Sportomic Discover your sport

Terms & Conditions

This Site/ Application/ Services is/are operated /provided by Bluejersey18 Technologies Private Limited (“Bluejersey18”) operating under the brand name Sportomic (“Us” or “Our” or “We” or “Sportomic”). We operate and are engaged in organising sports and other recreational events as well as providing an internet-based booking platform for and in connection with Our as well as third party sports and other events such as sports fitness session(s), sports coaching/outdoor fitness sessions, sports related training activities and sports facilities and venues through Our Site, either by Our self or through Our subsidiaries, affiliates or third-party service providers. On our Site We provide a community-driven ‘Groups & Games’ feature, that allows Customers to connect with ‘groups’ and participate in sports games being organized near their locality. These Terms of Use (“User Terms”) are a legal contract between you and Us.

Subject to the terms and conditions mentioned in these User Terms, you are hereby granted a non- exclusive, limited, non-transferable, non-sublicensable license, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. Sportomic reserves all rights not expressly granted herein in the Service (as detailed below).

These User Terms apply to your visit to and use, of the Site whether through a computer or a mobile phone or any other device, the Service, as well as to all information, recommendations and/or services provided to you on or through the Site and the Service.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By successfully registering your account with us, you are consenting to be bound by these User Terms. Please ensure that you read and understand all these User Terms before you use the Site. If you do not accept any of the User Terms, then please do not use the Site or avail any of the Services being provided therein. Your agreement to these User Terms shall operate as a binding agreement between you and Sportomic in respect of the use and services of the Site.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://sportomic.com/privacy-policy.php

By accepting these User Terms, you also allow Sportomic to send you promotional emails and SMS as well as WhatsApp alerts from time to time.

DEFINITIONS

All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

Account shall mean the account created by or for the Customer on the Site for availing the Services.
Additional Fee shall mean any toll duty, inter-state taxes, etc. as may not be included in the Order Value but payable to any third party / government authorities for availing Services under Applicable Law.
Applicable Law(s) shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
Application shall mean the mobile application Sportomic, owned and updated by Bluejersey18 from time to time.
Convenience Fee shall mean the fee payable by the Customer to Sportomic for the Services i.e., for availing the technology services offered by Sportomic. Convenience Fee shall be chargeable on every Order made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
Cancellation Fee shall mean the fee payable towards cancellation of an Order by a Customer in terms of Clause 7 of these User Terms. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
Customer/ you means a person who has an Account.
E-Wallet shall mean a pre-paid instrument, which can be used to make payments on the Site.
Force Majeure Event shall mean any event arising due to any cause beyond the reasonable control of Sportomic.
Order shall mean the order placed by a Customer to avail the Services facilitated through the Site.
Order Value shall mean such amount in Indian Rupees, which is reflected on the Site, as the amount payable for a specific Order. The Order Value shall be exclusive of all applicable taxes on the Order Value, if any.
Registration Data shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Sportomic from the Customer from time to time for registration on the Application.
Site shall mean the Application, the website owned and operated by Sportomic and any website which is owned and developed by Us for Our specific partner/third party service provider to give such partner an exclusive platform for its listing of its events/sport sessions etc. or any other software that enables the use of the Application or such other URL or any other booking platform as may be specifically provided by Sportomic.
Total Fee shall mean and include the Order Value, the Convenience Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.

II. ELIGIBILITY

You will be eligible to use the Services only if You are competent to enter into a binding contract under Applicable Laws.
If you reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into contracts such as this User Terms due to age, Your use of Services shall bind Your legal guardian to these User Terms.

III. REGISTRATION AND ACCOUNT

In order to access certain password-restricted areas of the Site and to use certain Services offered through the Site, you are required to successfully register an Account with Us.
You understand and acknowledge that you can register on the Site only after complying with the requirements of this Clause III and by entering your Registration Data.
You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.
You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or for any other reason We may find just or equitable.
Except for the Registration Data or any other data submitted by you during the use of any Service offered through Site (“Permitted Information”), Sportomic does not want you to, and you should not, send any confidential or proprietary information to Sportomic on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms you agree that any information or material that you or individuals acting on your behalf provide to Sportomic other than the Permitted Information will not be considered confidential or proprietary.
It is your responsibility to check to ensure that you download the correct Application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
We allow you to open only one Account in association with the Registration Data provided by you. In case of any unauthorized use of your Account please immediately reach Us at help@sportomic.com.
In case, you are unable to access your Account, please inform Us at help@Sportomic.com and make a written request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to the expiry of 72 (seventy-two) hours after you have made a request in writing for blocking your Account and shall not have any liability in case of Force Majeure Event.

