This website: www.sporjo.com (“Website”) is owned
and
operated by Breathe
Careers and
Consulting Private Limited (“BCCPL”), a company incorporated
under
the Companies
Act, 2013, and having its registered office at Unit No. 702, 7th Floor, Hubtown
Solaris, N
S Phadke Road,
Saiwadi, Andheri (E), Mumbai - 400069.
Through this Website, BCCPL aids prospective candidates in identifying
suitable
job opportunities
in the sports
industry by providing career counselling, mentorship, aptitude testing, recruitment,
placement
consulting and
management services (“Services”). As part of its Services,
BCCPL is
involved
in designing, developing and administering customised assessments for prospective
candidates
(“Assessment Tests”). Through the
Website,
BCCPL seeks to
facilitate a platform wherein prospective candidates can register on the Website, take
Assessment Tests, obtain
feedback on their scores undergo training, complete projects with organisations in the
industry
and apply for jobs
in the sports industry.
The terms ‘BCCPL’ or ‘us’ or ‘we’ refer to
the
owners of this
Website. The terms
‘you’ or ‘User’ refer to the user or viewer of our Website.
By browsing, viewing, using the Website or the Services or taking the
Assessment
Tests provided, you
consent to and
agree to comply with these terms of use (“Terms”
or
“Terms
of Use”).
BCCPL provides the Services subject to the notices, terms, and conditions set
forth
in these Terms of
Use. In
addition, when you avail of any of the Services, you will be subject to the rules,
guidelines,
policies, terms, and
conditions applicable to such specific Service, which will be deemed to be incorporated into
these Terms of Use by
reference. BCCPL reserves the right to change or modify the Website, the contents thereof,
the
Assessment Tests and
these Terms of Use at any time without any prior intimation to you. All modifications will
be
posted on the Website
and will become effective immediately upon such posting to the Website. Your continued use
of
the Website and/or the
Assessment Tests after such change or modification shall be deemed to be your agreement to
the
revised/modified
Terms of Use. Please review these Terms of Use regularly to remain informed of any change.
BCCPL
retains the right
to deny access to the Website and/or the Assessment Tests to anyone who it believes has
violated
any of these Terms
of Use or does not accept these Terms of Use.
These Terms were last modified on 17th July 2020.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR
AGREEMENT
TO ALL THE TERMS OF USE
IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS
CAREFULLY
BEFORE
PROCEEDING.
- Eligibility
- You will be eligible to visit the Website and/or utilise the Services or take the
Assessment Tests on
the Website only if you are competent to contract under the Indian Contract Act,
1872. A person is
competent to contract under the Indian Contract Act, 1872, if he/she is above
eighteen (18) years of
age, is of sound mind and is not disqualified from contracting by any law to which
he/she is subject.
- By visiting the Website and accepting these Terms of Use, you represent and warrant
to BCCPL that you
are competent to contract under the Indian Contract Act, 1872. You also represent
and warrant to BCCPL
that you will use the Website, the Services and take the Assessment Tests in a
manner consistent with
any and all applicable laws and regulations.
- Registration and Profile
- In general, you can visit our Website without revealing your identity or any personal information about yourself. However, you will not be able to access certain areas or the Services or take the Assessment Tests, which require prior registration on the Website and/or need you to reveal your identity and/or other information about you. You may also opt to receive general updates and other correspondence from BCCPL without payment of any fee by submitting only your name, email and phone number. Registration on the website, taking the Assessment Tests or opting for any of the Services however shall require you to pay a fee as appropriate. The fee paid is non-refundable. You will not be eligible for any refunds if you are unable to take the Assessment Test or receive the Services due to poor internet connectivity issues or technical errors at your end. All decisions of BCCPL regarding refunds shall be final. Refunds, if any, shall always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made of the fee.
- While registering on the Website, you are required to create a profile by entering
certain specified
information which shall include (but not be limited to) information related to your
identity such as
your username, name, date of birth, age, email address, phone number, Aadhar Card
details, experience,
qualifications, location, address and work/educational experience. Additionally, by
creating your
profile and submitting your information, you confirm that you have read and agree to
these Terms of Use
and BCCPL’s Privacy Policy, available at Privacy
Policy.
