Welcome to Personal Sported!
These Terms of Use ("Terms") govern your use of the Personal Sported application provided by PlayConnect Solutions Private Limited ("PlayConnect," "us," "we," or "our"). By creating a Personal Sported account or using the Personal Sported app, you agree to these Terms. Please read them carefully.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.personalsported.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”) The Platform is owned by PlayConnect Solutions Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at Ground Floor Office B-141, Sethi Colony, Jaipur, Rajasthan (hereinafter referred to as "Personal Sported").
Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with PlayConnect Solutions Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Personal Sported. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Personal Sported allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean PlayConnect Solutions Private Limited. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Personal Sported Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.
The Personal Sported Service encompasses all features, applications, services, technologies, and software provided by Personal Sported to enhance your sports experience and connect you with like-minded individuals.
Our Service includes:
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian. As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Personal Sported reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Personal Sported's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification. You agree that Personal Sported shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform. If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from. You must maintain confidentiality of the account information and for all the activities that occur under Your account. You must not share your login details, ie, username and password of Your account with any other person, else it would be considered breach of this Terms of Use. You agree to: (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify Personal Sported of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or we may suspend Your account without any liability to Personal Sported, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision. You will have access to other apps owned by Personal Sported group companies through the same login username and password. You agree to have single login access to all the apps owned by Personal Sported group companies.
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Henceforward:
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Personal Sported does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Personal Sported.
2. Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
3. Personal Sported does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Personal Sported does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Personal Sported accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. Personal Sported is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Personal Sported cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Personal Sported shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
5. Personal Sported does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
6. Personal Sported does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
7. At no time shall Personal Sported hold any right, title or interest over the products nor shall Personal Sported have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Personal Sported is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8. The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Personal Sported is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall Personal Sported hold any right, title or interest over the products nor shall Personal Sported have any obligations or liabilities in respect of such contract.
Personal Sported is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Select products offered by sellers may be eligible for business purchases on the Platform.
1. Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You ("Tax Invoice") shall be issued to You by the Seller(s) selling such products.
Personal Sported is free to use and supported by ads from businesses and organizations. We use your personal data, such as activity and interests, to show you relevant ads. Additionally, a platform fee of up to INR 15 may apply to any purchase made within the app.
Your use of our Service requires the collection and use of your information. Please review our Privacy Policy, which explains how we collect, use, and share information across PlayConnect Solutions Private Limited Products.
In return for our commitment to provide the Service, you agree to the following:
By using Personal Sported, you grant us permissions to use your content and certain information to provide the Service. We retain rights to our intellectual property and trademarks.
We reserve the right to remove content or disable your account if it violates our Terms or policies. We may also terminate or change the Service under certain circumstances.
Our Service is provided "as is," and we disclaim all warranties, whether express or implied. We are not responsible for the actions or content of users or third-party services accessed through our platform. Our liability is limited to the extent permitted by law.
Any disputes arising from these Terms shall be resolved exclusively in the courts of Jaipur, Rajasthan, India.
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Account means a unique account created for You to access our Service or parts of our Service.
Application means the software program provided by the Company downloaded by You on any electronic device, named Personal Sported
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Rajasthan, India
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to PlayConnect Solutions Private Limited, Ground Floor B-141, Sethi Colony, Jaipur.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. The Terms and Conditions agreement refer to Privacy Policy.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Personal Sported, accessible from www.personalsported.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Charges Personal Sported may charge a nominal fee for browsing and buying on the Platform. Personal Sported reserves the right to change its Fee Policy from time to time. In particular, Personal Sported may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, Personal Sported reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to PlayConnect Solutions Private Limited.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) 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;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) 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];
(i) 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;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) 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 "virtual" products related to the Platform. Throughout this Terms of Use, Personal Sported's prior written consent means a communication coming from Personal Sported's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
(r) refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) 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;
(y) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt 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.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
1. 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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the 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 Platform.
4. 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 terms Personal Sported, PersonalSported, personalsported.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Personal Sported or sellers on platform or otherwise tarnish or dilute any Personal Sported's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name 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 Platform or Personal Sported's systems or networks, or any systems or networks connected to Personal Sported.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
6. 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 Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. You may not use the Platform or any content 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 which infringes the rights of Personal Sported and / or others.
8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or 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.
9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, 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 the Terms of Use and Privacy Policy applicable to use of the Platform.
10. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
11. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such 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 deems 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 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.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 7 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
You shall indemnify and hold harmless Personal Sported, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Personal Sported make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Personal Sported is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
This site is controlled and operated by Personal Sported and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
You can purchase e-books through Personal Sported. You can obtain unlimited access to the e-books.
Rights Granted: E-book right is a non-exclusive, non-transferable right to use for your personal, non-commercial use, subject to and in accordance with the Terms of Use. You must not share access to the e-books with any other person.
Personal Sported does not assume any loss or damage caused by Your electronic gadget with which You are viewing the e-book or if the electronic gadget does not support the e-book application.
You must not decompile, reverse engineer or disassemble the contents of the application or modify, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from the application.
Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the e-book is available with the Seller and it is Seller’s exclusive property. Seller represents and warrants that Sellers are authorized by such third parties to sell the e-book on the Platform for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Personal Sported as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Personal Sported’s control or control of its licensors, as the case may be.
Personal Sported respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Personal Sported at infringement@Personal Sported.com or ss@Personal Sported.com.
