JSW Bengaluru Football Club Private Limited (“Bengaluru FC”), a company incorporated under the Indian Companies Act, 1956, owns and maintains the website located at www.bengalurufc.com, and all other URLs forming part thereof (“Website”). The terms and conditions for use of the Website is a legal document between Bengaluru FC and you, the user of the Website, and describes the terms on which access to the Website and services are offered.
Any service rendered to you through the Website by Bengaluru FC including but not limited to information about the products, pictures of the products, terms and conditions, transactions that may be implemented through the Website, purchase of products/tickets, delivery of the products/tickets and all other services in relation thereto (“Services”) shall be subject to and you are deemed to have accepted these terms and conditions (“Terms of Service”).
Bengaluru FC may modify the Terms of Service at any time at its sole discretion without any notification to you. It is your responsibility to review the Terms of Service from time to time. You will be deemed to have accepted the Terms of Service as amended, if you continue to access the Website after the modifications are posted on the Website. In addition to the Terms of Service, and other Website Policies, Bengaluru FC may subject your use of the Website to additional terms of service which may be provided on the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS INCLUDING BUT NOT LIMITED TO THE TERMS OF SERVICE, AS MODIFIED FROM TIME TO TIME. IF YOU ARE NOT AGREEABLE TO ANY OF THE TERMS AND CONDITIONS INCLUDING BUT NOT LIMITED TO THE TERMS OF SERVICE, PLEASE DO NOT USE OR VIEW THE WEBSITE.
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including persons below the age of eighteen (18) years are not eligible to use the Website.
1. Account Information:
If you wish to avail of the Services that require maintenance of an account on Bengaluru FC store, such as, shopping for products/tickets, maintaining a wish list for products, etc. or if you wish to sign up as a Digital Member (defined below) of Bengaluru FC, you will be required to register by creating an account (“Your Account”) by furnishing certain information and details, including your name, e-mail id, and any other information deemed necessary and sought by the Website (“Your Information”). You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. Registration is done voluntarily or automatically. Voluntary registration is when you as register yourself by submitting Your Information as sought in the registration page. Automatic registration is when you provide Your Information when sought by us at the time of purchasing any product/ticket from the Website, such as your email address, the address for delivery of the product(s)/ticket(s), etc.
All the invoices are finalized in the name of the registered buyer, i.e. the name provided in Your Account. Payments must be strictly made by the buyer only. In case of failure, cross examination and genuine reason would be investigated and Bengaluru FC will have all the rights to reject payment from a non-registered individual.
2. Account Dos and Don’ts:
You agree to abide by the following dos and don’ts for registering and maintaining the security of Your Account:
3. Content Use and Ownership of IP:
Subject to compliance with the Terms of Service and all other applicable terms and guidelines, Bengaluru FC grants you a non-exclusive, limited privilege to access and use this Website and its Services, to upload User Content on the Website and to access Bengaluru FC Content provided thereon, only for personal and non-commercial uses, as permitted by these Terms of Service and other policies of Bengaluru FC, as amended from time to time.
The term “User Content” includes all content, including all communication and comments made by users (including you) and any other information or material uploaded by users (including you) on the Website. “Bengaluru FC Content” means all content uploaded on the Website directly by Bengaluru FC, including product details. “Content” means all content of the Website and includes Bengaluru FC Content and User Consent.
Bengaluru FC requires users to understand the manner in which intellectual property rights vest with respect to User Content and expects users to abide by certain principles laid down in these Terms of Service, while uploading User Content on the Website.
Rights in User Content
? All User Content uploaded on the Website is made available to you by Bengaluru FC on an ‘AS IS’ basis. Bengaluru FC does not own any rights in any User Content. Accordingly, you retain your rights on the User Content uploaded by you on the Website. Bengaluru FC expressly disclaims any and all liability in connection with User Content, including all comments provided by users. You shall be solely responsible for the User Content posted or transmitted by you on the Website.
? You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content accessible to you on the Website. You agree that Bengaluru FC shall have no liability for, and you agree to defend, indemnify and hold Bengaluru FC harmless against any claims, losses or damages arising out of, or in connection with, your use of any Content.
