in accordance with that policy and this Agreement. You should read the BookMySports privacy policy (above). You will be taken to have accepted the privacy policy when you accept this Agreement.

5. Intellectual property

5.1 General

  1. Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of BookMySports (or its licensors).
  2. BookMySports hereby grants You a limited, revocable, non-sublicensable licence to reproduce and display BookMySports content (excluding software code) solely for Your personal use (or commercial use where permitted) in connection with viewing the Website and using the Services, and in connection with standard search engine activity or use of a standard internet browser (e.g., for making cache copies). For the avoidance of doubt, the foregoing limited licence: (i) does not give you any ownership of, or any other intellectual property interest in, any BookMySports content; and (ii) may be immediately suspended or terminated for any reason, in BookMySports’s sole discretion, and without advance notice or liability.

5.2 Proprietary rights in Data

  1. BookMySports has all ownership rights in the Data as between you and BookMySports. BookMySports hereby grants you a perpetual, irrevocable, non-exclusive, non-transferable license to use such Data for your internal business purposes.
  2. This Agreement includes only narrow, limited grants of rights to BookMySports content and to use and access of the Services and the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry customer or otherwise. All rights not expressly granted to you are reserved by BookMySports and its licensors and other third parties. Any goodwill that is created in connection with your use of BookMySports content or the Services or Website inures to BookMySports. Any unauthorised use of any BookMySports content or the Services or Website is prohibited.

6. Warranties and acknowledgements

6.1 Authority

You warrant that where You have registered to use the Services on behalf of another person, You have the authority to agree to this Agreement on behalf of that person and agree that by registering to use the Services You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of this Agreement, without limiting Your own personal obligations under this Agreement.

6.2 Acknowledgement

You acknowledge that:

  1. You are authorised to use the Services and the Website and to access the Data that You input into the Website for the term of your use of the Services and the Website.
  2. BookMySports has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) You agree that:
    1. You are responsible for ensuring that You have the right to do so;
    2. You are responsible for authorising any person who is given access to Data, and You agree that BookMySports has no obligation to provide any person access to such Data without Your authorisation and may refer any requests for information to You to address; and
    3. You will indemnify BookMySports against any claims or loss relating to:
      1. BookMySports's refusal to provide any person access to the Data in accordance with this Agreement; and
      2. BookMySports’s making available Data to any person.
  3. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
  4. BookMySports does not warrant that the use of the Services or access to the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Services and the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services or Access to the Website. BookMySports is not in any way responsible for any such interference or prevention of Your access to, or use of, the Services and/or the Website.
  5. It is Your sole responsibility to determine that the Services meet Your needs and are suitable for the purposes for which they are used.

6.3 No warranties

BookMySports gives no warranty about the Services. Without limiting the foregoing, BookMySports does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied terms, conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

6.4 Consumer guarantees

To the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect consumers in any jurisdiction does not apply to the supply of the Services, the Website or this Agreement.

7. Limitation of liability

7.1 Subject to clause 7.2 below, to the maximum extent permitted by law, BookMySports excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Services or Website.

7.2 If You suffer direct loss or damage as a result of BookMySports's negligence or failure to comply with this Agreement, any claim by You against BookMySports arising from BookMySports's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.

8. Termination

8.1 No-fault termination

This Agreement will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period this Agreement will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates this Agreement by giving notice to the other party at least 30 days before the end of the relevant payment period. [If You terminate this Agreement You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of this Agreement.] [Note: To amend depending on whether the yearly payments will be prepaid.]

8.2 Breach

  1. If:
    1. You breach any of the terms in this Agreement (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
    2. You breach any of the terms in this Agreement (including, without limitation, by non-payment of any Access Fees) and the breach is incapable of being remedied; or
    3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

BookMySports may take any or all of the following actions, at its sole discretion:

    1. terminate this Agreement and Your use of the Services and the Website;
    2. suspend, for any definite or indefinite period of time, Your use of the Services and the Website;
    3. suspend or terminate access to all or any Data.
  1. For the avoidance of doubt, if payment of any invoice for Access Fees is not made in full by the relevant due date, BookMySports may suspend or terminate Your use of the Services.

8.3 Accrued rights

Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

  1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  2. immediately cease to use the Services and the Website.

9. General

9.1 Relationship of parties

Nothing expressed or implied in this Agreement will be deemed to constitute either party as the partner, agent, or joint venturer of the other party.

