The TIME OF SPORTS™ Website - www.timeofsports.com and APP are internet based sports consultancy and event booking portals owned and operated by TIME OF SPORTS SOLUTIONS PVT LTD, a company incorporated under the laws of India, with its registered office at Lower ground floor Pocket 1 Plot- 82 Jasola Vihar New Delhi- 110025.
This User Agreement sets out the terms and conditions on which TIME OF SPORTS™ shall provide the Services to the User through the App/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 Terms for such Service, which may be updated or modified by TIME OF SPORTS™ from time to time. Such Terms of Services shall be deemed to be a part of this Agreement and in the event of a conflict between such Terms of Services and this Agreement, the terms of this Agreement shall prevail.
Use of the App/Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the Terms of Service, as may be posted on the App/Website from time to time. For the removal of doubts, it is clarified that use of the App/Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the Terms of service.
Additionally, the Service Partner may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, tickets, gift vouchers, Combos, 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 Provider. In the event that any of the terms, conditions and notices contained in this Agreement or the Term of Services conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.
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 App/Website are not for commercial use but are specifically meant for personal use only.
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 Platforms. Limited reproduction and copying of the content of the App/Website is permitted provided that the TIME OF SPORTS™ 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 App/Website is not permitted.
TIME OF SPORTS™ has endeavored to ensure that all the information on the App/Website is correct, but TIME OF SPORTS™ neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. TIME OF SPORTS™ makes no warranty, express or implied, concerning the App/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 App/Website.
In case of third party events TIME OF SPORTS™ 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 TIME OF SPORTS™ be liable for the services provided by the service provider.
Although TIME OF SPORTS™ makes reasonable commercial efforts to ensure that the description and content in the Terms of Services and on each page of the app/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, in case of third party events, TIME OF SPORTS™ is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by them.
TIME OF SPORTS™ does not endorse any advertiser on its App/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.
In no event shall TIME OF SPORTS™ 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 app/website. Neither shall TIME OF SPORTS™ be responsible for the delay or inability to use the app/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 app/website, or otherwise arising out of the use of the app/website, whether based on contract, tort, negligence, strict liability or otherwise. further, TIME OF SPORTS™ shall not be held responsible for non-availability of the App/Website during periodic maintenance operations or any unplanned suspension of access to the App/Website that may occur due to technical reasons or for any reason beyond TIME OF SPORTS™'s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the App/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 TIME OF SPORTS™ 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.
The App/Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TIME OF SPORTS™ or the App/Website and TIME OF SPORTS™ 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. TIME OF SPORTS™ is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. TIME OF SPORTS™ is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by TIME OF SPORTS™ or the App/Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
TIME OF SPORTS™ is not responsible for any errors, omissions or representations on any Linked Site. TIME OF SPORTS™ 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.
As a condition of the use of the App/Website, the User warrants that they will not use the App/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 Terms of Service including both specific and implied. In addition, the App/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 App/Website.
TIME OF SPORTS™ reserves the right, in its sole discretion, to terminate the access to the App/Website and the related services or any portion thereof at any time, without notice.
TIME OF SPORTS™ reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the TIME OF SPORTS™ Services. TIME OF SPORTS™ further reserves the right to alter any and all fees from time to time, without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the TIME OF SPORTS™ Services.
In consideration of use of the App/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 App/Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipment including a computer and modem etc. to access/avail the app/Website 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.
The user also understands that the services may include certain communications from as service announcements and administrative messages. the user understands and agrees that the services are provided on an "as is" basis and that TIME OF SPORTS™ does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
Registration of the User on the App/Website is optional. If the User opts to register himself on the App/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 TIME OF SPORTS™. 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 TIME OF SPORTS™ services. TIME OF SPORTS™ 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 TIME OF SPORTS™ Services.
The user also agrees and undertakes to immediately notify TIME OF SPORTS™ 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 App/Website. TIME OF SPORTS™ shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about herself/himself and his/her beneficiaries as prompted by the registration form ("Registration Data") on the App/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 TIME OF SPORTS™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TIME OF SPORTS™ has the right to suspend or terminate the User's registration and refuse any and all current or future use of the App/Website and/or any Service.
Furthermore, the User grants TIME OF SPORTS™ the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the App/Website by the User contained herein or any other section or pages of the App/Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and TIME OF SPORTS™ 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 App/Website, the User authorizes TIME OF SPORTS™ 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 TIME OF SPORTS™ and its agents as their agent for this purpose.
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.
Either the User or TIME OF SPORTS™ may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
The User agrees that TIME OF SPORTS™ 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 Terms of Service.
This Agreement may be terminated by either the User or TIME OF SPORTS™ through a written notice to the other. TIME OF SPORTS™ 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 Terms of Service or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the App/Website/Service; and (b) notify TIME OF SPORTS™ of such discontinuance.
Upon termination of the Service, User's right to use the App/Website/Services and software shall immediately cease. The User shall have no right and TIME OF SPORTS™ 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 App/Website may not be retrieved later.
This agreement and each Term of service 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.