Terms & Conditions
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  1. Acceptance of Terms of Use and other Policies
    1. All references to “you” or “your”, as applicable, means the person that accesses, uses, and/or participates in the Roar Platform in any manner(“Users”). If you use the Roar platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms of Use will be deemed an acceptance by the entity you represent and “you” and “your” herein shall refer to such entity.
    2. “We”, “us” and “our” herein shall refer to Roar and our associates/partners/successors/permitted assigns.
    3. Please read these terms and conditions thoroughly and carefully before you use the Roar Platform as they contain provisions that define your limits, legal rights and obligations with respect to your participation in the Roar platform and your use of the services offered by the Roar platform(such services, collectively called the “Services”).
    4. These Terms of Use and Privacy Policy constitutes a legally binding agreement between Roar and you.
  1. Introduction
    1. These terms and conditions govern your use of our website.
    2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
    3. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
    4. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

  2. Copyright notice
    1. Copyright © 2018 Roar Sports Management Pvt Ltd 2022.
    2. Subject to the express provisions of these terms and conditions:
      1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
      2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  3. Licence to use website
    1. You may:
      1. view pages from our website in a web browser;
      2. download pages from our website for caching in a web browser;
      3. print pages from our website;
      4. stream audio and video files from our website; and
      5. use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
    2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
    3. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
    4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
    5. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from our website (including republication on another website);
      2. sell, rent or sub-license material from our website;
      3. show any material from our website in public;
      4. exploit material from our website for a commercial purpose; or
      5. redistribute material from our website.
    6. Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
    7. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  4. Acceptable use
    1. You must not:
      1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
      2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
      5. access or otherwise interact with our website using any robot, spider or other automated means;
      6. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
    3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  5. Use on behalf of organisation
    1. If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
      1. yourself; and
      2. the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).

  6. Registration and accounts
    1. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
    2. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    3. You must not use any other person's account to access the website.

  7. User IDs and passwords
    1. If you register for an account with our website, you will be asked to choose a user ID and password.
    2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or user ID for or in connection with the impersonation of any person.
    3. You must keep your password confidential.
    4. You must notify us in writing immediately if you become aware of any disclosure of your password.
    5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  8. Cancellation and suspension of account
    1. We may:
      1. suspend your account;
      2. cancel your account; and/or
      3. edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
    2. You may cancel your account on our website using your account settings on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

  9. Subscriptions
    1. To become a subscriber to our website services, you must pay the applicable subscription fees after you have registered for an account with our website. We will send you an acknowledgement of your subscription, at which point the contract between us for the supply of the website services shall come into force.
    2. For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.
    3. We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our website, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.
    4. At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.

  10. Fees
    1. The fees in respect of our website services will be as set out on the website from time to time.
    2. All amounts stated in these terms and conditions or on our website are stated inclusive of GST.
    3. You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
    4. We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
    5. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
    6. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
      1. an amount equal to the amount of the charge-back;
      2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
      3. an administration fee of 1308.54 INR including GST; and
      4. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.
    7. If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
    8. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

  11. Your content: licence
    1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
    2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
    3. You grant to us the right to sub-license the rights licensed under Section 11.2.
    4. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    5. You may edit your content to the extent permitted using the editing functionality made available on our website.
    6. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  12. Your content: rules
    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      1. be libellous or maliciously false;
      2. be obscene or indecent;
      3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      4. infringe any right of confidence, right of privacy or right under data protection legislation;
      5. constitute negligent advice or contain any negligent statement;
      6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. be in contempt of any court, or in breach of any court order;
      8. be in breach of racial or religious hatred or discrimination legislation;
      9. be blasphemous;
      10. be in breach of official secrets legislation;
      11. be in breach of any contractual obligation owed to any person;
      12. depict violence;
      13. be pornographic, lewd, suggestive or sexually explicit;
      14. be untrue, false, inaccurate or misleading;
      15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      16. constitute spam;
      17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      18. cause annoyance, inconvenience or needless anxiety to any person.