9.2 Entire agreement

This Agreement, together with the BookMySports Privacy Policy and the terms of any other notices or instructions given to You under this Agreement, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and BookMySports relating to the Services and the other matters dealt with in this Agreement.

9.3 Waiver

If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

9.4 Delays

Neither party will be liable for any delay or failure in performance of its obligations under this Agreement to the extent the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

9.5 No assignment

You may not assign or transfer any rights or obligations under this Agreement to any other person without BookMySports's prior written consent.

9.6 Governing law and jurisdiction

This Agreement is governed by, and will be construed in accordance with, the laws of India. Each party irrevocably submits to the exclusive jurisdiction of the India courts for the purpose of hearing and determining all disputes under or in connection with this Agreement.

9.7 Severabilit

y

If any part or provision of this Agreement is invalid, unenforceable or in conflict with any law, that part or provision is deemed to be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

9.8 Notices

Any notice given under this Agreement by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to BookMySports must be sent to play@bookmysports.com or to any other email address notified by email to You by BookMySports. Notices to You will be sent to the email address which You provided when setting up Your access to the Services.

9.9 Rights of Third Parties

A person who is not a party to this Agreement has no right to benefit under or to enforce any term of this Agreement.

BookMySports CMS Terms of Service:

This Terms of Service Agreement (the “Agreement”) is an agreement between you (the “User”) and BookMySports, Ltd. ("BookMySports", "we", or “us"). We provide Users with access to certain Materials (as defined below) to help our customers create and manage websites by providing general and personalised content, website hosting services, API data feeds, and services (collectively, the “Services”) directly and through the website and associated domains of http://www.BookMySports.site, (the “Site”). We've tried really hard to keep this Agreement as readable and straightforward as possible. If you have suggestions that can help us improve it or any questions about this Agreement, please email us and let us know. This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us. By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site.

1. What We Own

All material and services available on the Site, and all material and services provided by or through BookMySports, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All BookMySports trademarks and service marks, logos, slogans and taglines are the property of BookMySports. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on BookMySports without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

2. Rights to Use What We Own

Subject to this Agreement, BookMySports hereby grants you a limited, revocable, non- transferable and non-exclusive license to use the Materials through a user identification reference and API key provided by BookMySports (“User ID”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement.

This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.

We will provide you one User ID for each account held by you, thereby permitting you access to the Materials on one computer at a time through the Site. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your employee (paid or voluntary), and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.

3. What You Provide to Us

You are legally responsible for all information, data, text, software, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). BookMySports is not responsible for your Content. You hereby grant BookMySports a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.

4. Giving Us Access to Other Accounts and Services

Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.

5. Comments and Feedback

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.

6. Monitoring What You Provide Us

BookMySports may, but has no obligation to, monitor Content on the Site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect BookMySports or its customers, or operate the Services properly. BookMySports, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. BookMySports may, in its discretion, also require you to place all or any portion of the Content behind password protection. If BookMySports has requested Content be placed or has placed Content behind password protection, you may not publish the password or similar information in any way that limits the effectiveness of the password. If BookMySports requests that you place any Content behind password protection and you fail to do so promptly, BookMySports may (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.

7. Copyright Complaint Policy

If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.

8. Rules

You agree to all of the following:

  1. You hereby certify that you are at least 13 years of age. Individuals under the age of 13 are prohibited from using the Services.
  2. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
  3. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
  4. You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
  5. You will not use the Services or Materials to impersonate another person.
  6. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by BookMySports without our express written permission.
  7. You may not send unsolicited messages (also known as junk mail or SPAM) topromote any website published on the Site.
  8. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any BookMySports user to access the Services.
  9. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
  10. You may not upload digital files larger than 300MB or audio files larger than 160MB. You also may not build a site with more than 1,000 navigation pages. (If your site requires more than 1,000 pages, consider using a blog or splitting your content into multiple sites, for both readability and rendering reasons.)
  11. You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
  12. You will not share your password, let anyone else access your account, or do anything that might jeopardise the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by BookMySports.
  13. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
  14. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on BookMySports’s infrastructure.
  15. You will not publish Content, or links to Content, that is: i. Pornographic, sexually explicit, or violent.
    1. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
    2. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libellous.
    3. Breaches another’s privacy.
  16. You will not publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
  17. You verify that your country of residence is the same as your billing address. BookMySports may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If BookMySports reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial dataerased. We may also report you to law enforcement officials in the appropriate jurisdictions.