Personal Sported we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
IN NO EVENT SHALL PERSONAL SPORTED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform through the link: https://www.Personal Sported.com/helpcentre.
Personal Sported prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
Personal Sported will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions, including:
Personal Sported shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Personal Sported is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Personal Sported shall have the right to delete the customer review. Personal Sported shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.
The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.
If Personal Sported has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Personal Sported may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.
Personal Sported reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Personal Sported may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
For more details related to Replacement Policy, refer to s/help/cancellation-returns
Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the Personal Sported Platform. Following situations may arise:
Return could also result in refund of money in most of the cases.
Points to be noted:
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to raise the return request within the return period applicable to the respective product. Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:
In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.
In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:
|
CategoryCondition |
|
|
Electronics |
Should be included |
|
Clothing and Footwear |
Should be "New & Unworn" (other than for trial) |
|
Beauty, Health & Personal Care |
Should be "New & Unopened" |
|
Sports & Equipment |
Should be "New" and returned with original packaging |
|
Office Products |
Should be "New" and returned with original packaging |
|
Sports Equipment |
Should be "New" and returned with original packaging |
If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.
Shipping cost for returning the product shall be borne and incurred by the Seller.
Replacement
Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on the Toll Free Number provided on the Platform. Once the replacement request has been raised, the following steps shall be followed:
In case the Seller doesn't have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
If the Seller doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally, transactions are conducted smoothly on Personal Sported. However, there may be some cases where both the Buyers and Sellers may face issues. At Personal Sported, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement, the Buyer can contact us through this link https://www.Personal Sported.com/helpcentre, while the Seller can write to ss@Personal Sported.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Personal Sported will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.
Buyer Protection Program
In case of a dispute where the Seller is unable to provide a refund or a replacement, Personal Sported will actively work towards reaching a resolution.
The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.
The buyer can contact us through this link https://www.Personal Sported.com/helpcentre if the issue with the Seller is not resolved. Personal Sported's Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Platform. Only after verifying these facts, a dispute can be registered.
CS team will not facilitate a conference call, CS team acts as the bridge between customer and seller.
When a dispute has been raised, Personal Sported may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Personal Sported for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on Personal Sported are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from the date of delivery of the product
Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Personal Sported by contacting us through the link: https://www.Personal Sported.com/helpcentre
Fraudulent charges and claims are not covered under Buyer Protection Program
If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.
Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on Personal Sported. If the claim was withdrawn, it is not counted. The coverage amount will be limited to Rs. 50,000/-
Through the Buyer Protection program, Personal Sported does not provide any guarantee/warranty to Buyers for products sold on Personal Sported against technical/manufacturing defects.
Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Personal Sported shall verify the disputes so raised and may process only such claims that are valid and genuine.
Personal Sported shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
Personal Sported reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Personal Sported may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
Decisions made by Personal Sported under the Buyer Protection Program shall be final and binding on its Users.
Personal Sported reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
Through this program, Personal Sported shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
Personal Sported Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by Personal Sported" and failing to do so Seller will be liable for chargebacks (as applicable).
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Personal Sported. Personal Sported encourages its Users to be professional, courteous and respectful when communicating by email.
However, Personal Sported will investigate and can take action on certain types of unwanted emails that violate Personal Sported policies.
Such instances:
Threats of Bodily Harm - Personal Sported does not permit Users to send explicit threats of bodily harm.
Misuse of Personal Sported System - Personal Sported allows Users to facilitate transactions through the Personal Sported system, but will investigate any misuse of this service.
Spoof (Fake) email - Personal Sported will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.
Spam (Unsolicited Commercial email) - Personal Sported's spam policy applies only to unsolicited commercial messages sent by Personal Sported Users. Personal Sported Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Personal Sported - Personal Sported prohibits email offers to buy or sell listed products outside of the Personal Sported Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Personal Sported policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
Other Businesses
Personal Sported does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, Personal Sported assumes no responsibility for examining or evaluating the products and services offered by them. Personal Sported do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). Personal Sported does not endorse, in any way, any third party Platform(s) or content thereof.
Personal Sported Infringement Verification (FIV) - Reporting Listing Violations
Personal Sported has put in place Personal Sported Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Personal Sported's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
Personal Sported does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Personal Sported is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Personal Sported.
FIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. FIV participants have the ability to identify and request removal of allegedly infringing products and materials.
Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Personal Sported is encouraged to become a FIV member.
Program membership entitles you (Verified Rights Owner) to the following benefits:
How to Become a Member
To join the mumbership, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Personal Sported to easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at ss@Personal Sported.com.
Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.
We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.
Notice of Infringement
PlayConnect Solutions Private Limited
_______________________
_______________________
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
Name ___________________________________________________________
Title & Company ________________________________________________________
Address _________________________________________________________
Email (correspondence) ___________________________________________________
Telephone/Fax _____________________________________________________________
Date _________________________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Personal Sported will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason code.
Trademark-infringement
Trademark-listing description infringement
Copyright-item infringement
Copyright-listing content infringement
Reason Code: _____________________________________________________________
Work(s)
infringed: _________________________________________________________
Item Number(s): ___________________________________________________________
Note:
All such Notices of Infringement shall be sent to personalsported@gmail.com.
Contacting the Seller
At Personal Sported we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at +91-759-731-8172 or access help center at https://www.PersonalSported.com/helpcentre.
If you have any questions about these Terms and Conditions, You can contact us:
By email: personalsported@gmail.com
By visiting this page on our website: www.personalsported.com