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Terms and Conditions
These terms and conditions (“Terms & Conditions”) govern your access to and use of the platform as made available through the interface/screen available on the mobile application called ‘SPORTIQO’ (collectively the “Platform”) managed and operated by
1.Sport Chain LLC, a company incorporated under the laws of Saint Vincent and the Grenadines (for global users)
2.Southridge tech systemspvt ltd, a company incorporated under the (Indian) Companies Act, 1956 or(Indian)Company Act,2013Sport (for Indian users)
(hereinafter referred as “Us” / “We”/ “SPORTIQO”) for general browsing or availing any Services available on the Platform.
As a user (“User”/ “You” which shall mean and include any natural person who has registered, agreed to use or has accessed or is visiting the Platform), You understand that SPORTIQO through the Platform operates and owns a cricket-inspired virtual trading game where users can buy/ sell coins deriving value from cricket players, through the Platform called ‘SPORTIQO’ which shall be made available as a website and/ or mobile application (referred to as “Platform”).
Please read these Terms & Conditions carefully before accessing or using the Platform or any part thereof. By accessing or using any part of the Platform, You agree to be bound by these Terms & Conditions. If You do not agree to all the Terms & Conditions, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY SPORTIQO THROUGH THE PLATFORM.
“SPECIFIED DISCLAIMER: THESE PRODUCTS ARE UNREGULATED IN MANY JURISDICTIONS AND CAN BE HIGHLY RISKY. THERE MAY BE NO REGULATORY RECOURSE FOR ANY LOSS FROM SUCH TRANSACTIONS. BY MAKING USE OF SPORTIQO SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF SUCH NATURE (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF SPORTIQO SERVICES AND TRANSACTIONS OF SUCH NATURE (3) YOU HAVE ENSURED THE REGULATIONS IN YOUR LOCAL JURISDICTION AND THE LEGALITY OF THE SAME BEFORE ONBOARDING ON THE SPORTIQO PLATFORM AND (4) SPORTIQO SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.”
These Terms & Conditions form a legal and binding agreement between You and SPORTIQO. As long as You comply with these Terms & Conditions, We grant You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited privilege to access and use the Platform as per these Terms & Conditions. By accepting these Terms & Conditions, You also accept and agree to be bound by policies of SPORTIQO including but not limited to Privacy Policy as amended from time to time which form a part of these Terms & Conditions by reference.
1. General
- You represent and warrant that You:
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- are at least 18 (eighteen) years old;
- are competent to form a binding contract;
- You are a not resident of any state in India in which participating, organising or conducting of the SPORTIQO is prohibited. These shall include, but not be limited to: Meghalaya, Andhra Pradesh, Telangana, Assam, Sikkim, Nagaland and Odisha (“Excluded States”);
- have not previously been suspended or your use of the Platform or any part thereof has not been restricted due to any breach or perceived breach by SPORTIQO.
- are not currently located, organized or resident in a Designated Jurisdiction. As a user of the portal, it is your responsibility to ensure that You do not belong to a Designated Jurisdiction in case you wish to register on the Platform.
- You have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption and anti-money laundering.
“Designated Jurisdiction” means any country or territory or state, residents of which are not allowed to onboard or use gaming platforms including games with games of skill.
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- Any person accessing the services or otherwise offered by SPORTIQO on the Portal for the purpose of participating in trading of player(s) in any matches made available on the SPORTIQO portal, hereinafter referred to as “Contest(s)”shall be bound by these Terms and Conditions, and all other rules, regulations, and terms of use referred to herein or provided by SPORTIQO in relation to SPORTIQO services.
- You are permitted to display the materials on this Platform on a computer screen and/or mobile screen and, save for restricted access documents, to download and print a hard copy for your personal use, provided You do not alter or remove any of the content which may include text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content provided by SPORTIQO (“Content”) without our express permission to do so and that You do not change or delete any copyright, trademark or other proprietary notices. The Platform including all materials on it, or provided to You, through it are protected by copyright, trademark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to SPORTIQO.
- Nothing contained in these Terms & Conditions shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User. In no event shall SPORTIQO be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the services offered on the Platform. All Content on the Platform is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
- SPORTIQO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms & Conditions periodically for any updates/ changes. User’s continued use of the Platform following the modification of these Terms & Conditions will imply the acceptance by the User of the modification.