IV. SERVICES

You may order Our Services using Our Site. You will be charged the applicable fees set forth in the schedule of pricing, as may be prescribed from time to time.
The Total Fee for the Services will be provided through the Site at the time the Services are ordered. You shall be subject to terms regarding minimum quantities to be ordered and minimum service fees, as detailed on the Site.
Due to reasons such as Applicable Law, and limitations, the Services may not be available in all locations within a service area. We reserve the right to decline the Services for any reason in Our discretion. You will not be charged in such circumstances.
By using the Site for availing the Service, you further agree that:
1. you will only use the Service or download the Application for your sole personal use and will not resell or assign it to a third party;
2. you will not use an Account that is subject to any rights of a person other than you without appropriate authorization;
3. you will not try to harm the Service, Site or our network in any way whatsoever;
4. you will provide Sportomic with such information and documents which Sportomic may reasonably request for and in relation to performance of Services by Sportomic;
5. you will only use an authorized network to avail the Service;
6. you are aware that when requesting Services, whether by message, via Site or calling the call centre of Sportomic, standard messaging charges, data charges, voice charges, as applicable, of your and Our phone network service providers, will apply;
7. you will comply with all Applicable Law from your country of domicile and residence and the country, state and/or city in which you are present while using the Site or Service;
8. you are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder;
9. you must use our Services according to these User Terms. If you violate these User Terms, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the "Term and Termination" section below; and
10. you must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Sportomic, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by Us;
11. you are responsible for keeping your device and your account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services
Sportomic reserves the right to immediately terminate the Service and the use of the Application or booking on the Site in the event of non-compliance with any of the above requirements. Further, Sportomic will store the information provided by you or record your calls for contacting you for all Service-related matters. You shall promptly inform Sportomic on any change in the information provided by you.
Sportomic or an authorised representative of Sportomic, may provide information regarding Services, discounts and promotions provided by Sportomic to you by way of an SMS or email to your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. In order to discontinue receiving such information, you may at any point of contact at help@Sportomic.com to discontinue the same.
You agree to grant Sportomic a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, host, store, use, copy, display, reproduce, adapt, publish, database rights or any other rights you have in your information, Posted Content (as defined below) and Accessed Content (as defined below) in any media now known or not currently known, with respect to your information. You agree and permit Sportomatic to share your information and/or Permitted Information, with third parties.
Sportomic will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the Services by Sportomic jointly and/or severally with the party/ies in joint venture. You hereby give your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

V. CONFIRMATION OF ORDERS

Sportomic shall, upon receiving the Order request from you in the manner set out above, proceed to confirm or decline the Order based on the ability to provide Service which shall be informed to you vide an SMS or email. In the event the Order is confirmed, you shall check the Order details and if there is any incorrect detail, the same needs to be informed to us immediately at help@Sportomic.com .
You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation SMS or email or failure to inform Sportomic of the incorrect details immediately.

VI. PAYMENT

Sportomic shall charge Total Fee for the Service which shall be determined and amended at the sole and absolute discretion of Sportomic.
You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Fee.
You shall be required to pay such Cancellation Fee in terms of Clause VII, which will form part of the receipt of the Total Fee.
In addition to the Total Fee, you may be required to pay such other charges incurred by you for availing the Service in cash, which are not included in the receipt of the Total Fee.
The Total Fee will be collected by Sportomic from you at the time of placing an order for the Service. However, it shall be the venue partner's responsibility to issue a tax invoice to you after receipt of payment for the Order.
All applicable taxes in respect of the Order Value, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by you.

It is clarified that once the Order is placed on the Site then it shall be your sole responsibility that the Total Fees is given to Sportomic and/or the venue owner (as stated above).