- You hereby also authorise BCCPL to store, index or archive in BCCPL’s
database, subject to these
Terms of Use and the Privacy Policy, all information obtained pursuant to your
registration on the
Website. You hereby agree that part or all of this information may be shared with
BCCPL’s existing
or future clients or affiliates as part of its services to such clients or
association with such
affiliates.
- As a pre-condition to using the Services or taking the Assessment Tests, you are
required to register on
the Website, create a profile with the requisite information and select a password
and username.
- The registration information you provide must be accurate, complete, and current at
all times. BCCPL
reserves the right to terminate any User account that you may setup on the Website,
if it finds, in its
sole and absolute determination, that you are in breach of the eligibility criteria
set out above or if
you violate any of the Terms set out herein.
- You may not use as a username the name of another person or entity or that is not
lawfully available for
use, a name or trademark that is subject to any rights of another person or entity
other than with
appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
You are responsible
for maintaining the confidentiality of your password and are solely responsible for
all activities
resulting from the use of your password and conducted through your account. You
agree to immediately
notify BCCPL in the event that any unauthorised use of your account or login or any
other breach of
security comes to your attention.
- BCCPL may change, improve and/or modify its Services, the Assessment Tests and/or
the Website, including
adding new features and functionalities, at its sole discretion, without providing
specific notice to
you of such changes.
- You hereby agree that your registration on the Website and/or performance in the
Assessment Tests are
not a guarantee for procuring any job(s), and you agree that you shall not hold
BCCPL liable for the
same.
- Background Verification
- You hereby agree and acknowledge that BCCPL shall not be responsible in any way
whatsoever for verifying
the accuracy of the information provided by you on the Website.
- You expressly acknowledge that any information shared by BCCPL with you with respect
to any prospective
job postings is made available to you strictly on an “as is” and
“as available”
basis without any representation or warranties, express or implied except otherwise
specified in
writing. BCCPL makes no warranties about the accuracy, reliability, completeness, or
timeliness of the
information. You shall be solely responsible for the verification of the information
provided to you by
BCCPL. Further, BCCPL shall not be responsible and shall not accept liability of
whatsoever nature in
respect of any loss or damage arising directly or indirectly to you due to your
failure to verify the
information or undertake any background or reference check.
- Use of Website Content
- This Website is controlled and operated by BCCPL. BCCPL authorises you, subject to
these Terms, to view
and access the content available on or from the Website and to access and use the
Website and the
Website Content (as defined below) solely for your personal, non-commercial use. The
contents of the
Website, and of all other websites under BCCPL’s control, whether partial or
otherwise, such as
designs, text, graphics, images, video, information, logos, button icons, software,
audio files and
other Website content (collectively, “Website
Content”), are protected
under applicable copyright, trademark and other laws. All Website Content is the
property of BCCPL or
its licensors. The compilation (meaning the collection, arrangement and assembly) of
all content on the
Website is the exclusive property of BCCPL and is protected by Indian and
international copyright,
trademark, and other laws. Unauthorised use of the Website Content may violate these
laws and/or
applicable communications regulations and statutes, and is strictly prohibited. You
may not sell or
modify the Website Content or reproduce, display, publicly perform, distribute, or
otherwise use the
Website Content in any way for any public or commercial purpose, in connection with
products or services
that are not those of BCCPL, in any other manner that is likely to cause confusion
among consumers or
that otherwise infringes BCCPL's intellectual property rights. Any use of the
Website Content for which
or pursuant to which you receive or intend to receive any remuneration, whether
monetary or otherwise,
is a commercial use for the purposes of this clause.
- Contributed Content
-
You are responsible for any notes, images, messages, e-mails, links to third party
websites or content,
postings on forums, feeds or journals, photos, drawings, profiles, opinions, ideas,
videos, audio files
or other materials establishing proof of identity, address and educational
qualifications professional
references or information posted or transmitted to the Website (collectively,
User Content). You agree that any User Content posted by you may be
used by
BCCPL, including
for the creation of derivative works that might include such User Content,
consistent with its Privacy
Policy and Terms of Use as mentioned herein, and you are not entitled to any payment
or other
compensation for such use.
