In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
a. MS Sponsorchampz Private Limited (hereinafter referred to as ‘Company’) owns and operates sponsorchampz.in (hereinafter referred to as ‘Website’), and is a private limited company incorporated under the Indian Companies Act, having its registered office at– House No 1179, Sector-11, Panchkula, Haryana-134112, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
c. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
f. If you do not agree with any of these terms, please discontinue using the Website.
g. We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2. SERVICES OVERVIEW
The Website is an online platform for individual athletes/sport teams/sporting events (Hereinafter ‘Right Holders’) and corporate houses that are looking to work with such Right Holders. The Website platform intends to connect such Right Holders with these corporate houses that wish to enter into a sponsorship agreement with the Right Holders (Hereinafter ‘Services’).
Right Holders shall create an advertising package with an aim to receive sponsorship from a corporate house. This will be placed by the Company on the Website for various corporate houses to view and choose from.
A Corporate house shall create a profile, which shall include their preferred search listings on the Website. They may choose an advertising package as per their choice.
Also, Corporate houses can create their Campaigns for which they are looking for Right Holders to be a part of for marketing purposes. Right holders can approach the Corporate houses to be a part of this Campaign and Corporate House can decided upon their preference whom to work with.
A corporate house shall raise queries regarding the sponsorship deals only through Us. No Party shall bypass our system for the deal without prior consent from Us. In the event a party breaches such clause their account will be blacklisted.
The Company shall inform the Rights holder of an interested Corporate House that wishes to sponsor them. The Rights holder would have to sign the contract on receiving of proposal from the Corporate House. On finding the right corporate house, and if the Rights Holder decide to go ahead with the sponsorship, the contract shall be created directly between the Rights Holder and the corporate house according to the terms, rights and benefits approved by both the Rights Holder and the corporate house.
The Company shall have no responsibility with respect to the future sponsorship contract.
The platform has a provision through which interested Right Holders and corporate houses willing to sponsor the Right Holders can register and become members of the Website. Given below are the details which need to be furnished for registration as a member under the above-mentioned categories.
Right Holder Registration:
2. Mobile Number
4. Email Address
5. Date of Birth
6. Username and Password
7. Information processed as they navigate through the Website
8. Photos/ Videos and other data uploaded on the Website
9. Transactional information for future references
10. Search activity on Website
2. Mobile Number
3. Company Name
4. Registered Address
5. Account details
6. Photo ID & Address Proof
7. Email ID
8. Transactional information
9. Search Activity
10. Communication with the Right Holder
Membership of this website is available only to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents, as described in the Indian Contract Act, 1872. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Website reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or our online platform has reason to believe You have done so, We hold the right to permanently suspend Your account.
You may also be contacted by Our professionals, with whom We have entered a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
Downloading and installing this website is free of cost, however use of certain features of the Website and the Services provided by the Company will be subject to a charge upon it. However, We reserve the right to amend this no-fee policy and charge Users for downloading and installing the Website or Mobile App. The Company also reserves the right to amend the Service fee without prior intimation. In the event of any change in policy for downloading and installing the Website or Mobile App, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
We shall charge a commission of 20% on the net sponsorship value brokered through our Website for right holders. Any additional services would be chargeable depending upon the request of the customer for which you can email Us at email@example.com or call Us at 9463955785, 8287827128.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website or the Services, including but not limited to downloading and installation of the Website.
7. USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
a. You hereby certify that you are at least 18 years of age.
b. You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
c. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation, any usage rules set forth in this Agreement.
d. You undertake not to:
i. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
ii. Access (or attempt to access) the Website and or Services by any means other than through the interface that is provided by the Website. The use of deep-link, 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 Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
iii. use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s Services; (ii) any other party's use and enjoyment of Company’s Services; or (iii) the services and products of any Third.
iv. use the Services or Website for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft
v. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
vii. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's mobile phone;
viii. download any file posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
ix. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
x. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Websites or any affiliated or linked Websites;
xii. violate any applicable laws or regulations for the time being in force within or outside India;
xiii. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiv. threaten 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.
xv. disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside India.
Subscription Payment: Subscription payments are paid by Corporates to access Sponsorchampz services. Payment plans are listed on the Pricing page and are non-refundable within the contract term defined through the payment page. All Subscriptions are automatically renewed until canceled.
a. In order for the corporate house to facilitate its’ sponsorship for the Right Holders, the Corporate house is required to deposit the entire sponsorship money with Us and all payments required be made to the Right Holders shall be paid by Us to the Right holders either through instalments or one transaction according to what was agreed to between the Corporate house and Right Holder.
b. Once the payment is received from the company, confirmation and invoice would be generated. If the deals falls through payment would be refunded as per the Refund Policy.
c. The Company offers an online payment gateway facility that will facilitate the corporate house to make their sponsorship using net banking for which there shall be a charge of 2.0% of the transaction amount, credit card account for which there shall be a charge of 2.0% of the transaction amount, debit card account for which there shall be a charge of 2.0% of the transaction amount or any other mode acceptable and made available to the Users from time to time, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the Website of the payment gateway service provider’s.
d. Your credit card details shall be transferred directly to our payment service provider for immediate authorisation and are not recorded or stored in our database. Once we have received authorisation from the payment service provider, we shall confirm your service order.