9. Selling Through BookMySports

Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by BookMySports (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to negotiate and complete transactions for these Commercial Products. When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the third party provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in this Agreement, you must follow the rules listed below when offering, selling or purchasing Commercial Products.

  1. You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S. Items identified as “not for distribution within the United States” may not be sold using the Services.
  2. You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
  3. You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
  4. You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of this Agreement.
  5. You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libellous, slanderous or otherwise defamatory.
  6. You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission. Without limiting anything else in this Agreement, we may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.

10. Fees

  1. You agree to a minimum twelve (12) month contract agreement with BookMySports.
  2. You can opt to upgrade or downgrade your service agreement to any other contract agreement that BookMySports is currently offering for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your BookMySports account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with BookMySports, and is in no way transferable to a cash refund.
  3. At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your website manager interface or via BookMySports's support addresses. Any cancellation issued via your website manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
  4. Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of BookMySports to provide free support for you in the use and operation of BookMySports. All other applications, features, functionality and support provided by BookMySports and its partners are provided for the fees described for each service on the Site (“Fees”) and you are liable for such Fees.
  5. If you registered for a trial use of the Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content that you have posted or uploaded during the Trial Period. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the Trial Period
  6. If you purchase any Services that we offer for a Fee, you agree to BookMySports, or our third party service providers, storing your payment card information. You expressly agree that we are authorised to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorise us to continue billing you and you agree to remain responsible for any uncollected Fees.

11. Taxes

You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Except for collecting EU VAT and remitting it to the EU, BookMySports shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. BookMySports is required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT shall be charged to these customers on top of our Fee

12. Termination

  1. Services may be terminated by us, without cause, at any time.
  2. Services may be terminated by you, without cause, by following the cancellation procedures set forth in Section 10(c).
  3. BookMySports may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
  4. Notice of termination of Services by BookMySports may be sent to the contact e-mail associated with your account. Upon termination, BookMySports has the right to delete all data, files, or other information that is stored in your account.

13. ERRORS AND ACCESS TO SITE

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. BOOKMYSPORTS WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT BOOKMYSPORTS MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.
14. Third Party Sites and Products

Third-Party Sites and Products are not under our control. Third-Part Sites and Products are provided to you as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.

Any use of a third-party site or product is at your risk and you indemnify BookMySports against any loss, disruption or damage; accidental or otherwise.

15. DISCLAIMER OF WARRANTY

THE SITE, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOOKMYSPORTS AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NEITHER BOOKMYSPORTS NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES BOOKMYSPORTS OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE. THE APPLICATION PROGRAMME INTERFACE MAY NOT BE AVAILABLE AT ALL TIMES.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK. IN ADDITION, BOOKMYSPORTS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE. FURTHER, BOOKMYSPORTS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE INDIA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER BOOKMYSPORTS NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THIS AGREEMENT APPLIES SOLELY TO THE SITE. AS PART OF THE SERVICES PROVIDED TO OTHER BOOKMYSPORTS USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES (“THIRD PARTY SITES”). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF BOOKMYSPORTS.

BOOKMYSPORTS IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY BOOKMYSPORTS DOES NOT IMPLY AN ENDORSEMENT THEREOF BY BOOKMYSPORTS, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE.

16. LIMITATION OF LIABILITY

WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF BOOKMYSPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE BOOKMYSPORTS AND HOLD BOOKMYSPORTS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, SITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

17. EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL BOOKMYSPORTS, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.

18. Termination/Exclusion

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, BookMySports has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.

19. Indemnification

You agree to indemnify, hold harmless, and defend BookMySports and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account’s) use of the Services, the Site or the Materials, (ii) your Content, or (iii) any Commercial Products you offer on or through the Site or using our Services. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilising your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defence and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

20. Amendments

We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Site that we have changed this Agreement. If you have a BookMySports account, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed this Agreement. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.

We may also, in the future, offer new services and/or features through Site (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.

21. Disputes

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of INDIA without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of INDIA. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New Delhi, INDIA, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

22. Privacy

We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions. Please also note that certain information, statements, data and content (such as photographs) which you post to the Site are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part.

Further, you acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion Disclosures of user information to third parties are further addressed in the Privacy Policy.