- This Website may contain content provided by third parties. The responsibility for
such content is
solely that of the respective authors/contributors/posters and is not necessarily
endorsed in any manner
by BCCPL. BCCPL shall not be responsible for or liable in any manner whatsoever for
the content provided
by such authors/contributors/posters in any section of this Website. Further, the
accuracy of the
Website Content has not been verified by BCCPL and we provide no warranties of the
same. If you seek to
rely on any representation of information contained on this Website, any such
reliance shall be at your
own risk.
- User Representations
- You hereby represent and warrant to BCCPL that you will not provide personal
information (including
without limitation name, address, phone number, age, Aadhar Card details,
educational or professional
qualifications) that is not your own. The User account of any User found to be
creating an account or
providing information in proxy or in violation of the privacy rights of any other
individual will be
liable to be immediately terminated, and BCCPL reserves the right to notify relevant
authorities,
companies or individuals about such person’s actions, or take any other action
it deems necessary.
- You represent and warrant that the information provided by you in respect of your
profile is true,
accurate and capable of substantiation on the basis of documents, references and
other material, and is
not misleading or the product of any fraudulent conduct. In case of submission of
false or inaccurate or
misleading information in this regard, BCCPL may at its sole and absolute
discretion, terminate your
account and deny you access to the Website and/or Assessment Tests and/or the
Services, and may also
notify relevant employers, authorities, organisations or individuals or take any
other action that it
may deem necessary.
- You further represent and warrant that, to the extent you decide to share personal
or other information,
you will not post or submit incomplete, false or inaccurate personal or other
information.
- You further represent and warrant to BCCPL that any information or documentation
made available by you
to BCCPL or on the Website shall not constitute confidential information and that
you are not bound by
any confidentiality or non-disclosure obligations in relation to such information or
documentation, and
are permitted to share the same with third parties.
- You further warrant and undertake that you shall not engage in any unlawful conduct,
whether online or
offline, in your association with BCCPL, the Website or any other Users of the
Website and shall abide
by the rules of conduct specified in clause 7 (Acceptable and Lawful Use) below.
- Acceptable and Lawful Use
- You expressly acknowledge and agree that in order to ensure your acceptable and
lawful use of the
Website, you will comply with the following rules of conduct
- You may not post, distribute or reproduce in any way any copyrighted material,
trademarks or other
proprietary information without obtaining the prior written consent of the owner of
such proprietary
rights.
- BCCPL may (at its sole option) review, edit, reject, refuse to post, or delete any
User Content that, in
its sole and absolute judgment, violates these Terms or which might be offensive,
illegal, or that might
violate the rights, harm or threaten the safety of another person.
- Any information provided by you on the Website shall not be misleading in any way.
- You may not post or transmit any User Content or engage in interactions on the
Website, (even if made in
a joking, sarcastic or unintended manner), if it in any way:
- is violative of applicable law or is patently offensive to the general
community, such as
sexually explicit content, or content that promotes obscenity, fake news,
misinformation,
paedophilia, racism, sexism, genocide, harassment, bigotry, hatred or
physical harm of any kind
against any group, community, gender or individual;
- harasses or advocates harassment of another person, or solicits, or stalks
another member of a
forum or any other User of the Website;
- promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or
libellous
- infringes upon or violates any third party's rights (including, but not
limited to, intellectual
property rights, rights of privacy or publicity, such as unauthorized
disclosure of a person's
name, email address, physical address or phone number, or rights of
publicity);
- promotes an illegal or unauthorized copy of another person's copyrighted
work;
- provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or
solicits personal information from anyone;
- provides instructional information about illegal activities such as making
or buying illegal
drugs, violating someone's privacy, or providing or creating computer
viruses;
- contains video, photographs, or images of another person aged 18 or older
without his or her
express written consent and permission or those of any minor (regardless of
whether you have
obtained consent from the minor or his or her legal guardian);
- tries to gain unauthorised access or exceeds the scope of authorized access
to the Website as
per your account category, or to profiles, journals, forums, feeds, account
information,
bulletins or other areas of the Website or solicits passwords or personal
identification
information for commercial or unlawful purposes from other Users;
- constitutes engagement in commercial activities and sales without
BCCPL’s prior written
consent such as contests, sweepstakes, barter, advertising and pyramid
schemes. Throughout these
Terms, the term BCCPL’s "prior written consent" means a communication
coming from the
BCCPL’s legal department, specifically in response to your request,
and specifically
addressing the activity or conduct for which you seek authorization;
- contains viruses, time bombs, trojan horses, cancelbots, spiders, worms or
other harmful or
deleterious components or devices;
- interferes with another User's use and enjoyment of the Website;
- refers to any website or URL that, in the sole discretion of BCCPL, contains
material that is
inappropriate for the Website, contains content that would be prohibited on
the Website, or
violates the letter or spirit of these Terms; or
- contains content whose dissemination to the public is restricted by law or
relevant professional
guidelines.