You shall choose to pay for the Total Fee by either of the following five methods:
1. E-Wallet payment: Sportomic offers you the facility of making an online payment through an E-Wallet powered by a third-party payment processor (“Payment Processor”). E-Wallet money will not be applicable on Orders made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Sportomic engages for the purpose. Sportomic will not be responsible for any errors by the Payment Processor in any manner.
2. Credit Card/ Debit Card/ Net Banking Payment: Total Fee shall be effected using the services of an entity providing payment gateway/processor services (“PG”), authorized by Sportomic. Such PG may either be Sportomic or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (“Card Details”) with the PG for the successful completion of payment towards Total Fee to Sportomic and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services are PCI-DSS (Payment Card Industry Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with your payment details. Your authorization further permits the PG to use your Card Details for the processing of transactions initiated by you at any of Sportomic's affiliates. Your authorization will remain in effect as long as you maintain an Account with Us. In the event you delete your Card Details with the PG or if you delete your Account, the PG will not process any further transactions initiated by you at the Site or Application and at the sites of any of Sportomic's affiliates. Your authorization under this Clause is subject to any other terms and conditions of the PG.
3. Cash to the venue owner (or its authorised personnel) wherever applicable.

Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between you and the Payment Processor/PG. Sportomic shall not be responsible for any unauthorized use of your E-Wallet or Card Details during or after availing the Services on the Site.

Except to the extent otherwise required by Applicable Law, and as mentioned in Clause VI (i) above, Sportomic is not liable for any payments authorized through the Site using your Card Details. Particularly, Sportomic is not liable for any payments that do not complete because: (1) your payment card or bank account or E-Wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the payment details provided; (2) You have not provided Sportomic with correct payment details; (3) Your payment card has expired; or (4) circumstances beyond Sportomic's control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) preventing the execution of the transaction.

VII. CANCELLATION AND REFUND POLICY

Sportomic does not set cancellation and refund policies for the events listed on behalf of the third-party service providers on its Site. We only take the responsibility that the third-party service providers must communicate its refund policy to you through our Site. The sole responsibility to issue refunds in accordance therewith shall be of such third-party service provider/seller of products. Consequently, your requests for refund of your Order should be directed to the third-party service providers with whom you make a booking through Our Site and in no event shall be directed to Sportomic. Any refund-related issues or disputes shall be strictly between you and the third-party service providers. Sportomic shall not be liable for any refund-related claims in connection with Services.

In case you wish to cancel booking of an Order for a Service provided by a third-party service provider on Sportomic, then the booking amount shall be refunded as per the refund policy for that specific venue or that specific event or that specific Service.

Cancellations are subject to the policy as set by the respective merchant partner. You can view the cancellation policies of the respective merchant partner on their information page prior to making a booking or purchase. The cancellation policy is also included in your booking ticket in your order history.

Cancellations can be initiated by the users themselves on your booking ticket. The refund amount due will be displayed prior to seeking confirmation of the cancellation. The refund amount will be credited back into the user’s account, to the same source through which the payment was made, within 7-10 working days, post initiating the cancellation.

For refund/cancellation of events, venues and Services organized directly by Sportomic:

You agree and acknowledge that once an Order has been successfully placed, you shall not be entitled to cancel your Order under any circumstances.

You further agree and acknowledge that all the fees paid to Sportomic shall be non-refundable, non- saleable, non-exchangeable, non-transferable and non-adjustable under any circumstances.

In case an event or venue directly organized by Sportomic is cancelled, you will be issued a voucher for the full amount of booking which can be redeemed against any future bookings in Sportomic’s Site within six months from the date of cancellation.

Refunds for Order due to failed online ticket booking will be processed within 7-10 working days.

Sportomic reserves the right to change/modify this cancellation and refund policy without any prior notice.

With regards to payments, the Site/Sportomic shall not be responsible for any unauthorised transactions conducted on our Site using your payment card or internet banking or any other method. The Site shall not be obligated to refund any money to you in such instances.

Cancellation fees to be charged based on below criteria

- Up to 4 hours before the first slot start time: 10% Cancellation Fees of booking amount

- Within 4 hours of the first slot start time: Cancellation Not Allowed and 100% Cancellation fee will be charged

Please note that our returns and refunds policy can also be accessed at https://sportomic.com/return-and-refunds-policy.php

VIII. CUSTOMER RELATIONSHIP MANAGEMENT

All issues, complaints, opinions, suggestions, questions and feedback while availing our Services shall be communicated to our Grievance Redressal Officer through email address help@Sportomic.com. You agree to be fair, accurate and non-disparaging while leaving comment, feedback, testimonials or reviews on or about the Services.

Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue may not be addressed.

You are competent to enter into a contract under the Applicable Laws.

Any issue reported on channels other than the above may be addressed by Sportomic only on a best-effort basis. Sportomic takes no liability for inability to get back on other channels. Sportomic shall endeavour to respond to your issues within 7 working days of your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Sportomic shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.