23. Other

You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to BookMySports as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that BookMySports shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by BookMySports in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of BookMySports, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.

24. Terms You Must Post on Your Site

You are responsible for drafting the terms of use and privacy policy for any website hosted by us for you as part of the Services (your “Hosted Site”). However, the terms of use for your Hosted Site must designate us a third party beneficiary and must contain intellectual property, limitations of liability, limitations of remedy, disclaimers of warranty and indemnification provisions each for the benefit of BookMySports which are at least as favourable to BookMySports as contained in this Agreement. You are also responsible for drafting the privacy policy for your Hosted Site. Your Hosted Site’s privacy policy must contain terms that are at least as protective of a user’s privacy as those contained in this Agreement.

You agree to indemnify and hold harmless BookMySports and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys’ fees), arising from or related to the use of, access to, interaction with or reliance upon, your Hosted Site, including the purchase, sale or other distribution of Commercial Products.

25. Miscellaneous

  1. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
  2. If we fail to enforce any of this Agreement, it will not be considered a waiver.
  3. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
  4. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
  5. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. shall be admissible in judicial or administrative proceedings based upon or relating to this

Terms of Sale - India Sports

1. Terms of Sale

1.1 These terms of sale set out the terms and conditions that apply to all registrations for sports programmes from the website. If you purchase a sports programme from the website, you are deemed to have accepted these terms of sale and agree to be bound by them.

1.2 We reserve the right to vary these terms of sale at any time. Any variation will be effective immediately upon posting of the amended terms of sale on the website. These terms of sale were last updated on 27 July 2016. On registering for a sports programme on the website after this date, you agree to be bound by the amended terms of sale.

2. Privacy policy and personal information

2.1 In order to purchase a sports programme you will be required to register on the website. As part of that registration you will have to provide us with personal information. We maintain Privacy Policy. Your consent to the release of your personal information to us and to third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at: play@bookmysports.com

2.2 You will ensure that all usernames and passwords required to access our website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account and limit your access to our website.

3. BookMySports as Agent

3.1 We sell sports programmes as an agent for and on behalf of the sports organisation. Any representations made by the sports organisation with reference to the sports programme and any associated claims or complaints are the responsibility of the sports organisation and not us.

3.2 All programme registrations are subject to the sports organisation’s terms and conditions of sale. It is your responsibility to ensure that you are familiar with the sports organisation’s terms and conditions (if any). We can provide you with a copy of the sports organisation’s terms and conditions (if any) on request.

3.3 If there is any inconsistency between these terms of sale and the sports organisation’s terms and conditions, or these terms of sale are silent on an issue, then the sports organisation’s terms and conditions will prevail to the extent of such inconsistency / silence.

3.4 Each programme registration is a licence granted to you by the sports organisation to attend the sports programme. Your contractual relationship is therefore with the sports organisation in terms of attendance at the programme.

4. Currency and Pricing

4.1 All ticket prices are in Indian Rupees (INR) unless otherwise stated.

4.2 All prices include GST unless otherwise stated.

5. Availability

5.1 We do not set the prices of the sports programme nor determine the sports programme location as registration is facilitated on behalf of sports organisations. Sports programmes may be sold through several distribution points, including online and through the sports organisation itself. As most distribution points generally access the same sports programme inventory, we cannot guarantee the availability of inventory and attendance numbers may be restricted.

6. Registration Confirmation

6.1 When you complete a registration online, you will receive a confirmation email.

7. Booking Fees

7.1 All registrations that are paid for through the website are subject to a service fee.

7.2 All registrations that are paid for by credit or debit card are subject to a credit card fee.

8. Cancelled sports programmes

8.1 The sports organisation reserves the right to add, withdraw or replace any sports programme amend the schedule of the sports programme, including date(s), prices, location and capacity.

8.2 Occasionally, sports programmes are cancelled by the sports organisation due to circumstances beyond their control, such as weather conditions. Should this occur, please contact the sports organisation that was due to hold the sports programme for information on refunds.

8.3 Refunds are at the sole discretion and control of the sports organisation.

8.4 Prior to the completion of the sports programme, we will facilitate any refunds approved by the sports organisation on behalf of the sports organisation with respect to registrations and payments made through the website.

8.5 After completion of the sports programme, the sports organisation will facilitate any refunds the sports organisation approves.

8.6 Refund limitations may be set by the sports organisation if the sports programme is changed, relocated or rescheduled.