- User agrees and consents to be contacted by SPORTIQO (or its agents, representatives and business partners) through phone calls, SMS notifications, email or any other means of communication, in respect to the Services or the Platform provided by SPORTIQO even if contact number(s) provided to SPORTIQO are on Do Not Call Registry.
- You agree that SPORTIQO may disclose your personal and account information if SPORTIQO believes that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request. For more details, please refer to Our Privacy Policy.
- SPORTIQO has developed a cricket-inspired virtual trading platform where users can buy/ sell coins of real-life cricketers. SPORTIQO has created a detailed profile for each coin, that helps You to make an informed decision before buying and selling of the coin of each cricketer. The price of the coin may be considered to be as the average price of each coin of that cricketer, depending on the number of coins You wish to buy at that time. On the platform, buying and selling take place against a bonding curve which implies that the price of each coin increases or decreases with an increase or decrease in its supply.
- You hereby acknowledge and agree that SPORTIQO is not a financial institution, bank, credit union, trust, hedge fund, broker or investment or financial advisor, and is not subject to the laws, regulations, directives or requirements applicable to such persons. You acknowledge and agree that no oral or written information or advice provided by SPORTIQO, its officers, directors, employees, or agents, nor any information obtained through the Platform or otherwise from SPORTIQO, will or shall constitute trading, investment or financial advice regarding the trading of securities, including the suitability and appropriateness of, and investment strategies. You are solely and exclusively responsible for all decisions made by you while using the Platform.
- You also acknowledge and agree that your ability to use the Platform may be detrimentally impacted by regulatory action or changes in regulations applicable to business of the Platform. SPORTIQO shall not be responsible for any loss suffered by User due to discontinuance of the Services, or any part thereof, available on Platform as a result of regulatory action or changes in regulations applicable to gaming or like industries or otherwise.
- SPORTIQO only acts as a service provider, information intermediary, facilitator of User transactions, and a technology provider. In case of any technical or manual error including but not limited to downtime, order not being fulfilled and /or unavailability of the Platform, SPORTIQO will take reasonable steps of correction to restore the Platform. If such correction creates a liability on You or You suffer any losses or damages, You will be required to incur that liability, loss or damages. SPORTIQO hereby disclaims liability for any such error or correction thereof, and no recourse may be had by User against SPORTIQO for any such error or correction.
- In a rare event wherein SPORTIQO identifies the need of any governmental, statutory or regulatory compliances or approvals for organizing any Contest(s) or the company identifies any on-going Contest(s) breaching the legal guidelines or being prohibited by the legal authorities, then, SPORTIQO hold all the rights to cancel or withdraw such Contest(s) without any prior notice to the participants or the winners. The User using the services provided by SPORTIQO agrees not to make any claims related to such cancellation or withdrawal in any manner. The employees, directors, affiliates, relatives and family members of SPORTIQO, will not be eligible to participate in any Contest(s).
- SPORTIQO’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
- Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SPORTIQO or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
- These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Sport Chain LLC and govern your use of SPORTIQO Portal, superseding any prior agreements that any User may have with Sport Chain LLC.
- If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
2. Account Operations
- By accepting the Terms and Conditions of SPORTIQO, the User using Services provided by SPORTIQO agree to provide true, accurate, current and complete information while registration and at other times when demanded by SPORTIQO. The User further provides consent to keeping his/her registration information updated at all times.
- A single user is permitted to register or operate only one user account with SPORTIQO Portal (inclusive of both web & app).
- The User using the services provided by SPORTIQO provides his/her consents for receiving all the communications from SPORTIQO by marking e-mails from SPORTIQO.com as part of their “safe senders” list. In an event, if any of the emails sent by SPORTIQO remains unread by the User because of being sent to the Spam or Junk folders, SPORTIQO shall not be held responsible.
- Any passwords issued by SPORTIQO to any of the individual using the services provided by SPORTIQO are confidential and should not be shared by the users with anyone else. The User holds the sole responsibility of maintaining the confidentiality of their accounts and passwords. The User offers his/her consent by agreeing to the Terms and Conditions of SPORTIQO to inform SPORTIQO about any unauthorized use of their passwords or accounts or any other breach of security.