IX. FORCE MAJEURE

Sportomic shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

X. INDEMNIFICATION

By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold Sportomic, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents (“Indemnified Party”) harmless from and against any and all claims, costs, damages, losses, liabilities, obligations, penalties, actions, judgements, suits, proceedings, expenses and disbursement of any kind or nature whatsoever (including attorneys' fees and costs and the defense, appeal and settlement of any and all suits, actions or proceedings instituted or threatened) arising out of or in connection with:

your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein;

your violation of any rights of any third party;

your use or misuse of the Site or Service;

any misrepresentation with respect to the data or information provided by you;

failure to perform (either in whole or part) any obligations or responsibility including self-care required to be performed and ensured by you while availing the Services;

any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by you to Us and/or a claim that the Sportomic's use of such content infringes the intellectual property rights or privacy rights of a third party;

any claim that your data or information or content or photograph or any material (whether written, graphic, sound, or otherwise) caused damage to a third party or affect their rights under Applicable Law.

The right to indemnity of the Indemnified Party under this User Terms is separate and in addition to all such other rights that the Indemnified Party may have under Applicable Law or in equity or otherwise including but not limited to the right to seek damages and specific performance.

XI. LIABILITY

The information, recommendations and/or Services provided to you on or through the Site and call centre are for general information purposes only and does not constitute advice. Sportomic will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.

Sportomic shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of any information on the Site.

Sportomic does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.

Sportomic shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Sportomic. Sportomic will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding Order confirmation.

In case of availing Split Payment Service, if any part of the Total Fees remains unpaid by a Co-payer while placing the Order, then, it shall be your sole responsibility to pay the Total Fees to Us and/or Our partner’s at the venue, as the case may be.

In no event shall Sportomic be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if Sportomic has been advised of the possibility thereof.

In addition, and without limiting the foregoing, to the fullest extent permitted by Applicable Law, in no event will Sportomic’s aggregate liability arising out of or in connection with these User Terms or the services rendered hereunder, whether in contract, tort (including negligence, product liability or other theory), warranty, or otherwise, exceed the amount of Order Value.

If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Sportomic shall be the minimum permitted under Applicable Law.

You understand and agree that any material or data or content downloaded or otherwise obtained through the Site is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.

You acknowledge and agree that for the Secondary Services Sportomic’s involvement is restricted to suggesting Customers of relevant ‘groups’ to connect with other players and find games. Sportomic hereby disclaims all liability with regard to quality of such games, events, safety and precautions undertaken at such events, security maintained, etc.

You acknowledge and agree that access to Primary Services are facilitated through vendor(s) and the Sportomic Site does not have any control over the services, operations or management of the Primary Services or any products provided by our venue and/or vendor partners. We/Site hereby disclaims any and all liability arising out of your use of the Primary Services.

We/Site hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from any of the Services provided by Us and/or Our vendor/venue partners respectively. Further, We make no representation that any of the Services provided by Us and/or Our vendor/venue partners are appropriate or safe for use. You agree that the Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries (including death) and/or any kind of losses. You hereby assert that Your participation is voluntary and that You knowingly assume all such risks and hence hereby release Sportomic, Site and its vendor/venue partners of all liability arising out of such aforementioned risks.

You acknowledge and agree that Bluejersey18 Technologies Private Limited facilitates the hosting of products, services, events and arenas which are offered by third party providers ("Service Provider") and Bluejersey18 does not:

Make any warranties, whether express or implied of the quality of the products, services, events or arenas which are offered by the Service Providers;
Endorse, or confirm that a certain product, products, services, events or arenas which are provided or offered by the Service Provider, confirm to a certain quality or has been rated in a certain format;
Assume any liability if the products, services, events or arenas provided by the Service Provider do not meet the expectation of the User of if the User suffers any loss or damage, including any bodily injury as a consequence of using such products, services, events or arenas;;
Assume any liability in the event of any change, alternation, amendment or replacement to the products, services, events or arenas offered by the Service Provider.

You acknowledge and agree to maintain decorum at all times while using any of our venues and not to engage in any activities which are illegal and/or altercations with any other persons using the venue at any time. You hereby assert that You will be solely responsible for engaging in such acts and/or altercations at the venue and hence hereby release Sportomic, Site and its vendor/venue partners of all liability arising out of such aforementioned circumstances. In an event Your Order comprises of a group of individuals, each of such individuals shall be bound by these User Terms.