- BCCPL specifically prohibits any unauthorised commercial use or other use of the
Website the Assessment
Tests and/or the Services, and you agree not to do any of the following:
- Post content that contains links to any website competitive to BCCPL;
- Use BCCPL’s database of Users for any purpose, including but not
limited to using the
information in the database to sell or promote any products or services, or
engage in data
mining;
- Post or submit to the Website any incomplete, false or inaccurate
biographical information or
information which is not their own, or submit any false or inaccurate
information in relation
the User’s qualifications, or services and facilities offered;
- Delete or revise any material posted by any other person or entity;
- Take any action that imposes an unreasonable or disproportionately large
load on the
Website’s infrastructure;
- Notwithstanding anything to the contrary contained herein, use or attempt to
use any engine,
software, tool, agent or other device or mechanism (including without
limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate or search the
Website and search
agents available from BCCPL on such Website and other than generally
available third party web
browsers (e.g., Google Chrome, Microsoft Internet Explorer, Firefox,
Safari); or
- Attempt to decipher, decompile, disassemble or reverse engineer any of the
software comprising
or in any way making up a part of the Website or the Assessment Tests.
- You must use the Website in a manner consistent with any and all applicable laws
and
regulations.
Illegal and/or unauthorised uses of the Website, including without limitation,
collecting usernames,
contact details and/or email addresses of other Users by electronic or other means
for the purpose of
sending unsolicited emails and unauthorized framing of or linking to the Website,
are not permitted.
This includes the unauthorized interception of the data stream coming from or going
into the Website, as
well as attempting to gain unauthorized access to the Website or exceeding the
authorised access for
your account category. In addition, all Users agree to comply with the provisions of
any and all such
laws, regulations or rules that may be enacted from time to time in India or such
other jurisdictions as
BCCPL chooses to operate in.
- You shall not engage in any illegal conduct in respect of your interaction with
other Users of the
Website you may come in contact with through the Website, whether such interaction
is online or offline.
- Your interaction with other Users of the Website that you may come in contact with
is at your sole and
absolute discretion. Further, any offline interaction in response to any
correspondence or dealings with
other Users, or any information available on the Website, is at your own risk. BCCPL
shall in no manner
be held responsible for the outcomes and consequences of any such interaction. BCCPL
is not responsible
for the conduct, whether online or offline, of any User of the Website, including
without limitation any
illegal acts (such as harassment in any form or discrimination of any sort) or
omissions committed by
any User of the Website.
- Without the prior written consent of BCCPL, you may not engage in advertising to,
or
solicitation of,
other Users through the Website to buy or sell any products or services. In general,
in order to protect
Users from such advertising or solicitation, BCCPL reserves the right, to be
exercised at its sole and
absolute discretion, delete any such User Content uploaded, posted or transmitted in
any way on the
Website.
- You understand that BCCPL has the right at all times to disclose any information
(including the identity
of the persons providing information or materials on the Website) 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, BCCPL can
(and you hereby
expressly authorize it to) disclose any information about you, upon request, to law
enforcement agencies
or other government officials, as necessary or appropriate in connection with the
investigation and/or
resolution of possible crimes, especially those that may involve personal injury.
- BCCPL reserves the right, but has no obligation, to monitor the materials posted
in
the public areas of
the Website, including but not limited to any public forums, feeds or journals.