- The User is solely responsible for the security and confidentiality of his/her payment accounts linked to his/her SPORTIQO account. In case of any misuse of the linked payment accounts of the user, SPORTIQO shall not be held liable; further, such misuse of the linked payment accounts of the user should be reported to SPORTIQO as soon as it comes to the notice of the user.
- The User ensures to exit/log-out of their accounts after the completion of each session. In case of any sort of loss or damage faced by the user due to the failure of abiding these rules and regulations, SPORTIQO shall not be held responsible
3. Responsible Gaming
Since we are aware every stakeholder in the iGaming industry is responsible for promoting an ethical gambling activity, we understand that our gaming software is directed to players who need to see these activities as a way of spending time in a relaxing manner.
To that end, we can provide the following recommendations for gamers:
- Sportiqo gaming activities are supposed to be entertaining.
- Sportiqo platform should not be considered as an easy way of making money.
- Players should not trade for money they can’t afford losing. To avoid losing too much money, make sure your platform of choice allows you to implement responsible gaming mechanisms that permit, for example, to set the maximum amount to be placed on a bet in a certain period.
- Check and limit your time in the online medium. How much time do you spend online on gaming websites? If you are losing every day more than a few hours online, probably it is time to take a break from this activity for a while.
- Check and limit your online wins and losses. Since most gaming activities do contain a certain factor of randomness, players should check how much they win and how much they lose. In case they notice a negative frequency, they must decide if gaming activities are suitable for them. If they decide it is time for a break, players can use the “Self-Exclusion” option to close the account for a period (6 months, 1 year, 2 years, etc.).
- If you feel like you have a problem with online gaming, we strongly suggest you to contact a specialized group or organization that can provide the necessary support:
- GamCare is one of the leading authorities providing counselling, advice and practical help in addressing the social impact of gambling activities in UK. They can be contacted by using their helpline: 0845 6000 133. Non-UK residents can also contact GamCare for details of International support organizations.
4. Account Creation & User Registration
- To create an account (“Account”) on the Platform, You will be required to follow the registration procedure prescribed by SPORTIQO and will be required to furnish certain information and details, including your name, email id, contact number, date of birth, address and Gender. You can browse the Platform without creating an account. However, You cannot avail services offered through the Platform, unless You have created an account on the Platform.
- In the event there is mismatch in the details provided by the User or incorrect details have been provided, SPORTIQO may at its sole discretion reject your registration or block Your Account at any time.
- You authorize Us to make the inquiries, whether directly or through third parties, that We consider appropriate, in our sole discretion, to verify your identity or protect You and/or Us against fraud or other financial crimes, and to take action We reasonably deem necessary based on the results of such inquiries or otherwise. You agree to provide Us with the information We request for the purposes of identity verification.
- You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner or any other security breach. SPORTIQO will not be liable for any loss or damage arising from your failure to comply with the above requirement. You understand and agree that You are responsible for maintaining the confidentiality and security of your Account, password, activities that occur in or through your Account. You agree to accept responsibility for restricting and preventing unauthorized access to your Account. You agree to accept responsibility for all activities that occur under your Account or password.
- You accept and agree that your Account is for your personal use only and shall not be transferred to any other third party. You will be responsible for the activities associated with your Account in case of such transfer.
- You represent and warrant that all the details provided by You are true, correct, accurate, complete, and up to date. In the event of any change in the information provided, You agree to update the details on the Account immediately without any delay. You further represent and warrant that at the time of making a new Account, You shall inform SPORTIQO of any existing Account(s) on the Platform.
5. Withdrawal
- The withdrawal request of a user is processed within 5-7 working days (herein the working hours refers to bank’s working hours) excluding the date the request is made. In case, your withdrawal request is not processed within 5-7 days after the date the request is made; please check your registered email address provided by you at the time of registration for any communications from SPORTIQO.
- In an event, any SPORTIQO user is found to be violating the Fair Play Terms, or in general Terms & Conditions of the Portal then SPORTIQO at its sole and absolute discretion holds all the rights to take strict measures against the users.
- In an event a User is found to be having more than single Id registered on SPORTIQO or multiple Ids registered under the same name then the withdrawal request of such users can either be put on hold, or their user accounts can be blocked refraining them from playing further on SPORTIQO.
- Any user if ever found to be violating the Fair Play Terms of SPORTIQO which can be visited on “Fair Play”,will be either blocked from playing further on SPORTIQO or his/her withdrawal requests will be put on hold for violating the Fair Play terms.
