BY CLICKING ON THE “I AGREE” (OR A SIMILAR BUTTON) OR BY DOWNLOADING OR INSTALLING, REGISTERING, ACCESSING OR OTHERWISE USING THE PLATFORM IN ANY MANNER, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (AS DEFINED BELOW).
IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT USE OR INSTALL THE PLATFORM.
- “Company”; “Us”; “We”; “Our” shall mean Breaking Boundaries Private Limited, a company registered under the Indian Companies Act, 2013 having its registered office at Ward No. 2, Shiv Chowk, Main Road, Malegaon, Washim, Maharashtra – 444503, and another office at 3rd Floor, Bidkar Icon, Near Dakshin Mukhi Hanuman Mandir, Paschimanagri, Kothrud, Pune, Maharashtra – 411038.
- “Platform” shall mean and include the proprietary mobile application of the Company, namely “Women’s CricZone”, along with the website http://www.womenscriczone.com/ (“Website”).
- “Features” shall mean the content offered by us with respect to women’s cricket on our Platform.
- “you”; “your”; “Users” shall include in its ambit any and all users who visit, install, download and use the Platform.
- “use” or “using” “access” or “accessing” means the browsing, accessing, viewing, and usage of the Platform by the User in any manner whatsoever.
- SCOPE OF THE PLATFORM:
The Platform is a media portal that provides several Features in relation to women’s cricket such as live scoring, live updates, press releases, news, breaking news, interviews, match reports, etc. through a text, audio and/or a visual medium. The User is free to avail any of the Features available on the Platform free of cost. Although the Platform may display information that may be obtained through various sources, the Users understand and acknowledge that the Company shall not be responsible in any manner for the nature of the information displayed on the Platform. You understand and acknowledge that your use of the Platform is at your own risk and the Company shall not be liable for any consequence arising from such use.
To subscribe to the various Features available on the Platform, you shall be required to provide your full name and email address on the Platform. Through the subscription, you will be eligible to receive further alerts and updates related to the Features available on the Platform.
- USER SECURITY:
You will be responsible for maintaining your confidentiality and are fully responsible for all activities that occur when you access the Platform. You agree to immediately notify the Company of any breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
You agree to use the Platform only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law(s), regulation(s) or generally accepted practices or guidelines. You agree not to engage in any activity that may adversely affect the Platform or the use of the Platform by any other User.
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any company property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
You acknowledge and agree that by accessing or using the Platform, you may be exposed to content from third parties that you may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.
- ACCESS TO THE PLATFORM:
By accessing or using the Platform, you represent and warrant that you are of the age of majority in the jurisdiction in which you reside. As a minor, if you wish to use any Features or access the Platform, such use or access shall be made available to you by your legal guardian or parents, who has agreed to these Terms. In the event, a minor accesses or uses the Platform at any time, it is assumed that such a minor has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of any use or misuse of any kind of the Features available on the Platform that may occur by virtue of any person including a minor using or accessing the Platform. By using or accessing the Platform, you warrant that all the data provided by you is accurate and complete and if you are a minor, then your parent/legal guardian has given you the consent to access or use the Platform. The Company reserves the right to terminate your subscription and/or refuse to provide you with access to the Platform if it discovers that you are a minor and you do not have the consent from your parent/legal guardian to access or use the Platform or any information provided by you is inaccurate or for any other reason at the Company’s discretion. You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required criteria to use or access the Platform.
You agree to:
- provide accurate, authentic and true information about yourself,
- maintain your and the Platform’s security,
- update the email address listed in connection with your subscription to keep it accurate so that we can contact you; and
- be fully responsible for all your actions.
You must not subscribe on behalf of another individual or entity unless you are authorized to do so.
Accessing, browsing, subscribing or any other action with respect to the Platform does not deem to make you a member, shareholder or affiliate of the Company for any purposes whatsoever, nor shall you have any of the rights of statutory members of the Company.
Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of your subscription or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the Platform that is known to you or suspected by you, and (iii) not provide false identity or information to gain access to or use the Platform in any manner.
The Company does not charge any fee for accessing or using any of the Features available on its Platform. However, the Company may in the future, at its discretion, start charging a fee to the Users for accessing or using the Features on its Platform. The Company may incorporate a payment gateway on the Platform for processing such payment or any other kind of payment. In such a scenario, the User will be intimated about the payment before accessing or using any Feature on the Platform.
- CONTENT AVAILABLE:
The Company does not make any warranty or representation for the Features available on the Platform. The Company shall not be held liable under any circumstances including, but not limited to: any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, liability, claims or omission of information or details posted, or any link accessible or made available through this Platform. You understand that by using this Platform, you may be exposed to content that may be incomplete, old, offensive and/or objectionable due to any reason whatsoever. The Company assumes no responsibility for such content. We are not responsible if information made available on the Platform is not accurate, complete or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of the Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform. You agree that you are solely responsible for your use of the Features made available through the Platform, and the Company shall not be responsible and/or liable for any consequences arising from such use.
The Platform may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and any third party and is released from any liability arising out of or in any way connected with such interaction.
- OWNERSHIP OF INTELLECTUAL PROPERTY:
The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by the Company and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant you any right to any intellectual property contained in or available on the Platform.
The Company respects copyrights, and we prohibit Users from submitting or transmitting any content or details through the Platform that violates another person’s or entity’s proprietary rights.