BCCPL shall have the
right to remove or edit any Website Content and/or User Content, that in its sole
discretion violates,
or is alleged to violate, any applicable law or either the spirit or letter of these
Terms. Nonetheless,
you hereby acknowledge and agree that YOU REMAIN SOLELY RESPONSIBLE FOR THE USER
CONTENT OR OTHER
MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised
that Website Content and/or User Content posted in public areas of the Website do
not necessarily
reflect the views of BCCPL. In no event shall BCCPL assume or have any
responsibility or liability for
any Website Content and/or User Content posted or for any claims, damages or losses
resulting from use
of such Website Content/User Content and/or appearance of Website Content/User
Content on the Website.
You hereby represent and warrant that you have all necessary rights in and to all
User Content you
provide and all information it contains and that such User 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 Website, including payment and delivery of related services, and any
other terms,
conditions, warranties or representations associated with such dealings, are solely
between you and such
entities. BCCPL 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 Website.
- It is possible, that other persons (including unauthorized Users or
“hackers”) may post or
transmit offensive or obscene materials on the Website 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 their use of the Website, and that the recipient may use such information to
harass or injure
you. BCCPL does not approve of such unauthorized uses, but by using the Website, you
acknowledge and
agree that BCCPL is not responsible for the use of any personal information that you
publicly disclose
or share with others on the Website. You are advised to carefully select the type of
information that
you wish to publicly disclose or share with others on the Website.
- You acknowledge, agree and understand that in the event that you wish to
deactivate,
suspend or delete
your account from the Website, the information posted or submitted on the Website,
may be stored in the
BCCPL system for auditing and legal compliance purposes, or for the purpose of any
research, provided
that no sensitive personal information will be publicly disclosed except in
accordance with these Terms
and the terms of BCCPL’s Privacy Policy.
- In the event of breach or non-compliance by you of any of the aforesaid terms,
BCCPL
may, in its sole
and absolute discretion, restrict or terminate your ability to access the Website,
and determine whether
to take any other actions in addition to the removal or requesting the removal of
any infringing or
unacceptable User Content.
- Warranty and Liability Disclaimer
- BCCPL is constantly endeavoring to improve the quality of the services provided to
you. Due to this, the
form and nature of the Website, Assessment Tests or Services provided may change
from time to time
without any prior notice to you. BCCPL reserves the right to introduce and initiate
new features,
functionalities, components to the Website and/or change, alter, modify, suspend,
discontinue or remove
the existing ones without any prior notice to you. Further, BCCPL is entitled to
discontinue (either
permanently or temporarily) one or more of the Assessment Tests or Services provided
or terminate the
Website without any prior notice to you. BCCPL may also prescribe certain limits on
the use of the
Website, Services or Assessment Tests or storage of User Content at its sole
discretion without any
prior notice to you while at all times complying with BCCPL’s Privacy Policy.
In consideration for
BCCPL granting you access to and use of the Website, you agree that BCCPL and its
third party providers
and partners may place such advertising on the Website or in connection with the
display of Website
Content, whether submitted by them or others.
- The Website, all the materials and services, included on or otherwise made available
to you through this
Website is provided by BCCPL on an “as is” and “as
available” basis without any
representation or warranties, express or implied except otherwise specified in
writing. Without
prejudice to the foregoing paragraph, BCCPL does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or not
misleading.
- BCCPL, to the fullest extent permitted by law, disclaims all warranties, whether
express or implied,
including the warranty of merchantability, fitness for particular purpose and
non-infringement. BCCPL
makes no warranties about the accuracy, reliability, completeness, or timeliness of
the Website Content,
User Content, services, software, text, graphics and links.
- You recognise and acknowledge that BCCPL shall not be liable or responsible
(directly or indirectly) for
the acts or omissions of the Users of its Website.
- BCCPL does not warrant that this Website; information, Website Content, materials,
User Content or
Assessment Tests or any Services included on or otherwise made available to you
through this Website;
their servers; or electronic communication sent from by BCCPL are free of viruses or
other harmful
components. Nothing on this Website constitutes, or is meant to constitute, advice
of any kind.