- The withdrawals of users found to be creating a fake refer chain by creating multiple ids under the same name to earn the Refer & Earn bonus will be blocked from using SPORTIQO Services provided by the Portal alongside putting their withdrawal requests on hold.
- In an event, any user is identified to be a resident of Designated Jurisdiction amid the SPORTIQO audits and had hidden this fact while registering at the platform will be blocked, and his/her withdrawal requests will be put on hold.
- SPORTIQO could put the withdrawal requests of users violating the Fair Play terms of SPORTIQO or can block the user account at any stage amid its audits, no matter if the withdrawal requests of the user had been accepted previously.
- In case the withdrawal request of a user is kept on hold, and SPORTIQO at its sole & absolute discretion decides to process the withdrawal request of that user after he/she agrees to abide by the Fair Play Terms of SPORTIQO then such withdrawals shall take 7-10 working days to process.
- In case, we suspect any account to be violating our fair play or verification terms already stated in the Terms & Conditions of SPORTIQO; we hold all the rights to verify the user at any time. SPORTIQO holds all the rights to video call any user at any point of time to validate & verify his/her identity. If the video call done as a part of the verification process is found to be negative, then the user account shall be blocked &his withdrawal shall be put on hold. SPORTIQO is free by all means to verify & validate the identity of a user at any point of time as per its will/wish.
- In case, a user is using a single device for creating multiple accounts on SPORTIQO, it should be ensured by the user that all the mandatory verification formalities including mobile, email, PAN card & Bank Account details verification has been done by the user for all the accounts created. Abiding by the said process will help such users, who create multiple accounts on a single device, in terms of smooth withdrawals on SPORTIQO.
6. Prohibited Activities
- You agree not to:
- copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of the Content or the Platform or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in SPORTIQO’s absolute discretion);
- use the Platform or any of the Content on it, or provided to you through it, for:
- any unlawful purpose or in contravention of applicable law;
- commercial exploitation without our prior written consent; and
- any purpose or in any manner that may give a false or misleading impression of Us, our staff or our Services.
- establish a link to the Content or the Platform from any other website, intranet or extranet site without our prior written consent.
- decompile, disassemble or reverse engineer (or attempt to do any of them) any of the Content provided on or through the Platform.
- do anything that may interfere with or disrupt the Platform.
- publicly criticize, disparage, call into disrepute, or otherwise defame or slander the Platform or SPORTIQO and any of its officers, directors, members or employees.
- encourage or permit others to do any of the above.
- In addition to what is already provided in the Terms & Conditions, You represent and warrant that You shall not post, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right.
- Is defamatory, obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
- is harmful to child.
- infringes the intellectual property rights.
- violates any law for the time being in force.
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
- impersonates another person.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- threatens the unity, integrity, defence, security or sovereignty of any nation, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- spreads false and inaccurate information.
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
- disrupts the Services or in any way attempts to solicit users towards the services of a competitor.
- may interfere with the proper operation of this Platform or SPORTIQO’s systems in any manner.
- In the event that You do not comply with the above restrictions or SPORTIQO has reasons to believe that You have indulged in any of the activities specified above, SPORTIQO retains the right to immediately suspend or terminate your Account and access to the Platform, and take legal action against You, including without limitation, initiation of proceedings for claims against You for any losses and costs (including legal costs) SPORTIQO may suffer as a result of your actions and reporting You to law enforcement authorities without providing any notice of You about any such report and confiscating any balance remaining in your Account which has been terminated. You shall further solely be liable for any claim brought against You by any other User affected by your actions.
7. Monitoring of the Platform and User Accounts
SPORTIQO always has the right and liberty to monitor the Content of the Platform or any part thereof which shall include information provided in your Account. The monitoring of the Platform is important to determine the veracity of the information provided by You and to ensure that every User remains compliant with these Terms & Conditions.
8. Suspension of Access
SPORTIQO may stop providing one or more Services through the Platform and may terminate access to or use of the Platform at any time without giving notice of termination to You. Unless SPORTIQO informs the User otherwise, upon any termination, (a) the rights granted to You under these Terms & Conditions will terminate forthwith; (b) your Account shall be suspended; and (c) You must stop using the Platform or any part thereof forthwith. SPORTIQO reserves the right to suspend or cease providing the Platform and shall have no liability or responsibility to the User in any manner whatsoever, except as prescribed under applicable law.
