LIVE BY
THE CODE

TERMS & CONDITIONS
SCOPE

By accessing the sbuddy Application, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you create a sbuddy account. If you wish to create a sbuddy account and make use of the Service, please read these Terms of Use.

The provisions of these Terms and Conditions (“terms”) govern the entire legal relationship between the duly registered and approved user (“user”) and sbuddy, and are applicable to all services provided to the user or offered on the sbuddy Application. No conflicting and/or other terms of use or conditions of the user shall be applicable to the relationship between the user and  buddy and all or any such terms are hereby rejected. 

Sbuddy is entitled to revise and/or amend these terms and conditions from time-to-time, without prior notice to the user. The revised terms and conditions, once so revised shall automatically apply to the user of the sbuddy Application from the date of the
publication of the revised terms and conditions on the sbuddy Application. User is requested to duly note all updates in this regard and sbuddy this page regularly to ensure their familiarity with the current version as well as any amended version hereafter.

ELIGIBILITY

By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant  that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

SERVICES

Sbuddy shall not be construed as being party to any communication exchanged between users and is therefore not responsible for or party to any agreements and or activities that users interacting on the sbuddy Application mutually agree to enter into. 

Users shall hold sbuddy Application harmless and further agree to indemnify them against any consequences that arise out of or in relation to any agreement or activity agreed to be entered into between the users over the sbuddy Application. Users also agree to hold sbuddy harmless against any third party claims that may arise from the aforesaid.  Sbuddy reserves the right to modify the services or to offer services different from those offered at the time of the user’s registration, at any time. Revised services will apply to the use of the sbuddy Application from the date of the publication of the revised terms and conditions on this Application. User is requested to duly note all updates in this regard and sbuddy this page regularly to ensure their familiarity with the current services offered as well as any amended services hereafter.

The user understands that it is technically impossible to offer or guarantee the 100% availability of the sbuddy Application. sbuddy will make reasonable efforts to keep the sbuddy Application available without unplanned interruption. However, maintenance, security or other planned actions, and/or events beyond sbuddy’s reasonable control (e.g., disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the services. Such interruptions, which are intended for servicing the sbuddy Application or upgrading its services or correcting any error, shall be regarded as essential maintenance and sbuddy cannot be held liable for any delay or purported inconvenience caused to any user in this regard. sbuddy shall also not be liable for any delay caused by reasons beyond their reasonable control, such as delays occurring on account of Act of God or Legal Impediment.

REGISTRATION

In order to sign up with sbuddy membership, users must apply for registration by completing the registration procedure on the sbuddy Application and confirming their assent to these terms and conditions. The registration procedure will only be complete when the user consents to these terms and conditions. sbuddy accepts this offer by activating the user’s membership and personal account. sbuddy is not liable to respond to any incomplete registration and all decisions taken with regard to allowing or preventing a user from using the sbuddy Application shall be taken by the admin for the sbuddy Application, whose decision in this regard shall be final and binding on the intended user.

The user guarantees and represents that the information submitted to sbuddy for registration is complete and accurate. The user shall keep the user’s profile up to date, in particular with regards to the user’s email address. The user shall ensure that sbuddy can establish contact with the user at all times via the contact details provided by the user in the user’s profile on the sbuddy Application. In the event any account generated by a user is reporting no activity or is otherwise lying idle for an unexplained period of 52 weeks, sbuddy reserves the right to review the users account and the admin may deactivate such an inactive account after due notice to the user in this regard, by sending them an e-mail/sms to this effect on their last recorded contact details. Any user whose account is so deactivated may be eligible for a fresh registration upon re-submitting their details over the sbuddy Application.

Sbuddy reserves the right to refuse registration of any user for any or no reason. sbuddy also reserves the right to terminate any user account if it receives any complaint from other user or users in terms of any activities being promoted or undertaken by such user or group of users over the sbuddy Application, which are considered inappropriate or where their legality is in question.

The user hereby confirms and further consents that the user only maintains one (1) user account. sbuddy reserves the right to de-activate any multiple account(s) registered by the same user, without furnishing any notice in this regard to the concerned user.

USER ACCOUNTS ARE NON TRANSFERABLE

Users may at all times contact the sbuddy admin on connect@sbuddy.in or any other e-mail that may be entered by the admin for this purpose. The admin reserves the right to respond to any such correspondence.

In so far as the user is in breach of the agreements in Section 4, sbuddy shall be entitled to terminate the user account with immediate effect, and to block the user’s account and/or to prevent further use of the services and the sbuddy Application by the user.

YOUR INTERACTION WITH OTHER USERS

You are solely responsible for your interactions with other users. You understand that sbuddy currently does not conduct criminal background sbuddys of it’s users, nor does it enquire about the backgrounds of all it’s users, or attempt to verify the statements of it’s users. 

Sbuddy is not responsible for the conduct of any user. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

USER’S OBLIGATIONS

The user shall not use, upload, post, email, transmit, or otherwise make available any objectionable content, or have others make the same available on the sbuddy Application. Nor shall the user upload or send other users messages with objectionable contents that violate the laws for the time being in force, in that users jurisdiction in any manner (“Illegal Contents”), such as, but not limited to:

a) Contents breaching third-party rights – e.g., copyright, performance, and commercial property rights such as brands, patents, registered designs, design rights, and also other rights, for example name and personality rights;

b) Contents which are insulting or defamatory, regardless of whether said contents are directed at sbuddy personnel, other companies, or another user;

c) Contents and actions violating criminal law, promoting anti-constitutional organizations or displaying the insignia of such organizations; contents glorifying violence; racism, pornography or like sexist content; contents aimed at trafficking in narcotics, inciting or downplaying the consumption of narcotics, inciting criminal offenses, gambling, insult or slander, defamation, etc.;

d) Contents promoting any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling, or pyramid sales) or content annoying, pestering, or harassing any other user;

e) Contents which include information for which the user has no right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information, insider information, etc.);

f) Contents intended to disrupt, destroy, limit, or impair services on the sbuddy Application or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts, etc..