e. Use of the payment facility shall not render Company liable or responsible for either the non–delivery of service, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after service warranty or fraud as regards the services listed on Company Website.
g. You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Company Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price
h. Company reserves the right to impose limits on the number of transactions or transaction price which the Company may receive from an individual Valid Credit/Debit/Cash Card / Valid Bank Account/and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorised by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process transactions exceeding such limit.
i. Company reserves the right to refuse to process transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
j. Company may do such checks as it deems fit before approving the receipt of/user's commitment to pay transaction price from the User for security or other reasons at the discretion of Company. As a result of such check if Company is not satisfied with the creditability of the User or genuineness of the transaction / transaction price, it will have the right to reject the receipt of / Users commitment to pay transaction price.
k. Company may delay notifying the payment confirmation, if Company deems suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Company may hold the service and may not provide service at the request of law enforcement officials or in the event the user is engaged in any form of illegal activity.
l. The User acknowledges that Company will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of Company.
From time to time, the Website may automatically check the version of the Website installed on the Authorised Device and, if applicable, provide updates for the Website (Hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Website. By installing the Website, You authorise the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Website and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
10. ACTIONS UNDERTAKEN BY THE WEBSITE ON YOUR DEVICE:
Upon download and installation of the Website, You grant the following permissions to the Websites to perform the following actions on the device You have installed the Website in.
a. To read from, write on, modify and delete data pertaining to the Website on the device’s hard disk and/or external storage;
b. To access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
c. To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
d. To determine Your exact location from sources such as, but not limited to GPS.
e. To access the model number, IMEI number and details about the operating system of the device the Website has been installed on, as well as the phone number of the device.
f. To retrieve information about other Website running on the device the Website has been installed on and open them.
g. To detect when the phone had been switched off and switched on for sending notification/push notifications.
h. To access and change the display and sound settings of the device the Website has been installed in.
11. INTELLECTUAL PROPERTY
a. All information, content, services and software displayed on, transmitted through, or used regarding the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for your personal, non-commercial use.
b. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
12. INTELLECTUAL PROPERTY COMPLAINTS
a. We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us / email us at firstname.lastname@example.org or call Us at 9463955785, 8287827128.
b. Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration and communication, You represent and warrant:
i. You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
ii. all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
iii. the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Website that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorise us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website and other affiliated Websites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
13. GEOGRAPHICAL EXTENT
a. The Website can be used in India. We make no representation that materials or Content available through our Website is appropriate or available for use outside India.
b. If You access or use the Website from a country or location apart from those specified above, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
a. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
b. The Website has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
c. Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same.
d. You and We both understand that there may be instances of difficulty in accessing or receiving email communication or SMS. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id/Mobile number or SMS does not get delivered due to operator issue or if for any other reason You do not receive the email or SMS notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
15. THIRD PARTY LINKS
16. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE AND SERVICES PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT:
a. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
b. MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
c. ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
d. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
e. WE SHALL NOT BE LIABLE FOR ANY RIGHT HOLDER ACHIEVEMENTS/SERVICES. THE ADVERTISEMENTS AVAILABLE ON THE WEBSITE WITH RESPECT TO THE RIGHT HOLDERS ACHIEVEMENTS/SERVICES ARE FOR INFORMATION PURPOSE ONLY. WE ONLY AIM TO BRING TOGETHER USERS FOR THE PURPOSES OF OUR SERVICES AND WE MAKE NO WARRANTY FOR PAST OR FUTURE ACHIEVEMENTS OF THE RIGHT HOLDERS. WE SHALL NOT BE LIABLE FOR ANY FUTURE CONTRACTS ENTERED INTO BETWEEN THE CORPORATE HOUSE AND THE RIGHT HOLDERS IN THE FUTURE.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by You in connection with any claim arising from or related to:
a. Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content.
c. Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF COMPANY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO COMPANY BY YOU HEREUNDER OR RS 10,000, WHICHEVER IS LOWER.
19. CANCELATION OF SUBSCRIPTION
A Corporate may cancel at any time as long as the minimum contract term is complete and there are no open deals in the account, i.e. deals where a proposal is accepted by the athlete, event, team and the deal has not yet been completed. Open deals must be canceled within the platform or completed prior to Sponsorchampz processing the cancelation request and stopping monthly payments. Cancelation requests must be made via email to email@example.com or to the Sponsorchampz account manager. In instances where the Credit Card on file fails, we will contact the Corporate email on file for an alternate payment method. In case we do not hear back we will follow up with the finance team.
20. DISPUTES ARISING OUT OF THIS AGREEMENT
Any disputes arising out of it shall be first resolved by arbitration, as per the Arbitration and Conciliation Act 1996. The seat of the arbitral proceedings shall be Haryana, and the venue of the same shall be Haryana. The matter shall be referred to a sole arbitrator as selected by the Company. The arbitral award shall be final and binding on both parties.
21. GOVERNING LAW AND JURISDICTION
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
You also agree that any claims shall be litigated in the courts of Haryana and agree to personal jurisdiction in those courts.
23. MISCELLANEOUS PROVISIONS:
b. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
c. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
d. Force Majeure: The Company shall not be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, floods, heavy rain, fire, electrical shocks, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal and/or unauthorised acts.
24. CONTACT US
If you have any questions about this Agreement, the practices of the Company, or your experience with the Service, you can e-mail us at firstname.lastname@example.org