9. Third Party Materials and Services
The Platform may provide You links to third party services (“Third Party Services”) and may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge and agree that SPORTIQO is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or Third-Party Services. SPORTIQO DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
10. Risks, Limitation of Liability and Disclaimer of Warranties
- Internet Provider – SPORTIQO acts as a Service provider by creating, hosting, maintaining and providing our Services to you via the Internet. We cannot ensure that a buyer or a seller you are dealing with will actually complete the Transaction and all risk of a Transaction remains with you. We do not guarantee continuous, uninterrupted or secure access to our Services or the SPORTIQO Site or application and we make no representations or warranties regarding the amount of time needed to complete Transaction processing which is dependent upon many factors outside of our control. Access to Services may become degraded or unavailable during times of significant volatility or volume.
- By using our Services, you acknowledge, agree and accept the risk that the underlying protocols are subject to sudden changes in operating rules, which may, amongst other things, materially affect the value, function, name of the Coin and/or our ability to support certain Coins and we are not liable for any loss of value you may experience as a result of such changes in operating rules.
- During registration of your Account and at any other time you have an Account, you agree to provide us with the information we request for the purposes of ongoing due diligence. You will maintain and promptly update your Account information. You agree and represent and warrant that all information you provide us at any time will not be false, inaccurate or misleading. You will need to complete certain verification procedures before you are permitted to use our Services. Your access to our Services and the limits that apply to your use of our Services, may be altered, suspended or terminated as a result of information collected about you on an ongoing basis and/or your failure to provide us with information we request on a timely basis. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.
- Notwithstanding anything to the contrary contained herein, neither SPORTIQO nor its affiliates, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits or loss of data arising under or relating to these Terms & Conditions even if SPORTIQO is advised of such damages.
- To the maximum extent permitted by law, You waive, release, discharge and hold harmless SPORTIQO, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your access to or use of the Platform. In no event shall the SPORTIQO or its affiliates and subsidiary companies be liable to you for any claims, proceedings, liabilities, obligations, expenses, damages, losses or costs in an amount exceeding the amount of fees paid by you to SPORTIQO for the applicable Services for the 12 months preceding the date of any claim giving rise to such liability or one hundred U.S. dollars (USD $100.00), whichever is lower.
- The services offered by the Platform are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions. Users in shall therefore avail of the Services and access the Platform subject to the above and solely at their own risk.
- The values of Coins may be highly volatile and tend to fluctuate, due to which there may be an increase or decrease in the value of the Coin You Buy/Sell. There is always an inherent risk of losses associated with buying, selling, or trading in such Coins. It is also possible that the valuation and price of Coins changes after the transaction has been initiated by You or during the transaction, and You are hereby advised/ cautioned of the same. Value of a Coin is subject to demand and supply as explained above, and under no circumstance shall SPORTIQO be liable for any such changes or fluctuations whether before, during or after the transaction.
- There may be additional risks that we have not foreseen or identified in these Terms & Conditions.
- You should carefully assess whether your financial situation and tolerance for risk is suitable for buying/ selling of Coins on the Platform. It is reiterated that Users shall not transact in Coins under any assumption of high earnings or profits. You further understand that past performance of Coins are not indicative of future prices / value.
- SPORTIQO is not responsible for the outcome, whether positive or negative, of any action performed by any of its Users within or related to Coin/ Platform / service.
- NOTWITHSTANDING ANY OTHER PROVISION, PLATFORM, SERVICES AND MATERIALS OR ANY OTHER INFORMATION OR SERVICE BY SPORTIQO IS PROVIDED ON “AS IS”, “AS-AVAILABLE” BASES, AND WITHOUT WARRANTY, REPRESENTATION OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SAFETY, SUITABILITY, AVAILABILITY, COMPLETENESS OR ACCURACY OF PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION. SPORTIQO, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES IS / ARE NOT LIABLE FOR ANY LOSS OF REVENUE, PROFITS, FUNDS, ASSETS, DATA OR FOR ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION. SPORTIQO DISCLAIMS LIABILITY FOR ANY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION INCLUDING WITHOUT LIMITATION INACCURACY IN OR THE OMISSION OR INTERRUPTION OF THE PRICE DATA OR AN ERROR OR DELAY IN THE TRANSMISSION OF PRICE DATA. PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR A BUSINESS WHERE THERE ARE REGULATORY UNCERTAINTIES. WE DO NOT GUARANTEE THAT YOUR USE OF THE PLATFORM OR SERVICES OR ANY PART THEREOF WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE.