When using such services, the user shall adhere to all Forum, Event, and Activity Guidelines that sbuddy has in place from time to time.

The user shall not flood other user accounts with repeat requests or irrelevant information. The decision of the sbuddy admin in this regard shall be final, in terms of discontinuing the said user account(s).

GRANTING RIGHTS TO USE

The user grants sbuddy all rights necessary with respect to contents to fulfil the purpose of this agreement.

In particular, the user grants sbuddy the royalty-free, perpetual, irrevocable, non- exclusive, universally transferable, and fully sub-licensable right to:

a) to store all contents (in particular images, videos, texts, etc.) uploaded or posted during the use of the sbuddy Application in an
electronic form,

) to make the same available to other users and third parties and to disseminate the same to other users and third parties upon demand by way of download, and also to permit other users and third parties to make virtual or physical copies of these contents for their private or other own use,

c) to reproduce, disseminate, make generally available, and broadcast all uploaded contents on all sbuddy Application or other platforms and services operated by sbuddy (in particular TV, advertising, print media, radio, Internet, mobile Internet),

d) to process the contents in a user-friendly form, make the same amenable for research and process the same such that other users and third parties can access the same at any time. This includes converting the contents into other data formats. sbuddy is also granted the right to process the contents with respect to visual appearance, font, layout, scaling etc. sbuddy shall have the right to combine the contents or parts thereof with its own or third-party contents, in particular to add links to the contents or make the
same available to third parties via links,

e) to amend, shorten, block, or suspend access to, and delete any contents provided by the user.

NO RESPONSIBILITY FOR THE USER’S AND THIRD PARTY CONTENTS

Sbuddy shall not be liable for any contents provided by or made available by any User, including the user’s content. In particular, sbuddy does not warrant that any such content is true or accurate, or that it fulfils or serves any particular purpose. Users are advised to exercise caution and sbuddy cannot be held liable for any loss caused to users by reason of their own negligence.

If the user finds contents offensive or objectionable, or a breach of the user’s or any third- party rights, or illegal in any other way, the user shall contact sbuddy admin on connect@sbuddy.in or any other e-mail notified in this regard. sbuddy will investigate the complaints and violations of its policies and may take any appropriate action, including, but not limited to issuing warnings, removing or blocking the content, or terminating accounts and/or subscriptions. All decisions taken by the sbuddy admin in this regard shall be final and binding on the user.

PRIVACY

Any information that a user provides to sbuddy is subject to the sbuddy Privacy Policy, which governs and applies to the collection, decimation and use of the users information

LIABILITY

sbuddy Application contains functionality which allows users to share their location with others users of the sbuddy Application. In relation to the aforementioned functionality, or any other feature of the sbuddy Application, sbuddy will not be liable to users (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the sbuddy Application:

• for any direct, indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation, or loss or corruption of information of data. 

• death, bodily injury, emotional distress, and/or any other damages resulting from activity, communications or meetings with other users or persons you meet through the Service.

INDEMNITY

The user shall indemnify and hold sbuddy harmless and not accountable for claims for breach of third-party rights for which the user is responsible or any damage that is caused by a breach of any contractual obligations by the user. In particular, the user shall indemnify and hold sbuddy guiltless and not accountable for claims by third parties resulting from any illegal acts by the user, in particular with respect to contents provided by the user infringing third-party rights or otherwise illegal content. In so far as such infringement of rights result in court proceedings, the user shall also bear the costs incurred by sbuddy as a result, in particular court and attorney costs.

DISPUTE RESOLUTION

In case of any dispute, whatsoever, arising out of or in terms of the use of the sbuddy Application, the user agrees to amicably settle any and all such dispute(s) by way of compulsory negotiation within 30 days from the date of such dispute having arisen or notified to the admin of sbuddy Application. In the event the dispute cannot be settled amicably by negotiation between the user and the sbuddy Application, both parties shall attempt to settle the dispute by way of mediation, conducted by an independent mediator of their choice. Failing any settlement by the aforesaid means of dispute resolution the parties shall refer their dispute for resolution to arbitration, to be conducted by a sole arbitrator, the seat of such arbitration shall be New Delhi, India and the arbitration shall be conducted in terms of Indian Law. The parties agree to be bound by the outcome of such arbitration.

MISCELLANEOUS

If any provision of these terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.  

Place of jurisdiction, insofar as legally admissible, shall be New Delhi, India. This shall not impair any consumer jurisdiction forum competent for a dispute.

These terms and the contractual relationship shall be governed by Indian Law.

CONTENT DISCLAIMER

To the best of our knowledge, all information on the sbuddy Application is accurate and up-to-date at the time of publication. However, sbuddy makes no claim for the sbuddy Application to be complete, nor does it give any warranty, whatsoever on the accuracy of the content, uploaded by the users. While all our content is reviewed regularly, some of the information might have changed since the time of publication or the last review.

Please note that sbuddy is not responsible for the accuracy of and opinions expressed in member-contributed content.

PROPRIETARY RIGHTS

Sports Buddy Infotech Pvt. Ltd. owns and retains all proprietary rights of sbuddy, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of sbuddy and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of sbuddy or, if such property is not owned by sbuddy, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.