  13. Report abuse
    1. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
    2. You can let us know by email.

  14. Limited warranties
    1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on our website;
      2. that the material on the website is up to date; or
      3. that the website or any service on the website will remain available.
    2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    3. To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  15. Limitations and exclusions of liability
    1. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
      1. are subject to Section 15.1; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
    3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
    9. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid to us over the previous 3 months under the contract.

  16. Indemnity
    1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
      1. any breach by you of any provision of these terms and conditions; or
      2. your use of our website.

  17. Breaches of these terms and conditions
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      1. send you one or more formal warnings;
      2. temporarily suspend your access to our website;
      3. permanently prohibit you from accessing our website;
      4. block computers using your IP address from accessing our website;
      5. contact any or all your internet service providers and request that they block your access to our website;
      6. commence legal action against you, whether for breach of contract or otherwise; and/or
      7. suspend or delete your account on our website.
    2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  18. Third party websites
    1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  19. Trade marks
    1. Our name, logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
    2. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  20. Variation
    1. We may revise these terms and conditions from time to time.
    2. The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

  21. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  22. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  23. Third party rights
    1. These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

  24. Entire agreement
    1. Subject to Section 15.1, these terms and conditions, together with [our privacy and cookies policy], constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

  25. Law and jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with Australian Law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of New South Wales.

  26. Statutory and regulatory disclosures
    1. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
    2. These terms and conditions are available in the English language only.

  27. Our details
    1. This website is owned and operated by Roar Sports Management Pvt Ltd.
    2. We are registered in India and our registered office is at EFC Center, JK Infotech 2 Behind KPIT unit 1101, Maharashtra 411057.
    3. Our principal place of business is at EFC Center, JK Infotech 2 Behind KPIT unit 1101, Maharashtra 411057.
    4. You can contact us by writing to the business address given above, by using our website contact form or by email to info@roarsports.in.

Acceptance of Terms of Use and other Policies

a.    All references to “you” or “your”, as applicable, means the person that accesses, uses, and/or participates in the Roar Platform in any manner(“Users”). If you use the Roar platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms of Use will be deemed an acceptance by the entity you represent and “you” and “your” herein shall refer to such entity.

b.    “We”, “us” and “our” herein shall refer to Roar and our associates/partners/successors/permitted assigns.

c.    Please read these terms and conditions thoroughly and carefully before you use the Roar Platform as they contain provisions that define your limits, legal rights and obligations with respect to your participation in the Roar platform and your use of the services offered by the Roar platform(such services, collectively called the “Services”).

d.    These Terms of Use and Privacy Policy constitutes a legally binding agreement between Roar and you.

1. Introduction

a. These terms and conditions govern your use of our website https://www.roarsports.in/ (the “Website”) and our Roar Sports application for mobile and handheld devices (the “App”) and any assignees and permitted licenses thereof. The website and the App jointly referred to as the “Roar Platform”.

b. The Roar platform is currently owned and operated by Roar Sports Management Private Limited(“Roar”), a company incorporated under the Companies Act, 2013 and having its registered office at Unit 1216, 12TH Floor, Gera’s Imperium Rise, Hinjewadi, Wipro Circle, Pune City Maharashtra-411057, India.

c. By installing, downloading or even merely using our platform, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our platform.

d. If you register with our website/app, submit any material to our platform or use any of our platform services, we will ask you to expressly agree to these terms and conditions.

e. Our platform uses cookies; by using our platform or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and other policies.

2. Intellectual Property and Copyright Notice

a. Copyright © 2021-2023 Roar Sports Management Private Limited.

b. Subject to the express provisions of these terms and conditions:

i. We, together with our licensors, own and control all the copyright and other intellectual property rights in our website/app and the material on our platform; and

ii. We have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable(through multiple tiers) right to exercise the intellectual property, in the Roar Platform and in the material published on it.

iii. All the copyright and other intellectual property rights in our platform and the material therein are reserved.