9. Refunds and Exchanges

9.1 Unless authorised to do so by the sports organisation or required by law, we do not provide refunds or exchanges for any sports programme registrations. Therefore, please ensure that you carefully review your sports programme registration and the sports organisation’s terms and conditions of sale (if any) before processing the payment.

9.2 If a refund is authorised by the sports organisation or required by law, any service fees, credit card fees, delivery fees or booking fees are not refundable.

10. Participant Limits

10.1 Sports programmes may be subject to a limited number of registrations that each customer can purchase for a sports programme. This limit will be published as part of the sports programme information.

11. Limitation of Liability

11.1 We are not liable for any loss of any kind arising out of your attendance at a sports programme. Any liability arising is a matter between you and the sports organisation or other party.

11.2 By registering for sports programmes on behalf of others, including minors, you acknowledge that those parties are aware of all terms and conditions relating to their registration and their attendance at the sports programme.

11.3 To the fullest extent permitted by law, we exclude all responsibility and liability in relation to any registrations for sports programmes and the sports programmes themselves and we will not be responsible or liable for any loss, injury or damage however caused (including to any person or property), including under contract, tort, statute, product liability or otherwise, whether they be direct or indirect, special, incidental or consequential, resulting from the use of this website, your use of or the inability to present evidence of registration confirmation, the cancellation or postponement of the sports programme, or for any other reason whatsoever.

12. Re-Sale of sports programme registrations not permitted

12.1 No registration may be resold, used for advertising, promotion or other commercial purposes without formal written authorisation from us or the sports organisation. Any breach of this term will result in you or any third party holder of the registration being refused admission to the sports programme.

13. Attendance

13.1 You may be required to present evidence of registration in the form of email confirmation to attend the sports programme. Unless registrations are purchased from an authorised sales channel, they may be voided or you may be refused admission.

13.2 Online registrations are available to print by accessing the email receipt sent to your specified email address upon successful registration.

13.3 The sports organisation reserves the right to refuse admission or to eject you or any third party holder of the registration from the sports programme, without compensation to you, in circumstances where the sports organisation considers it has cause. This includes (without limitation) where email receipts are lost or damaged, where you engage in conduct that unreasonably interferes with the enjoyment of the sports programme by others (i.e. by fighting, being abusive or disorderly, hampering the conduct of the sports programme or otherwise) and where you do not comply with the sports organisation’s terms and conditions.

13.4 You must comply with all security and safety requirements of the sports organisation and the sports programme venue in relation to your attendance.

14. Definitions

  • “sports organisation” refers to the party providing the sports programme. This may include, but is not limited to, Academies, Event organisers, Facility owners or any organisation under India Sports control.
  • “sports programme” means a sports event or activity where the focus is on skills and participation, not on structure and scored competition fixtures.
  • “registration” occurs when a person has registered and paid for a sports programme. “registering” has the corresponding meaning.
  • “we/us/our” are all references to BookMySports.
  • “website” means and includes www.bookmysports.com, and any webpage derived from that website and any webpage owned by BookMySports.
  • “you/your” are all references to you, as the purchaser of the sports programme registration and/or attendee of the sports programme.

15. Contact Details
Address: 35/6, WEA, Karol Bagh, India
Email: play@bookmysports.com
Phone: +91 9560393300

Introduction

This Agreement is intended to explain our obligations as a service provider, and Your obligations as a customer, for the Services.
This Agreement is binding on any use of the Services and applies to You from the time that BookMySports provides You with access to a Service.
BookMySports reserves the right to change the terms of this Agreement at any time, effective upon the posting of a modified agreement and BookMySports will use best endeavours to communicate these changes to You via email or notification via the Website. It is likely this Agreement will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent agreement available on the Website.
By registering to use the Services You acknowledge that You have read and understood this Agreement and have the authority to act on behalf of any person for whom You are using the Services. You are deemed to have agreed to this Agreement on behalf of any entity for whom You use the Services.