? You represent and warrant that while uploading User Content on the Website, you shall abide by, and such User Content shall be in conformity with applicable law, including but not limited to the requirements of India’s Copyright Act, 1957, Information Technology Act, 2000, and all other applicable legislation. You also represent and warrant that the User Content uploaded by you does not infringe the copyright or other intellectual property rights of third parties. Furthermore, tou acknowledge and agree that you will not post or transmit to the Website, any User Content that is invasive of any individual’s rights including but not limited to rights of celebrity and privacy.
4. Rights in Bengaluru FC Content uploaded by Bengaluru FC:
Unless otherwise notified by Bengaluru FC in writing, you acknowledge and agree that all Bengaluru FC Content, including all text, graphics, trademarks, logos, stimuli, and other materials made available on the Website constitutes material proprietary to Bengaluru FC and/or its licensors, and is protected by applicable intellectual property laws, and shall not be used by you, except as expressly permitted by Bengaluru FC in writing.
You further agree and acknowledge that you do not acquire ownership rights, interest or license in the Bengaluru FC Content except as expressly provided for herein. You shall view the Bengaluru FC Content only by way of streaming or any other functionality provided by the Website. You may view Bengaluru FC Content for your personal, non-commercial use only, and strictly in the manner permitted under the Terms of Service.
You agree not to use or encourage, or permit others to use, the Website to:
Any violation by you of this Section may result in immediate suspension or termination of Your Account without any refund of fees, if collected. In addition to the above, if you download, save or transmit by any means, any Content available on the Website as provided above, it may entail civil or criminal penalties or both.
Your use of the Website may expose you to materials from others that may affect your sensibilities. Bengaluru FC provides you with a report abuse mechanism, which will enable you to report any such material to Bengaluru FC. Should you wish to report any abuse that has occurred through the Website, please send an email to firstname.lastname@example.org with the subject in such email as “Reporting Abuse”. However, it is not mandatory for Bengaluru FC to take down all such material. If Bengaluru FC does not take down such material, you agree that your only recourse will be to terminate Your Account with Bengaluru FC and cease to use and/or view the Website. You hereby waive any legal or equitable rights or remedies you have or may have against Bengaluru FC with respect thereto.
You agree that you, and not Bengaluru FC, are entirely responsible for all of the User Content that you distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services or Website. You assume all risks associated with use of the User Content uploaded by you, including any reliance on its accuracy, originality, completeness or usefulness.
You agree that Bengaluru FC has the right to impose limits on certain features of the Website or restrict your access to parts or all of the Services without notice or liability. Bengaluru FC makes no commitment, express or implied, to maintain or continue any aspect of the Website including but not limited to Your Account.
6. Purchases using the Website:
Bengaluru FC provides an online retail service and you may select the products (including, but not limited to, Club merchandise and match tickets) (“Products”) you wish to purchase on the Website by placing an order through the provided channel.
Bengaluru FC cannot guarantee that the Products and selections appearing on the Website will be available, either through the Website or at retail locations all the time. All Product descriptions and specifications are subject to change at any time without notice. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the Products offered on the Website. The Content of this Website and Products, selections and prices (if any) displayed on the Website do not constitute offers to sell and only constitute Bengaluru FC’s invitations to offer. As a result, Bengaluru FC takes no responsibility for loss caused to any person based on reliance on any information on the Website and retains the right to amend or retract any Content or invitations to offer on its own terms and in its sole discretion at any time and without notice.
With respect to the Products, the prices of the Products you order will be confirmed only after you have placed the order. All prices are in Indian rupees and inclusive of all taxes applicable under law. Prices, Products and services may change at Bengaluru FC’s discretion.
Placing an order on the Website, it constitutes an irrevocable acceptance of the purchase and the terms of delivery. Please refer to the Shipping FAQs and our Refund Policy for additional terms and conditions, which are hereby incorporated into these Terms of Service. Once an order is placed on Bengaluru FC, you are required to make full payment for the price of the Product(s) and other applicable charges referred to, within the timeframe provided unless you have opted for paying, for such Product(s) (if eligible), by “cash on delivery”, which must be done simultaneously with delivery of such Product(s). In the event that Bengaluru FC does not receive payment for the Product(s) ordered, Bengaluru FC reserves the right to cancel the order without prior notice to you. Alternately, and without prejudice to the foregoing, Bengaluru FC may, at its absolute discretion, hold the Product(s) for you and charge any storage and insurance costs applicable on the purchase and/ or may seek to commence legal proceedings (acting as the agent of the seller) to ensure the execution of the contract of sale.
