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.
Your Information furnished by you during the registration
must be current and accurate. Any changes, if any, must be immediately
intimated to Bengaluru FC by sending an email to membership@bengalurufc.com.
For security reasons, Bengaluru FC has the right to clarify and verify Your
Information provided by you. Additionally, you shall have to check the box
confirming that you have read and agreed to the Terms of Service and Bengaluru
FC’s Privacy Policy available on the Website and you may have to signify your
consent to other service terms in case you wish to avail of specific services.
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:
- You will use the Website and create and use the account only
if you are not less than 18 years of age.
- You will not create more than one account for yourself.
- You will not provide any false personal information to
Bengaluru FC, or create an account for anyone other than yourself without
Bengaluru FC’s prior written permission.
- You shall ensure that the Your Information is complete,
accurate and up-to-date at all times.
- You shall not use any other user’s account information or
log into any other user’s account.
- You will not share your password or do anything that might
jeopardize the security of Your Account.
- You will not transfer Your Account to anyone.
- You shall not let anyone use Your Account.
- If you select a username for Your Account, Bengaluru FC
reserves the right to remove or reclaim it, if Bengaluru FC believes it to be
appropriate (such as when a trademark owner complains about a username that
does not closely relate to a user’s actual name, etc.).
- If Bengaluru FC disables Your Account for any reason
whatsoever, you will not create another one without Bengaluru FC’s prior
written permission.
- You will upload only such information and content as part of
the User Content that you want to share with the public.
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
- Uploading User Content to the Website amounts to publishing
the User Content. By uploading the User Content to the Website, you understand
that the Bengaluru FC representatives will be able to view the User Content
(except such sensitive data as passwords and financial information) and you
hereby grant to Bengaluru FC a non-exclusive, royalty free, sub-licensable
(through multiple layers) right and license (in perpetuity and on worldwide
basis) to use and display the User Content in accordance with these Terms of
Service and Bengaluru FC’s Privacy Policy) and to modify and create derivative
works there from without any restrictions whatsoever.
- 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.
- All User Content is subject to the Terms of Service. You
agree that you will not upload on the Website, any material that is contrary to
the Terms of Service, the Privacy Policy, or any other policy of Bengaluru FC,
as updated from time to time, or content that is contrary to applicable local,
national, and international laws and regulations.
- 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.
5. Safety
You agree not to use or encourage, or permit others to use, the Website to:
- Make available any content that is misleading, unlawful,
harmful, threatening, abusive, tortious, defamatory, harassing, libellous,
vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane,
invasive of another’s privacy, hateful, or racially, ethnically or otherwise
objectionable or promotes discrimination on the basis of race, ethnicity,
gender, religion, sexual orientation, age or disability;
- Intimidate and/or harass another;
- Incite others to commit violence;
- Harm minors in any way;
- Make available any content in contravention of these Terms
of Service or applicable policies, or any content that you do not have a right
to make available under any law or contractual or fiduciary relationship;
- Download, save or otherwise transmit, any of the Content
available on the Website, in any manner, whether by means of current or future
technologies;
- Make available any material that infringes any intellectual
property rights or other proprietary rights of any party including but not
limited to Bengaluru FC;
- Impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
- Do anything unlawful, misleading, malicious, or
discriminatory;
- Manipulate identifiers to disguise the origin of any of
Content posted on, or transmitted through, the Website including, falsifying or
deleting any author attributions, legal or other notices or labels of the
origin of the Content or other material available on the Website;
- Post anyone’s identification documents or sensitive personal
information on the Website;
- Use any of Bengaluru FC’s domain names as a pseudonymous
return email address;
- Post or transmit viruses, trojan horses, worms, spyware,
time bombs, cancelbots, or other computer programming routines that may harm
the Website / the Services, interests or rights of other users, use other
automated means such as harvesting bots, spiders, scrapers or robots, that may
harvest or collect any data or personal information about other users without
their consent, impair the functioning of the Website or engage in disruptive
attacks such as a denial of service attack;
- Do anything that threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign states, or
relates to terrorism, sedition or other tortious activities, public order or
causes incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting any other nation;
- Intentionally or unintentionally interfere with or violate
any applicable laws related to the access to, or use of, the Website, violate
any requirements, procedures, policies or regulations of networks connected to
the Website;
- Disrupt or interfere with the security of, or otherwise
cause harm to, the Website, materials, systems resources, or gain unauthorized
access to user accounts, passwords, servers or networks connected to or
accessible through the Website or any affiliated or websites linked to the
Website;
- Circumvent the digital rights management mechanisms used by
the Website to access, reproduce, store, etc., any Content, in an unauthorized
manner and access or attempt to access Content by unauthorized means or use
deep links, page scrape, or other automatic or manual devices or program to
increase traffic to the Website;
- Access the Website through means other than through the
interface that is provided by Bengaluru FC or make the Service available over a
network other than Bengaluru FC’s authorised network;
- Alter or modify any part of the Services;
- Violate any applicable laws or regulations for the time
being in force in or outside India including but not limited to the sale,
import, export, use, etc. of illegal substances or gambling or other unlawful
activities; or
- Violate any of the terms specified under the Terms of
Service or additional terms and conditions available on the Website, for the
use of the Website or the Services.
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 contact@bengalurufc.com 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.
All payments (other than cash on delivery) made for Products
offered for sale on the Website shall be through a third-party payment gateway,
accessible from the Website. In using the third-party payment gateway you shall
be subject to the terms of service and privacy policy of such service provider.
We advise you to read and make yourself aware of the same prior to interacting
with or executing any payment instruction through the third-party payment
gateway. Bengaluru FC, in no way takes responsibility or liability of
whatsoever nature in respect of any loss or damage arising directly or
indirectly to you out of your interactions with the payment gateway or your
inability to process a payment. Bengaluru FC is not liable for any actions
under this payment mechanism. In case of cash on delivery, you acknowledge and
agree that Bengaluru FC has appointed a third-party service provider (“LP”) to
collect the payment in relation to the Product(s) ordered, on its behalf, at
the time of delivery of such Product(s). Bengaluru FC, in no way takes
responsibility or liability of whatsoever nature in respect of any loss or
damage arising directly or indirectly to you out of your interactions with the
representatives of the LP or your inability to pay the LP’s representative.
Bengaluru FC is not liable for any actions under this payment mechanism.
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.
Your purchase of Products and delivery shall be governed by
these Terms of Use, Refund Policy and any additional terms that are notified to
you by Bengaluru FC. Please note that if you wrongfully fail to take delivery
of the order, Bengaluru FC shall be under no obligation to refund the payment
made by you.
7. Suspension/
Termination of Account:
If you wish to terminate Your Account, you may send an
e-mail to Bengaluru FC at shop@bengalurufc.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.
8. Indemnification
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.
10. Disclaimer
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
The privacy policy available on the Website and additional
provisions in these Terms of Service govern the use of your personal data.