- USER AGREES THAT IT IS POSSIBLE THAT NEW REGULATIONS ADDRESSING GAMING INDUSTRY, TECHNOLOGY (LIKE SPORTIQO) AND THE PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION PROVIDED BY SPORTIQO UNDER THESE TERMS, MAY BE INTRODUCED OR EXISTING REGULATIONS MAY BE MODIFIED, WHICH MAY PROHIBIT, PREVENT, RESTRICT, OR OTHERWISE MAY HAVE A NEGATIVE EFFECT ON THE PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION PROVIDED BY SPORTIQO AND/OR THE USAGE OF PLATFORM, SERVICES, MATERIAL OR ANY INFORMATION BY THE USER, WHICH MAY INCLUDE A TOTAL LOSS OF USER WITH SPORTIQO (INCLUDING STORED BY SPORTIQO WITH THIRD PARTIES) AND NOTWITHSTANDING ANY OTHER PROVISION SPORTIQO, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE SAME.
- SPORTIQO ACTS AS THE DULY APPOINTED AGENT OF THE USER TO WHOM THE PAYMENT IS DUE AND DOES NOT OPERATE A PAYMENT SYSTEM. USER ALSO HEREBY DULY APPOINTS SPORTIQO AS ITS AGENT FOR THIS PURPOSE.
11. Indemnity
- You agree to indemnify, save, and hold SPORTIQO, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or your infringement of any intellectual property or other right of any person or entity. SPORTIQO reserves the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify SPORTIQO, including rights to settle, and You agree to cooperate with SPORTIQO’s defence and settlement of these claims. THIS CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS & CONDITIONS.
12. Governing Law and Jurisdiction
- Your access to and use of the Platform and Terms & Conditions is subject to the laws of Saint Vincent and the Grenadines. In case of any disputes arising out of the access to or use of the Platform or any part thereof Courts of Saint Vincent and the Grenadines will have exclusive jurisdiction.
13. Third Party Rights
Nothing in these Terms & Conditions is intended to nor shall it confer a benefit on any third party who is not a party to these Terms & Conditions and such third party has no rights to enforce them.
14. Waiver
No delay or decision not to enforce rights under these Terms & Conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
15. Intellectual Property Rights
All the intellectual property used on the Platform shall remain the exclusive property of SPORTIQO (or any person claiming through SPORTIQO). You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The materials on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
16. Termination
You may terminate these Terms & Conditions by ceasing to use the Platform. SPORTIQO reserves the right to terminate your Account or access to the Platform at its sole discretion if You are found to be in breach of these Terms and & Conditions or any applicable laws. In all other cases SPORTIQO shall provide you with prior written notice of one (1) day for termination of your Account.
17. Survival
Even after termination Indemnity, Intellectual Property, Governing Law and any other clauses that naturally survive, shall survive the termination of these Terms & Conditions.
18. Severability
If any provision of these Terms & Conditions is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
19. Electronic Communication
The communications between You and SPORTIQO use electronic means, whether You use the Platform or send Us emails, or whether SPORTIQO posts notices on the Platform or communicates with You via email. For contractual purposes, You (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
20. Force Majeure
SPORTIQO shall not be liable for any damage or loss suffered by You due delay or failure in performance of SPORTIQO’s obligations under these Terms & Conditions when such delay or failure is due to causes, circumstances or events beyond its control including delay due to floods, fires, accidents, earthquakes, riots, explosions, wars, hostilities, acts of government, custom barriers, strikes, epidemic, pandemic, complete break down of telecommunication or internet services or other causes of like character. In such an event, SPORTIQO shall be excused from any and all performance obligations.
21. Grievances
SPORTIQO believes in ensuring that all the Users of the Platform are able to access and utilize the Platform to their satisfaction. Therefore, We believe in addressing any grievances or concerns that the Users have with regard to their experience on the Platform. For any queries and support, You may reach out to our Customer Support Team at info@uat.sportiqo.com