- Any communication and provision or acceptance of any commitment, offer or agreement
between any User
(who has taken an Assessment Test) and any prospective employer is solely between
such User and
prospective employer, and BCCPL shall not be liable or responsible (directly or
indirectly) for any
loss, claim or damage arising out of any such communication or any breach or
non-fulfillment of any
commitment, offer or agreement between the User and prospective employer.
- Accuracy of Information
- The general information on this Website has been compiled by BCCPL or contributed by
other Users of the
Website, from various sources including from external sources. No representation is
made or warranty
given as to the completeness or accuracy of such information. The Website, Website
Content and User
Content, despite best efforts of BCCPL, may contain inaccuracies or typographical
errors. BCCPL makes no
representations about the accuracy, reliability, completeness, or timelines of the
Website, the Website
Content or User Content. The use of the Website, Website Content and User Content is
at your own risk.
BCCPL reserves the right to make changes to the Website Content, User Content and
information on this
Website, or to the services described therein, or to update such information at any
time without notice,
but BCCPL makes no commitment to correct or update this information.
- You acknowledge that this Website and certain advertisements hosted on the Website,
as well as the
Website Content and User Content, may contain links provided by third parties or
links to third party
websites. Any website, information or services accessed by or as a result of
following such third party
links is at your sole risk and is subject to the policies and regulations adopted by
the third party.
The content viewed through any third party links is not endorsed in any manner by
BCCPL. BCCPL shall not
be responsible for or liable in any manner whatsoever for the content provided by
such third party
links. Further, the accuracy of the content provided through third party links has
not been verified by
BCCPL and BCCPL provides no warranties with respect to such content. Any information
collected on
websites visited through such third party links is subject to the privacy policies
of such third party
websites and BCCPL shall not be responsible for any use of such information by third
parties.
- Indemnification
- You represent, warrant and covenant (a) that no User Content posted or transmitted
by you on the Website
will (i) violate, plagiarize, or infringe upon the rights of any third party,
including copyright,
trademark, privacy or other personal or proprietary rights; or (ii) contain libelous
or otherwise
unlawful material; and (b) You hereby agree to indemnify, defend and hold harmless
BCCPL and all of
BCCPL’s officers, directors, owners, agents, information providers,
affiliates, licensors and
licensees (collectively, the "Indemnified Parties") from and
against any and all
liability and costs, including, without limitation, reasonable attorneys' fees,
incurred by the
Indemnified Parties in connection with any claim arising out of any breach by you of
these Terms or the
foregoing representations, warranties and covenants, or the conduct of other Users
of the Website,
whether online or offline. BCCPL reserves the right, at its own expense, to assume
the exclusive defense
and control of any matter subject to indemnification by you. You shall cooperate as
fully as reasonably
required in the defense of any such claim.
- Termination
- BCCPL retains the right to deny access to the Website, Assessment Tests or the
Services to anyone who it
believes has violated or is reasonably likely to violate any of these Terms of Use
or does not accept
these Terms of Use. In the event that you choose to terminate and delete your User
account with BCCPL,
or if your account has been terminated for any other reason, such as a violation of
these Terms of Use,
you acknowledge and understand that BCCPL reserves the right to, at its sole
discretion, either continue
to display, or delete, any User Content that you may have posted or uploaded to the
Website, and BCCPL
has no obligation to maintain, store, delete or transfer to you, any such User
Content that you may have
posted or uploaded to the Website.
- Force Majeure
- BCCPL shall not be liable for any delay or failure to perform resulting from causes
outside its reasonable control, including but not limited to any failure to perform
due to unforeseen circumstances or cause beyond BCCPL’s control such as acts of
God, war, terrorism, riots, pandemics, epidemics, embargoes, acts of civil or military
authorities, fire, floods, accidents, network infrastructure failures, strikes, or
shortages. It is clarified that an operational or technical issue at your end will not
qualify as a force majeure event for the purposes of this clause.