3. Licence to use platform and its material

a. You may:

i. View pages from our website in a web browser;

ii. Download extracts of any page, files or other content from the Roar platform for your personal reference and you may draw the attention of others within your organization to material available on our platform;

iii. Print pages from our website/app;

iv. Stream audio and video files from our platform; and

v. Use our platform services by means of a web browser, subject to the other provisions of these terms and conditions.

b. Except as expressly permitted by section 3(a.) or the other provisions of these terms and conditions, you must not download any material from our platform or save any such material to your computer.

c. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

d. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our platform.

e. Unless you own or control the relevant rights in the material, you must not:

i. Republish material from our platform (including republication on another website or other print or digital media platform);

ii. Reproduce, duplicate, copy, sell, rent or sub-license material from our platform for commercial purposes;

iii. Show/display any material from our platform in public;

iv. Exploit material from our Roar platform for a commercial purpose; or

v. Redistribute material from our platform.

f. Notwithstanding section 3(e.), you may redistribute our newsletter in print and electronic form to any person.

g. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website/app.

h. If you print off, copy or download any part of the Roar platform in breach of these Terms of Use, your right to use Roar platform will cease immediately and you must, at our opinion, return or destroy any copies of the materials you have made.

4. Acceptable use

a. You must not:

i. Use our platform in any way or take any action that causes, or may cause, damage to the platform or impairment of the performance, availability or accessibility of the platform;

ii. Use our platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

iii. Use our platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

iv. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our platform without our express written consent;

v. Access or otherwise interact with our platform using any robot, spider, page scrape or other automated means;

vi. Use data collected from our platform for any direct marketing activity (including without limitation email marketing, sms marketing, telemarketing and direct mailing);

vii. attempt to gain unauthorised access to any portion or feature of the Roar platform, or any other systems or networks connected to our platform or to any server, computer network, or to any of the services offered on or through the Roar platform, by hacking, “password mining” or any other illegitimate means;

viii. probe, scan or test the vulnerability of the Roar platform or any network connected to the roar platform nor breach the security or authentication measures on the Roar platform or any network connected to the platform. You may not reverse lookup, trace or seek to trace information on any other User of or visitor to the Roar platform or any other buyer, including any account on the platform not owned by you, to its source or exploit the Roar platform or any service or information made available through the Roar platform, in any way;

ix. use any device, software or routine to interfere with the proper working of the Roar platform or any transaction being conducted on the platform or with any other person’s use of the Roar platform;

x. 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.

b. You must not use data collected from our platform to contact individuals, companies or other persons or entities.

c. You must ensure that all the information you supply to us through our platform, or in relation to our platform, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

If you use our platform or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

i. Yourself; and

ii. The person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).

6. Registration and accounts

a. You may register for an account with our platform by completing and submitting the account registration form on our platform and clicking on the verification link in the email that the website/app will send to you.

b. You must notify us in writing immediately if you become aware of any unauthorised use of your account.

c. You must not use any other person’s account to access the platform.

7. User ids and passwords

a. If you register for an account with our platform, you will be asked to choose a user id(email d) and password.

b. Your user id must not be liable to mislead and must comply with the content rules set out in section 12; you must not use your account or user id for or in connection with the impersonation of any person.

c. You must keep your password confidential.

d. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account.

e. You must notify us in writing immediately if you become aware of any disclosure of your password.

f. You are responsible for any activity on our platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

a. We may:

i. Suspend your account;

ii. Cancel your account; and/or

iii. Edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

 

b. You may cancel your account on our platform using your account settings on the platform. You will not be entitled to any refund if you cancel your account in accordance with this section 8(b.).

9. Subscriptions

a. To become a subscriber to our platform services, you must pay the applicable subscription fees after you have registered for an account with our platform. We will send you an acknowledgement of your subscription, at which point the contract between us for the supply of the platform services shall come into force.

b. For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our platform in relation to your subscription type.

c. We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our platform, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.

d. At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our platform before the date of renewal.