You confirm and agree that in addition to acceptance of these User Terms, your use and/or booking of the Services through the Site signifies your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, communicated or displayed on the venue centres of the third-party service provider. To the fullest extent permissible pursuant to applicable law, your use of the Services and your attendance at, participation in, purchase and/or use of the Services, is solely at your own risk and the We/Site does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the Services.

XII. DISCLAIMERS

The Sportomic Platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Sportomic Platform or delay or errors in functionality of the Sportomic Platform. As a result, we do not represent that the information posted is correct in every case.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
You acknowledge that third party services are available on the Sportomic Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. however, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third parties services.
Apart from a cursory background verification, Bluejersey18 does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Sportomic Platform and use your best judgment in that behalf.
While the materials provided on the Sportomic Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information or Services provided on the Sportomic Platform. In this regard, you acknowledge that the Services offered by the Sportomic Platform concern activities that carry an inherent risk. However, we merely provide a booking platform to facilitate such activities and in no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the Services contained herein.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party through the Sportomic Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. However, we will attempt to refund any amount paid by the User, at our sole discretion, and our liability in this regard, if any will be limited to just the amount paid by the User with respect to the said booking on the Sportomic Platform.
Nothing in these disclaimers limits the liability of Bluejersey18 in respect of:
1. Death or personal injury caused by the negligence of or its agents or employees;
2. Fraud or fraudulent misrepresentation by its agents or employees;
3. Any matter which it would be illegal or unlawful for it to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Nothing in these Terms of Use constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.
Sportomic does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
We do not authorize anyone to make a warranty on Our behalf and you shall not rely on any statement of warranty as a warranty by Us.
Sportomic and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Service or the Site, or your reliance upon the Service or the information contained upon the Site (whether arising from Sportomic or any other person's negligence or otherwise).
This Site, Application and all content on the Site and the Application are provided on an as is basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your access of the Site, that your access of the Site and availing of Services is at your sole risk, that you assume full responsibility for your access and use of the Site, and that Sportomic shall not be liable for any damages of any kind related to your access and use of this Site and/or Application.
All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any, is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
You acknowledge and agree that by accessing or using the Site or Services or any content on the Site, you may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable. We disclaims all liabilities arising in relation to such offensive content on the Site.

XIII. USE OF THE PLATFORM

You agree, undertake and confirm that your use of the Sportomic Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
1. belongs to another person and which you do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to any content which is in violation of the provisions of the Indian Penal Code, 1860;
3. is misleading or misrepresentative in any way;
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. harasses or advocates harassment of another person;
6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
13. contains video, photographs, or images of another person (with a minor or an adult);
14. tries to gain unauthorized access or exceeds the scope of authorized access to the Sportomic Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sportomic Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Sportomic Platform. Throughout these Terms of Use, Bluejersey18's prior written consent means a communication coming from Bluejersey18's legal department/authorised representative, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
17. interferes with another User's use and enjoyment of the Sportomic Platform or any third party User and enjoyment of similar services;
18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Sportomic Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
19. harm minors in any way;
20. infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
21. violates any law for the time being in force;
22. deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
23. impersonate another person;
24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
25. 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
26. is false, inaccurate or misleading;
27. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
28. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
You shall not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, data harvesting, 'framing' (iframes), article 'spinning') on or in relation to the Sportomic Platform without express written consent from Bluejersey18.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sportomic Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Sportomic Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sportomic Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Sportomic Platform, or any other systems or networks connected to the Sportomic Platform or to any server, computer, network, or to any of the services offered on or through the Sportomic Platform, by hacking, "password mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Sportomic Platform or any network connected to the Sportomic Platform nor breach the security or authentication measures on the Sportomic Platform or any network connected to the Sportomic Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Sportomic Platform, or any other Buyer, including any account on the Sportomic Platform not owned by you, to its source, or exploit the Sportomic Platform or any service or information made available or offered by or through the Sportomic Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sportomic Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Bluejersey18', or otherwise engage in any conduct or action that might tarnish the image or reputation, of Bluejersey18 on the Sportomic Platform or otherwise tarnish or dilute any of Bluejersey18's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sportomic Platform or Bluejersey18's systems or networks, or any systems or networks connected to Bluejersey18.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sportomic Platform or any transaction being conducted on the Sportomic Platform, or with any other person's use of the Sportomic Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Sportomic Platform or any service offered on or through the Sportomic Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Sportomic Platform or any content on the Palyo Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Bluejersey18 and/or others.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000, India and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to goods and service taxes, income tax, and local levies) regarding your use of our Service and your listing, purchase, solicitation of offers to avail our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow us to use the User Content supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and the Privacy Policy applicable to use of the Sportomic Platform.
We will monitor the your messages and interaction on the Sportomic Platform and you indulged in in any form of advertising or solicitation, we reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sportomic Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Sportomic Platform. Bluejersey18 shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Sportomic Platform and in your private messages. Please be advised that such content posted does not necessarily reflect Bluejersey18's views. In no event shall Bluejersey18 assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Sportomic Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sportomic Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sportomic Platform. Please note that Bluejersey18 does not warrant the quality or performance of any products of services which are hosted on the Sportomic Platform. Users are encouraged to exercise their personal discretion while choosing any product or service available on the Sportomic Platform.
It is possible that other Users (including unauthorized Users or 'hackers') may post or transmit offensive or obscene materials on the Sportomic Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sportomic Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Sportomic Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Sportomic Platform. Please carefully select the type of information that you publicly disclose or share with others on the Sportomic Platform.