- Infringement Notification
-
If you believe in good faith that any Website Content or User Content or material
posted or otherwise
made accessible on this Website, violates these terms of use, or is
prohibited or restricted by
applicable laws, rules and regulations, please compile the following information and
email it to the
designated Grievance Officer of the BCCPL who may be contacted by email to: grievance@sporjo.com and
which email shall contain the following information:
- A clear identification of the allegedly prohibited/unlawful material on the
Website
(with specific URL
reference);
- Your contact details: name, address, e-mail address and phone number;
- In case of an alleged violation of proprietary rights (including copyright,
trade-mark or privacy
rights): a statement that you believe, in good faith, that the use of the
proprietary material allegedly
infringed on the website is not authorized by you or your agent or the law;
- A statement that you believe, in good faith, that such material is
prohibited/unlawful/abusive;
- A statement that the information provided in the notice is accurate, and under
penalty of perjury and
that the signatory is authorized to act on your behalf.
- The email notification provided by you hereunder shall be executed by your
electronic signature or the
electronic signature of the person directly affected by the violation of these Terms
by the Website
Content / User Content.
-
In such an event, BCCPL may contact you for any further information and reserves the
right to determine,
at its sole discretion, whether such Website Content / User Content violates these
terms of use
or is otherwise abusive/prohibited/unlawful, and may take such action it deems
appropriate. If you
resort to any mala fide use of the notification process set out above, the
BCCPL reserves the
right to restrict your access to the Website.
- In the event that you wish the BCCPL to disable access to any Website Content / User
Content or to
remove/take-down any such content from the Website, in addition to the email
notification set out above,
you shall provide and attach a court order from a competent court or other lawful
order directing the
removal or disabling of access to such Website Content / User Content to the email
notification provided
hereunder and provide BCCPL with the original execution copy of such order.
- Abuse Notification
-
If you believe in good faith that any Website Content or User Content posted or
otherwise made
accessible on the Website, or any online or offline conduct of any User violates
these Terms, or is
prohibited or restricted by applicable laws, rules and regulations, or is abusive or
threatens and harms
other Users of the Website, you may notify us at admin@sporjo.com. In such an event,
BCCPL may contact
you for any further information and reserves the right to determine, at its sole
discretion, whether
such Website Content, User Content, or User conduct violates these Terms or is
otherwise abusive, and
may take such action it deems appropriate. If you resort to any mala fide
use of such
notification, BCCPL reserves the right to restrict your access to the Website.
- Applicable Law
- This Website, including the Website Content and User Content and information
contained herein, shall be
governed by the laws of the Republic of India and the courts of Mumbai, India shall
retain exclusive
jurisdiction to entertain any proceedings in relation to any disputes arising out of
the same. As such,
the laws of India shall govern the disclaimer, any legal notices that may be issued,
and any disputes
that may arise between BCCPL and one or more Users.
-
BCCPL makes no claims that information on the Website is appropriate or may be used
outside of India.
User Content and any personal or sensitive personal information
(“Information”) that is submitted to the Website will
be collected,
processed, stored, disclosed and disposed of in accordance with applicable Indian
law and BCCPL’s
Privacy
Policy.
- Information Gathered and Tracked
-
Information submitted for the purpose of registering on the Website is stored in a
secure database.
Specifically, we store your username, e-mail address, password, address, phone
number, Aadhar Card
details, experience, qualifications as well as any professional, academic or
personal references and
recommendations, location, address and contact numbers. Any other information
submitted by you in
relation to your use of the Website, will be governed by the BCCPL Privacy
Policy. Personal information about Users will not be provided to any third
party without the User’s consent.
- Termination or Discontinuation of SPORPRREPTM
- The duration of the Module or Project may be reduced or discontinued by BCCPL or the BCCPL partner
company, at any time at their discretion, by providing seven (7) days written notification to the
User.
- BCCPL may immediately terminate your subscription to SPORPRREPTM in the event of any
breach of these Terms of Use or any other rules, regulations and applicable law. In such case you
shall not be eligible for any refund of the subscription fee paid by you for SPORPRREPTM.
- On the termination or discontinuation of the Project, you shall be required to return, in good
order, all documents, memoranda, confidential information, media, equipment and any other BCCPL or
BCCPL partner company property disclosed to or in your possession or control.
- If you desire to discontinue a Module or Project after commencement, then subject to Clause 2.1 of
the Terms of Use, you shall not be eligible for any refund of the subscription fee paid by you for
SPORPRREPTM.