10. Fees

a. The fees in respect of our platform services will be as set out on the platform from time to time.

b. All amounts stated in these terms and conditions or on our platform are stated exclusive of gst.

c. You must pay to us the fees in respect of our platform services in advance, in cleared funds, in accordance with any instructions on our platform.

d. We may vary fees from time to time by posting new fees on our platform, but this will not affect fees for services that have been previously paid. Also the fee may vary on the basis of per court per sport.

e. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

f. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

i. An amount equal to the amount of the charge-back;

ii. All third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); and

iii. All our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this section 10(f.) (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section 10(f.).

g. If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

h. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

11. Your content: Licence

a. In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our platform for storage or publication on, processing by, or transmission via our platform.

b. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this platform and any successor platform / reproduce, store and, with your specific consent, publish your content on and in relation to this platform.

c. You grant to us the right to sub-license the rights licensed under section 11(b.).

d. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

e. We may edit your content to the extent permitted using the editing functionality made available on our platform.

f. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

g. We will monitor your interaction on the Roar platform and you indulged in any form of 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 deem appropriate in its sole discretion.

12. Your content: Rules

a. You warrant and represent that your content will comply with these terms and conditions.

b. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

c. Your content, and the use of your content by us in accordance with these terms and conditions, must not:

i. Be libellous or maliciously false;

ii. Be obscene or indecent;

iii. Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

iv. Infringe any right of confidence, right of privacy or right under data protection legislation;

v. Constitute negligent advice or contain any negligent statement;

vi. Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity or threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or prevents investigation of any offence or is insulting any other nation;

vii. Be in contempt of any court, or in breach of any court order;

viii. Be in breach of racial or religious hatred or discrimination legislation;

ix. Be blasphemous;

x. Be in breach of official secrets legislation;

xi. Be in breach of any contractual obligation owed to any person;

xii. Depict violence;

xiii. Be pornographic, lewd, suggestive or sexually explicit;

xiv. Be untrue, false, inaccurate or misleading;

xv. Belongs to another person and which you do not have any right to;

xvi. Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

xvii. Constitute spam, or involves transmission of junk mail, etc.;

xviii. Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory including but not limited to any content which is in violation of the provisions of the Indian Penal Code, 1860; or

xix. Cause annoyance, inconvenience or needless anxiety to any person;

xx. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

xxi. tries to gain unauthorised access or exceeds the scope of authorised access to the Roar platform or to profiles, blogs, account information, bulletins, friend request, or other areas of the Roar platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

xxii. solicits gambling or any other activity which could be construed as being illegal;

xxiii. harm minors in any way;

xxiv. violates any law for the time being in force;

xxv. impersonate another person;

xxvi. directly or indirectly, offers, attempts to offer, trades or attempts 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.

13. Report abuse

a. If you learn of any unlawful material or activity on our platform, or any material or activity that breaches these terms and conditions, please let us know.

b. You can let us know by email.

14. Limited warranties

a. We do not warrant or represent:

     i.        The completeness or accuracy of the information published on our platform;

    ii.        That the material on the platform is up to date; or

  iii.        That the platform or any service on the platform will remain available.

b. We reserve the right to discontinue or alter any or all of our platform services, and to stop publishing our platform, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any platform services, or if we stop publishing on the platform.

c. To the maximum extent permitted by applicable law and subject to section 15(a.), we exclude all representations and warranties relating to the subject matter of these terms and conditions, our platform and the use of our platform.

d. Apart from cursory background verification, Roar does not make any representations or warranty as to the item-specifics of any of the users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Roar platform and use your best judgment in that behalf.

15. Limitations and exclusions of liability

a. Nothing in these terms and conditions will:

     i.        Limit or exclude any liability for death or personal injury resulting from negligence;

    ii.        Limit or exclude any liability for fraud or fraudulent misrepresentation;

  iii.        Limit any liabilities in any way that is not permitted under applicable law; or

   iv.        Exclude any liabilities that may not be excluded under applicable law.

b. The limitations and exclusions of liability set out in this section 15 and elsewhere in these terms and conditions:

     i.        Are subject to section 15(a.); and

    ii.        Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

c. To the extent that our platform and the information and services on our platform are provided free of charge, we will not be liable for any loss or damage of any nature.

d. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

e. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

f. We will not be liable to you in respect of any loss or corruption of any data, database or software.

g. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

h. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the platform or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

i. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid to us over the previous 3 months under the contract.

j. It is possible that other users(including unauthorised users) may post or transmit offensive or obscene materials on the Roar platform and that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you due to your use of the platform, and that the recipient may use such information to harass or injure you. We do not approve such kind of unauthorised uses, but by using the Roar platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Roar platform.