You agree, understand and confirm that the credit card / debit card / net banking details provided by you for availing of any of the Services on the Website shall be correct and accurate and you shall not use a credit card / debit card / net banking account which is not lawfully owned by you, i.e. in a credit card / debit card / net banking transaction, you must use your own credit card / debit card / net banking account. You further agree and undertake to provide the correct and valid credit card / debit card / net banking details. Further, the said information will not be utilised and shared with any third parties unless required for fraud verifications or by law, regulation or court order. Bengaluru FC shall not be liable for any credit card / debit card / net banking fraud. The liability for use of a credit card / debit card / net banking account fraudulently shall be on you and the onus to “prove otherwise” shall be exclusively on you.
You acknowledge and agree that for “cash on delivery” transactions, you will pay the LP’s representative the exact amount only with legal Indian Rupee currency.
Bengaluru FC reserves the right to recover the cost of Products, collection charges and lawyers’ fees from you if you are found using a credit card / debit card / net banking account / currency, the Service and/or the Website fraudulently. In such an event, Bengaluru FC reserves the right to initiate legal proceedings against you for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms of Service. You hereby indemnify Bengaluru FC against any costs, damages, claims or other demands in relation to violation of any of your obligations under these Terms of Service.
All Products are offered for sale by Bengaluru FC on the Website are subject to availability and subject to our acceptance of your order, based on your eligibility to transact on the Website, and registration with the Website. Your order for purchase constitutes your “offer” which shall be subject to the Terms of Service. Further, Bengaluru FC reserves the right to reject any order without the obligation to assign any reason for so doing. No order shall be deemed accepted by Bengaluru FC until we have confirmed it unconditionally through written notification to you on the email address registered by you with our Website (“Order Confirmation”).
The Order Confirmation will contain details of your order, the price and an estimate of the delivery time for the order. In the unlikely event of an error in the Order Confirmation, it is your responsibility to contact us and notify us of such error or mistake with the order as soon as reasonably practicable. Failure to do so may lead to the incorrect order being sent out to you.
The Product(s) will be delivered/ shipped to your address provided in Your Information within 15 days of placing the order, once all necessary documentation (relating to transportation, tax etc.), as may be reasonably requested for, are completed and payment has been realized in full, including any additional charges. Bengaluru FC shall deliver the Product(s) ordered only within the territory of India and shall not be liable for any claims relating to any Products that have been ordered to be delivered outside India. Bengaluru FC reserves the right to make delivery of your order by installments. If the order is to be delivered in installments, each delivery will constitute a separate contract. Please note that if you do not receive the delivery on the first attempt, the courier service will attempt re-delivery 2 further times, after which the delivery will be returned to us at your cost. If delivery is refused or returned due to an incorrect address provided by you, you may be charged a return fee.
7. Suspension/ Termination of Account:
If you wish to terminate Your Account, you may send an e-mail to Bengaluru FC at email@example.com requesting the same. Similarly, Bengaluru FC may, in its discretion, suspend or terminate Your Account for various reasons including, if: You violate any of the account dos or don’ts listed above; You breach any of the provisions of the Terms of Service or other Website policies; There is prolonged inactivity in Your Account; You upload Content that infringes other people’s intellectual property rights; or Your subscription payment, if applicable, is overdue by more than 15 days. Upon termination of Your Account, all rights granted by Bengaluru FC to you to use the Website or the Services will automatically terminate and Bengaluru FC shall have no further obligation or liability towards you.
You agree to abide by all provisions prescribed in these Terms of Service. In particular, you warrant that all information that you submit will be true and accurate (including those without limitations on your credit card and expiration date), and you agree to pay all costs, charges and all applicable taxes for the purchase made by you. Please refer to the Disclaimer and the other terms of our policies which together with these Terms of Service govern your use of the Website and/or the Services.