1. Definitions

1.1 In this Agreement, the following terms have the following meaning unless the context requires otherwise:

Agreement means these Terms of Use;

Access Fee means any fee for the Services (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which BookMySports may change from time to time on notice to You);

Confidential Information means all information confidential to BookMySports under or in relation to this Agreement (including the Services), whether in writing, electronically or orally, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party;

BookMySports means Brain Seed Sportainment Pvt Ltd and all current and future subsidiaries of Brain Seed Sportainment Pvt Ltd;

Data means any data or information inputted by You or with Your authority, or otherwise, into, or in any way using, the Website or the Services;

Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;

Services means: (a) the online premium user services provided, which are owned by BookMySports and made available (as may be changed or updated from time to time by BookMySports) via the Website;

Website means the Internet site at the domain [www.bookmysports.com] or any other site operated by BookMySports; and

You means the person who registers to use the Services and, where the context permits, includes any entity or organisation on whose behalf that person registers to use the Services.

2. Use

BookMySports grants You the right to access and use the Services via the Website with the particular user roles available to You according to Your subscription type as set out on the Website. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

3. Your obligations

3.1 Payment

  1. Where an Access Fee is payable for Your use of the Services, an invoice will be issued in advance of the period to which the Access Fee applies. The Access Fee will cover Your use of the Services for the period specified on the Website. BookMySports will continue invoicing You in advance until this Agreement is terminated in accordance with clause 8.
  2. All invoices will be made available to You. You must pay or arrange payment of all amounts specified in any invoice before the commencement of the 1st day of the next payment period. You are responsible for payment of all taxes and duties in addition to the Access Fee.

3.2 General obligations

You must only use the Services and Website for Your own lawful internal purposes, in accordance with this Agreement and any notice sent by BookMySports or condition posted on the Website. Where appropriate, You may use the Services and Website on behalf of others or in order to provide services to others but if You do so You must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

3.3 Access conditions

  1. You must ensure that all usernames and passwords required to access the Services are kept secure and confidential. You must immediately notify BookMySports of any unauthorised use of Your passwords or any other breach of security and BookMySports will reset Your password and You must take all other actions that BookMySports reasonably deems necessary to maintain or enhance the security of BookMySports's computing systems and networks and Your access to the Services.
  2. As a condition of this Agreement, when accessing and using the Services, You must:
  1. not attempt to undermine the security or integrity of BookMySports's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
  2. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
  3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
  4. not transmit, or input into the Services or the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or Data in violation of any law (including Data protected by copyright or trade secrets which You do not have the right to use); and
  5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

3.4 Usage limitations

Use of the Services may be subject to limitations, including but not limited to volumes. Any such limitations will be advised.

3.5 Indemnity

You will indemnify BookMySports against all claims, costs, damage and loss arising from Your breach of this Agreement or under any law, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

4. Confidentiality and Privacy

4.1 Confidentiality

  1. You will preserve the confidentiality of all Confidential Information obtained in connection with this Agreement. You will not, without the prior written consent of BookMySports, disclose or make any Confidential Information available to any person, or use the same for Your benefit, other than as contemplated by this Agreement.
  2. Your obligations under this clause will survive termination of this Agreement.
  3. The provisions of this clause 4 shall not apply to any information which:
  1. is or becomes public knowledge other than by a breach of this clause;
  2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
  3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
  4. is independently developed without access to the Confidential Information.

4.2 Privacy

By using the Services, You acknowledge BookMySports’s privacy policy and consent to the collection storage, processing, sharing and use of Your personal information and the Data (to the extent that the Data includes personal information) in accordance with that policy and this Agreement. You should read the BookMySports Privacy Policy. You will be taken to have accepted the privacy policy when You accept this Agreement.

5. Intellectual property

5.1 General

  1. Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of BookMySports (or its licensors).
  2. BookMySports hereby grants You a limited, revocable, non-sublicensable licence to reproduce and display BookMySports content (excluding software code) solely for Your personal use (or commercial use where permitted) in connection with viewing the Website and using the Services, and in connection with standard search engine activity or use of a standard internet browser (e.g., for making cache copies). For the avoidance of doubt, the foregoing limited licence: (i) does not give You any ownership of, or any other intellectual property interest in, any BookMySports content; and (ii) may be immediately suspended or terminated for any reason, in BookMySports’s sole discretion, and without advance notice or liability.

5.2 Proprietary rights in Data

  1. BookMySports has all ownership rights in the Data as between You and BookMySports. BookMySports hereby grants You a perpetual, irrevocable, non-exclusive, non-transferable license to use such Data for your internal business purposes.
  2. This Agreement includes only narrow, limited grants of rights to BookMySports content and to use and access of the Services and the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry customer or otherwise. All rights not expressly granted to You are reserved by BookMySports and its licensors and other third parties. Any goodwill that is created in connection with Your use of BookMySports content or the Services or Website inures to BookMySports. Any unauthorised use of any BookMySports content or the Services or Website is prohibited.