If you believe that the Platform contains elements that infringe your intellectual property rights from your work, please notify the Company immediately. If we receive any intellectual property right infringement claim notification, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
All material on this Platform, including but not limited to audio, video, images, photographs, software, text, icons and such like (the “Platform Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the Platform Content, except as specified herein.
There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may choose to, or we may invite you or any third party to submit or you may submit or take part in chats, testimonials, blogs, photographs, content, whitepapers, comments, newsletters, reviews, ratings about the Features, including without limitation about how to improve the Features of the Platform (“Feedback”) on the contact form available on the Platform. By submitting such Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation to maintain the secrecy of such Feedback, and that we are free to use the Feedback, without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any right to use similar or related ideas previously known to the Company or developed by its employees or obtained from sources other than you.
In case you wish to submit any oral Feedback or raise a complaint, please write to [email protected].
Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the Features, functionalities, processes, data and information regarding the Platform, or other information of a confidential nature disclosed by one party to the other party under these Terms, in any form (“Confidential Information”). Confidential Information shall, however, exclude any information which (i) is/was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without the use of Confidential Information; or (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms.
- PROHIBITED CONDUCT:
You agree not to engage in any of the following activities:
Violating laws and rights:
You may not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (c) circumvent or disable any content protection system or digital rights management technology used in connection with the Platform Content, (d) rebroadcast or transmit the Platform Content, (e) modify the Platform in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from the Platform Content, or by framing, mirroring, or utilizing similar techniques.
You may not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
You may not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other user’s use and enjoyment of the Platform; including but not limited by:
- uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
- interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server, or
- modifying, merging, revising or enhancing the Platform in any way, or
- decompiling, disassembling, reverse engineering the Platform in any manner whatsoever.
You may not share or transmit content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incite the commission of an illegal or violent act.
Impersonation or unauthorized access:
You will not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Platform.
You will not use or attempt to use any other person or entity’s information, personal or otherwise; and you will not attempt to gain unauthorized access to the Platform, through hacking, password mining or any other means.
Developing competing offerings:
You will not use the Platform to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Platform.
You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate your right to use the Platform and the Features and take any other corrective action as it deems fit.
In the event you are at the receiving end of any offensive content or are the victim of any such action of any other User, you are encouraged to report such content or conduct to the Company. The Company may delete such offensive content and take any other corrective action as it deems fit.
- PROMOTIONS AND OFFERS FROM THE COMPANY:
We may encourage Users to participate in certain promotions, discount offers, contests, social media events, memberships (“Promotions”) released by the Company, from time to time. These Promotions would be at our own discretion. The Promotions may have its own terms and conditions, which will be in addition to these Terms. Promotions cannot be transferred or clubbed. We may request for additional information from the Users if the Users wish to participate in these Promotions.
- DEALINGS WITH THIRD PARTY ORGANISATIONS AND INDIVIDUALS:
Certain content available on the Platform may include materials from third parties. Third party links on this Platform may direct you to third party websites that are not affiliated with us. You agree and acknowledge that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings or interactions with any third-party organisation or individual through the Platform. In the event that you have a dispute with one or more other third -party organisations or individuals, you hereby release the Company, its directors, officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Platform.
- DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE FEATURES PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE INFORMATION THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE FEATURES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FEATURES OR ANY INFORMATION PROVIDED OR THE PLATFORM’S CONTENT OR THE DATA SHARED BY OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND THE FEATURES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FEATURES DISPLAYED, DELIVERED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE FEATURES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY MERCHANTS OR ADVERTISERS.
- LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE INFORMATION PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE FEATURES, FROM INABILITY TO USE THE PLATFORM OR THE FEATURES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE FEATURES PROVIDED THROUGH IT. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE FEATURES OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY FEATURES, DESCRIPTION OF PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR ANY INFORMATION OR LINKS ON THE PLATFORM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS FACILITATED, CONTROLLED AND OFFERED BY THE COMPANY FROM ITS FACILITIES IN INDIA. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY EXCEED THE AMOUNT OF INR 1000.
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:
- (i) Features available on the Platform;
- (ii) Infringement of any third- party intellectual property rights;
- (iii) Any breach of these Terms;
- (iv) Any breach of applicable laws;
- (v) Any transaction (present and subsequent) between you and the Company or any third-party advertisers;
- (vi) Your use of and access to the Features available on the Platform;
- (vii) Your violation of these Terms;
- Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; and
- (ix) Your violation of any applicable law, rule or regulation.
The Company reserves the right to terminate your right and access to access or use the Platform with or without any reason whatsoever. Additionally, your right to access and use the Platform terminates automatically upon your material breach of these Terms.
Survival: The Disclaimer of Warranties, the Limitation of Liability, Indemnity and the Jurisdiction and Applicable Laws provisions will survive any termination of these Terms.
- MISCELLANEOUS TERMS:
Choice of Law and Jurisdiction:
These Terms are governed by and shall be construed according to the laws of India. The acceptance of the Terms shall be deemed to have been given at Pune, Maharashtra, India and the courts in Pune shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities of the parties arising under these Terms, to the exclusion of all other courts in India.
The Company’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship:
You agree that no joint venture, employment, or agency relationship exists between you and the Company as a result of these Terms or due to your use of the Platform or any of its Features.
- ELECTRONIC RECORD:
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- CHANGE IN TERMS:
We may update these Terms without notice to you. You are encouraged to check these Terms on a regular basis to be aware of the changes made to it. Your continued use of the Platform after such change shall be deemed to be your acceptance of the revised Terms.
The Terms were last modified on 15th August 2020.