16. Indemnity

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

i.    Any breach by you of any provision of these terms and conditions; or

ii.   Your use of our platform.

17. Disclaimers

a. The Roar platform may be under constant upgrades, and some functions and features may not be fully operational.

b. Due to the vagaries that can occur in electric distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on our platform or delay or errors in functionality of the Roar Platform. As result, we do not represent that the information posted is correct in every case.

c. We expressly disclaim all liabilities that may arise as a consequence of any unauthorised use of credit or debit cards.

18. Breaches of terms and conditions

a. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

     i.        Send you one or more formal warnings;

    ii.        Temporarily suspend your access to our platform;

  iii.        Permanently prohibit you from accessing our platform;

   iv.        Block computers using your IP address from accessing our platform;

    v.        Contact any or all your internet service providers and request that they block your access to our platform;

   vi.        Commence legal action against you, whether for breach of contract or otherwise; and/or

 vii.        Suspend or delete your account on our platform.

b. Where we suspend or prohibit or block your access to our platform or a part of our platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

19. Terms of Service for end user/customer

a. You acknowledge and agree that Roar facilitates the hosting of products, services, events and arenas/sports grounds which are offered by service provider/venue owner(i.e. third party vendors) and Roar does not:

     i.        make any warranties, whether express or implied of the quality of the products, services, events or arenas which are offered by the service provider on our platform;

    ii.        endorse or confirm that a certain product, service, event or arena offered by the service provider, confirm to a certain quality or has been rated in a certain format;

  iii.        assume any liability if the products, services, events or arenas provided by the service provider do not meet the expectation of the User or if the user suffers any loss or damage, including any bodily injury as a consequence of using such products, services, events or arenas;

   iv.        assume any liability in the event of any change, alteration, amendment or replacement to the products, services, events or arenas offered by the service provider.

b. The Roar platform is not equipped or authorised to conclude any financial transaction. All payments shall be made through the payment gateway. Roar will conduit the payments received through the payment gateway or such other authorised payment system, to the service provider/vendor. The receipt for such payment shall be directly issued to you by the service provider. Please ensure that you claim an invoice from the service provider.

c. You agree not to attempt to impose liability on, or seek any legal remedy from us w.r.t. any actions or omissions of the service provider/Vendor.

20. Third party websites

a. Our platform includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

b. We have no control over third party websites and their contents, and subject to section 15(a.) we accept no responsibility for them or for any loss or damage that may arise from your use of them.

c. We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms and Conditions an , as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

21. Trade marks

a. Our name, logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

b. The third party registered and unregistered trade marks or service marks on our platform are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

22. Variation

a. We may revise these terms and conditions from time to time.

b. The revised terms and conditions will apply to the use of our platform from the date of their publication on the platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. We may give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our platform from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our platform.

23. Assignment

a. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

b. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

24. Severability

a. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 

b. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

25. Third party rights

a. These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

b. The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

26. Entire agreement

Subject to section 15(a.), these terms and conditions, together with [our privacy and other policies], constitute the entire agreement between you and us in relation to your use of our platform and supersede all previous agreements between you and us in relation to your use of our platform.

27. Law and jurisdiction

a. These terms and conditions shall be governed by and construed in accordance with the laws of India.

b. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts at Pune, Maharashtra.

28. Statutory and regulatory disclosures

a. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our platform. We recommend that you consider saving a copy of these terms and conditions for future reference.

b. These terms and conditions are available in the English language only.

Contact us

Please contact us for any questions or comments regarding the Terms of use and other policies governing the Roar Platform by writing to the business address given above, by using our website contact form or by email to info@roarsports.in.

This document was last updated on 8th August, 2023.