6. Warranties and acknowledgements
6.1 Authority
You warrant that where You have registered to use the Services on behalf of another person, You have the authority to agree to this Agreement on behalf of that person and agree that by registering to use the Services You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of this Agreement, without limiting Your own personal obligations under this Agreement.
6.2 Acknowledgement
You acknowledge that:

  1. You are authorised to use the Services and the Website and to access the Data that You input into the Website for the term of your use of the Services and the Website.
  2. BookMySports has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) You agree that:You are responsible for ensuring that You have the right to do so;
    1. You are responsible for authorising any person who is given access to Data, and You agree that BookMySports has no obligation to provide any person access to such Data without Your authorisation and may refer any requests for information to You to address; and
    2. You will indemnify BookMySports against any claims or loss relating to:BookMySports's refusal to provide any person access to the Data in accordance with this Agreement; and
    3. BookMySports’s making available Data to any person.
  3. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
  4. BookMySports does not warrant that the use of the Services or access to the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Services and the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services or Access to the Website. BookMySports is not in any way responsible for any such interference or prevention of Your access to, or use of, the Services and/or the Website.
  5. It is Your sole responsibility to determine that the Services meet Your needs and are suitable for the purposes for which they are used.

6.3 No warranties

BookMySports gives no warranty about the Services. Without limiting the foregoing, BookMySports does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied terms, conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

7. Limitation of Liability

7.1 Subject to clause 7.2 below, to the maximum extent permitted by law, BookMySports excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Services or Website.

7.2 If You suffer direct loss or damage as a result of BookMySports's negligence or failure to comply with this Agreement, any claim by You against BookMySports arising from BookMySports's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 6 months.

8. Termination

8.1 No-fault termination

This Agreement will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period this Agreement will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates this Agreement by giving notice to the other party before the end of the current period, or if You fail to make payment prior to the commencement of the next payment period. If You terminate this Agreement You shall be liable to pay all relevant Access Fees until the end of the current period and You will not receive a refund for any unused time during the current payment period. You can cancel this agreement at any time.

8.2 Breach

  1. If:
    1. You breach any of the terms in this Agreement (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 1 day after receiving notice of the breach if the breach is capable of being remedied;
    2. You breach any of the terms in this Agreement (including, without limitation, by non-payment of any Access Fees) and the breach is incapable of being remedied; or

      BookMySports may take any or all of the following actions, at its sole discretion:
    3. terminate this Agreement and Your use of the Services and the Website;
    4. suspend, for any definite or indefinite period of time, Your use of the Services and the Website;
    5. suspend or terminate access to all or any Data.
    6. For the avoidance of doubt, if payment of any invoice for Access Fees is not made in full by the relevant due date, BookMySports may suspend or terminate Your use of the Services.

8.3 Accrued rights

Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

  1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  2. immediately cease to use the Services and the Website.

9. General

9.1 Relationship of parties

Nothing expressed or implied in this Agreement will be deemed to constitute either party as the partner, agent, or joint venturer of the other party.

9.2 Entire agreement

This Agreement, together with the BookMySports Privacy Policy and the terms of any other notices or instructions given to You under this Agreement, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and BookMySports relating to the Services and the other matters dealt with in this Agreement.

9.3 Waiver

If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

9.4 Delays

Neither party will be liable for any delay or failure in performance of its obligations under this Agreement to the extent the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

9.5 No assignment

You may not assign or transfer any rights or obligations under this Agreement to any other person without BookMySports's prior written consent.

9.6 Governing law and jurisdiction

This Agreement is governed by, and will be construed in accordance with, the laws of India. Each party irrevocably submits to the exclusive jurisdiction of the India courts for the purpose of hearing and determining all disputes under or in connection with this Agreement.

9.7 Severability

If any part or provision of this Agreement is invalid, unenforceable or in conflict with any law, that part or provision is deemed to be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

9.8 Rights of Third Parties

A person who is not a party to this Agreement has no right to benefit under or to enforce any term of this Agreement.

Contact:

If you have any questions about our terms and conditions, or any other matter, you can get in touch with us at play@bookmysports.com

Please refer back to this section for the latest terms and conditions. Downloaded or copied content may not be current.

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