XIV. APPLICATION LICENSE

Subject to your compliance with these User Terms, Sportomic grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use and to use the Site.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Site; (iii) create internet links to the Service or frame or mirror the Site on any other server or wireless or internet-based device; (iv) reverse engineer or access the Site in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Service or Site, or copy any ideas, features, functions or graphics of the Service or Site; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site or Service or its related systems or networks.

Sportomic will have the right to investigate and prosecute violation of any of the above to the fullest extent of the law. Sportomic may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Sportomic has no obligation to monitor your access to or use of the Site, Service, Posted Content or Accessed Content of yourself or other Customers but has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Sportomic reserves the right, at any time and without prior notice, to remove or disable access to any content that Sportomic, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site or the Service or its goodwill or acceptable business practices.

XV. CONTENT POSTED AND SHARED BY CUSTOMERS/US

Sportomic may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by you. Any success stories, comments, articles, testimonials, blogs, scribbles etc. posted/ uploaded/ conveyed/ communicated by you on the news feed or any dedicated place of the Site will also be considered as Posted Content. We may publish such Posted Content on our Site so long as you consent. You may request that such Posted Content be taken down at any time and we shall remove such Posted Content. You represent that you have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content and Applicable Law. Sportomic shall not in any manner be responsible for any actions taken by third-parties/you in relation to the Posted Content. Sportomic does not claim ownership of the information that you submit for your Sportomic account or through our Services. You must have the necessary rights to such information that you submit for your Sportomic account or through our Services and the right to grant the rights and licenses in these User Terms.

Sportomic may offer you the opportunity to get your photograph clicked (either single photo or in group with other users) or audio-videos may be made/created during a class/session in fitness centres/venues or at an event or during usage of any third-party websites or applications while taking fitness session or attending any event using or through Our Primary Services (“Photo & Videos”) , as decided by Sportomic at its sole discretion. Such Photos and Videos may be clicked/made/captured by the venue/centre managers, or any individual authorised by Sportomic’s personnel or venue managers and shall be accessed and used in the manner stated herein below:

Access to the Photos and Videos:

You may access the Photos and Videos from your Account on the Site and may be allowed to tag yourself in the photos. We grant you a revocable, limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the Photo and Video according to User Terms. You acknowledge that the Photos and Videos shall be accessible to you and other users of the Site and to those users who have attended the said sports session/class/event/activity. The said users may be allowed to download or take a screenshot of the Photos and Videos. In the event, you choose to tag yourself in the photos, your username shall be visible/accessible to other users and attendees of the session. Sportomic disclaims any and all liabilities with respect to the misuse, loss, modification, unavailability of the Photos and Videos available on the Site.

You hereby grant Sportomic an exclusive, transferable, royalty free, right to copy, irrevocable and worldwide licence to use, copy, host, distribute, store, copy, share modify, perform, create derivative works and publicly display the Photos and Videos on Site and/or on any public forum including on social media platform at its sole discretion for instance, Facebook and Instagram. We reserve all the right, title and interest not expressly granted to the fullest extent possible under Applicable Laws. Unless stated otherwise, all Photos and Videos are believed to be in the public domain as either promotional materials or publicity photos and videos as Sportomic may determine at its sole discretion.

It is hereby clarified that Sportomic will not have access to information posted by you on groups created by you and/or the ones that you join through the Secondary Services offered on the Application. All such data will be end-to-end encrypted. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them. Your messages are stored on your device and not typically stored on our servers. Once your messages are delivered, they are deleted from our servers. The following scenarios describe circumstances wh