You represent, warrant and covenant: (a) that you will fulfil your obligations hereunder these Terms of Service in good faith; (b) that no materials of any kind provided by you 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 libellous or otherwise unlawful material; and (c) that you hereby indemnify, defend and hold harmless Bengaluru FC and all of Bengaluru FC’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 of Service, other terms and conditions provided on the Website, or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Bengaluru FC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
9. Copyright Infringement:
In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Website, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to Bengaluru FC.
? A clear identification of the copyrighted work allegedly infringed.
? A clear identification of the allegedly infringing material on the Website (with specific URL reference).
? Your contact details: name, address, e-mail address and phone number.
? A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Website is not authorized by your agent or the law.
? A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
? Your signature or a signature of your authorized agent.
The information presented on this Website has been compiled by Bengaluru FC in good faith. Bengaluru FC makes no representation that the information and other material on this Website shall be correct and complete, and we do not accept liability for any errors in or omission from the Website.
Bengaluru FC and/ or its respective suppliers / partners make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, services and related graphics contained on the Website for any purpose. All such information, products, services and related graphics are provided “AS IS” without warranty of any kind. We are not in any manner responsible for any acts of the user done by relying on the material contained in the sites.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
This Website may contain Content provided by third parties including other users. Such Content is solely that of the authors/contributors/posters and not endorsed in any manner by Bengaluru FC. Bengaluru FC 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 Content has not been verified by Bengaluru FC 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.
Similarly, we are required to rely upon information available, and though we ensure regular online update of the Website, it is possible that certain information and/ or service may not be up-to-date at the time of reference. Using this information and/ or service automatically constitutes the user’s acknowledgement and acceptance to be bound by the terms thereof. Bengaluru FC and/ or its respective suppliers and partners hereby disclaim all warranties and conditions with regards to the information, products, services and related graphics, including all implied warranties and conditions of merchantability, suitability for a specific purpose, title and non-infringement. Bengaluru FC endeavours to display and describe as accurately as possible the sizes of and printed colours on the Products, but we cannot undertake to give any assurance that the sizes and colours supplied will exactly match those displayed on your monitor or mobile telephone.
Access to this Website is a confirmation that you have read, understood and accepted this disclaimer and the terms and conditions of this service. In no event shall Bengaluru FC and/ or its suppliers / partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damage whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the Website, with the delay or inability to use the website or related services, the provision of or failure to provide Services, or for any information, Products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort or negligence, strict liability or otherwise, even if Bengaluru FC or any of its suppliers / partners have been advised of the possibility of damages.
If you do not agree with our disclaimer above or with any of the terms and conditions provided on the Website and/ or if you are dissatisfied with any part of the Website and/ or its service, it is advisable that you discontinue using this Website.
Bengaluru FC reserves the right to change these Terms of Service, and notices under which the Website and its services are offered, including but not limited to the charges, if any, associated with the use of the Website and its services, You are solely responsible for regularly viewing these Terms of Service. Bengaluru FC constantly endeavours to improve the quality of services provided to you. Due to this, the form and nature of services provided may change from time to time without any prior notice to you. Bengaluru FC 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, Bengaluru is entitled to discontinue (either permanently or temporarily) one or more or all of the Services provided or terminate the Website without any prior notice to you.
11. Electronic Communications:
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from Bengaluru FC electronically. Bengaluru FC will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Bengaluru FC provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update your e-mail address and other contact details regularly. If Bengaluru FC is desirous of sending a communication by e-mail, it shall send it to your e-mail address available on its records and it shall be deemed to have been received by you once it is reflected as sent in the outbox of the Bengaluru FC’s relevant e-mail ID.
12. Governing Law and Jurisdiction:
These Terms of Service and the other terms and conditions available on the Website and/or applicable to the Services shall be construed in accordance with the applicable laws of India. The Courts at Bangalore, India shall have sole and exclusive jurisdiction in any proceedings arising out of these Terms of Service and the other terms and conditions.
Any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Service or the other terms and conditions mentioned above, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The number of arbitrators shall be three (3): one each nominated by you and Bengaluru FC and the third arbitrator chosen by the two (2) arbitrators so nominated. The above arbitration shall be conducted in English and the arbitration shall be held in Bangalore, India.
13. Personal Data: