Terms of Service/Use
DISCLAIMER
WE ARE NOT A CLINICAL INTERVENTION OR A CRISIS PREVENTION HELPLINE. THIS WEBSITE AND/OR APP IS NOT A SUICIDE HELPLINE PLATFORM. IF YOU ARE EXPERIENCING SEVERE SYMPTOMS OR HAVING THOUGHTS ABOUT HARMING YOURSELF, PLEASE SEEK IMMEDIATE MEDICAL HELP OR CALL A SUICIDE PREVENTION HELPLINE SUCH AS AASRA (24×7 HELPLINE) +919820466726 OR SNEHA FOUNDATION TRUST (10 AM TO 10 PM HELPLINE) +914424640050
We are a provider of online and mobile medical fitness training content in the health and wellness space. We are not a health care or medical device provider, nor should any of our Products be considered as medical advice. Only your physician or other professional health care provider can do that. While there is third party evidence from research that mental fitness training assists in the prevention and recovery process for a wide array of conditions as well as in improving some performance.
THE INFORMATION ON THIS WEBSITE AND/OR APP IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION HEREIN IS PROVIDED BY NUDGE SPORTS PRIVATE LIMITED (“NSPL”). WHILE OUR ATTEMPT IS TO KEEP THE INFORMATION PROVIDED HERE RELEVANT AND UP TO DATE, WE MAKE NO REPRESENTATIONS OR CLAIMS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE AND/OR APP OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE AND/OR APP FOR ANY PURPOSE. THEREFORE, ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN DISCREETION AND RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONALLY, NSPL SHALL NOT BE LIABLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE APP AND THE SERVICES.
TERMS OF USE
These Terms of Use (“Terms”) are for our website www.nudgesports.in (“Website”), the mobile application provided by us (the “App”), or any services or products in connection with the Website and/or App or through any modes of registrations, usage of app modules and/or e-learning platform through computers, mobile phone, tablets or other storage/ transmitting device are between Nudge Sports Private Limited (“NSPL/ Company/we/us/ our”) having registered office at 2nd Floor, 12 A/5 Navjivan Colony, Mori Road, Mahim West, Mumbai, Maharashtra-400016 India and its users (“User/you/your’).
Please read the Terms of Use and the Privacy Policy of NSPL (“Privacy Policy”) with respect to registration with us, and the use of the Website, App and Services, carefully before using our Website, App and Services offered. By accessing, browsing and/or using our Website, App and the Services offered (with or without payment/with or without subscription) through any means shall signify your acceptance of the Terms and your agreement to be legally bound by the same. If you do not agree with these Terms, please do not use or access our Website, App or avail the Services. In the event of any discrepancy between the Terms and any other policies with respect to the Website, App and the Services, the provisions of the Terms shall prevail. By accessing or using the Website, you signify your agreement to be bound by the Terms and any other policies with respect to the Website, App and the Services.
If you are not an individual and are an incorporated/registered entity/institute/organization seeking to avail the Services of NSPL for your players/athletes/members/employees/students/coaches or any individuals registered with you then you may be required to enter into an agreement/memorandum of understanding with NSPL for this purpose. Each individual availing the services of NSPL under such agreement/memorandum of understanding shall be bound by these Terms and the Privacy Policy.
1. NSPL is a sport(s) and performance psychology consultancy services company and this Website/App is a general informational website and app developed to catalogue the various Services offered by us.
1.1. Our Services are primarily aimed at sportspersons (child and adult), coaches and parents. These Services are available not only through the App but also through direct consultations both online and in person. Our Website/App also offers specific product-based solutions related to the Services offered by us (“Products”).
1.2. Within the meaning of these Terms, the term “Services” shall mean to include individual sessions, e-learning courses, assessments, workshops, life skill programs, and Products or related services listed on our Website/App. Any access to our Services through registrations are non-transferable.
1.3. The information contained on our Website/App and additional resources available for download/perusal through this website or through third-party links is not intended as, and shall not be construed as, medical or health advice. While the professionals at NSPL address performance related to sports issues and mental health issues and the information provided on our Website/App relates to medical and/or health issues, the information contained on this Website/App is not construed to be substitute for medical or health advice from a professional who is well-versed with your individual facts, circumstances and traits.
2. YOUR ACCOUNT – NSPL offers you access to our unique Services by creating a special user account on our Website/App.
2.1. While creating an account on our Website/App you need to fill out following details: Your Name, Age, Gender, Role (Player/Guardian/Parent/Coach), Sport played, Academy affiliated with, Email Address, Password, Postal Address, Phone Number and Name of your Parent/Legal Guardian(if applicable). It is your sole responsibility to ensure that the account information provided by you is accurate, complete and up-to-date.
2.2. NSPL requires parents/legal guardians to be in control of user accounts opened for the benefit of minors (below 18 years of age); NSPL shall in no way be liable due to your failure to comply with this requirement. It will be your sole responsibility to update and ensure the correctness of the information provided by you while making an account on our Website and/or App.
2.3 NSPL reserves the right to terminate your access to the Services and/or Account, if it is found that the information provided by you is inaccurate, false, misleading or a misrepresentation in any way.
2.4. You shall be responsible for maintaining the confidentiality of your account information and for all the activities that occur using your account. You agree to ensure that you shall successfully log out from your account at the end of each session.
2.5. NSPL requests you to create only one account per user and avoid creating multiple accounts for one person as it will be difficult to track your progress information.
2.6. NSPL strictly prohibits you from sharing your account and login information with anyone else, with the intention of cheating or bypassing NSPL safety and security standards;
2.7. You agree to immediately notify us of any unauthorized use of your account. There is reason to believe that there is likely to be a breach of security or misuse of your account, we may request you to immediately change the password or we may suspend your account for such period of time as we deem appropriate in the circumstances without any liability or claims to the Company. We shall not be liable for any loss or damage or claim arising from your failure to comply with this provision.
2.8. The ability to use your account and services subscribed to is dependent upon external factors such as internet service providers and internet network availability and you acknowledge that the Company cannot guarantee accessibility to the Website and/or App and the Services at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable for any damages arising from your inability to log into your account and access the services of the Website and/or App at any time; including but not limited to when your account has been suspended for security issues breach/misuse.
3. You must be “competent/capable’” of contracting within the meaning of the Indian Contract Act, 1872 i.e., you must be at least 18 years of age or above to use our Website/App and avail Services offered.
3.1. We understand the Services we offer are also beneficial for individuals who have not attained the age of 18 years (“Minors”). Minors are not eligible to register and access our Website and/or App and/or the Services offered herein; our Website and/or App and/or Services shall be made available to Minors by their parents/legal guardians who will be considered to have agreed to these Terms. NSPL requires parents/legal guardians to be in control of user accounts opened for the benefit of Minors.
3.2. In the event that a Minor is utilizing our Website and/or App and/or Services, it is assumed that the Minor has obtained the consent of their parents/legal guardians and such use is being facilitated by the parents or legal guardians. NSPL reserves the right to terminate your registration/subscription and/or refuse to provide you with access to our Website and/or App and/or Services if it is discovered that you are under the age of 18 (eighteen) years and the consent to use our Website and/or App and/or Services has not been made by Minor’s parent/legal guardian or any information provided to us is inaccurate.
3.3. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on our Website and/or App.
3.4. You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria and it shall be your sole responsibility to ensure that you meet the required eligibility criteria at all times.
4. USAGE & SERVICES
4.1. You accept that you are participating in our offered Services by the virtue of your own free will and neither you nor anybody on your behalf shall hold NSPL or its officers, team, directors, shareholders, vendors, associates, consultants and/or affiliates liable for any actions/situations arising out of your use of our Website and/or App and Services. We do not make any representations or guarantees about the results or lack thereof, following your participation in our Services.
4.2. You recognize and understand that your ultimate success or lack thereof will be the result of your own efforts, your particular situation, and innumerable other external circumstances beyond the control and/or knowledge of NSPL.
4.3. You will be able to see and access the Services availed by you after signing into your account using your email address and password. Please note that no email notification shall be sent to you on successful registration for any of our Services.
4.4. Parents and/or legal guardians cannot create their own accounts using their mobile phone number and OTP; and they shall be provided with the progress tracking access for their child after proper authorization and verification.
4.5. Similarly, coaches and coaching Institutes can create their own accounts using their mobile phone number and OTP; and they shall be provided with the progress tracking access for the athletes enrolled with them after proper authorization, verification and documentation provided by the coaches/coaching institute/athlete/parent/legal guardians for the same. When required, it will be the responsibility of the parents and/or athlete(s) themselves to inform and request NSPL for removal of their account from the catalogue of athletes enrolled with coaches and/or coaching institute.
4.6. You understand that we are not a fully automated Website and/or App; for example, even if you book and pre-pay for an online counselling session, either a NSPL team member will contact you to set up time for your availed service or you can proactively get in touch with NSPL team to set up time for your appointment.
4.7. The free and/or online assessment (automated) is meant for educational purpose only and is generic in nature. It does not constitute professional assessment or advice about your personality or mental profile. NSPL shall not be liable for any harm, loss or misunderstanding that arises out of performing the assessment.
4.8. We value your time as well as that of our NSPL psychologists or vendors and we want you to make the most of your time in every session. Hence, your timely attendance is important and we have strict policy against frequent absenteeism, cancellations or late-coming.
4.11. We reserve the right to discontinue or modify workshops at our own discretion due to any reason whatsoever without being liable to anyone regarding the Services offered by us.
4.12. We have introduced a new feature in the form of a subscription facility to avail some of the Services and content on our Website and/or App. Some of the content on our Website and/or App can only be accessed if you have a registered account on NSPL Website and/or App and have paid for the subscription plan. The subscription service renders access to the content on our Website and/or App for the duration of the valid subscription. The Subscription plans can be availed on either quarterly or annual basis. Subscription once booked and paid for CANNOT BE CANCELLED, REFUNDED, CHANGED or MODIFIED under any circumstances. The Subscription once availed CANNOT BE PAUSED or RESUMED under any circumstances. The subscription service does not have the feature of auto-renewal and it will come to an end after the stipulated time period runs out. Please note that availing subscription to the Services or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of content and certain elements of Services.
4.13. Any access to our Website/App/Services through registration or subscription is non-transferable and hence cannot be gifted to others. NSPL may grant access to some modules or Services before availing subscription but it will be at sole discretion of NSPL to continue, modify, cancel this facility without any prior notice to users. NSPL shall have the discretion to make certain content that is a part of the subscription available to you on more than one end user Compatible System concurrently. NSPL shall also have the discretion to make certain content that is a part of the subscription available to you on not more than one end user device concurrently.
4.14. All users including coaches and/or coaching institutes registering with us, are actively discouraged from screen recording, broadcasting, demonstrating, live-casting, teaching, performing any and all content and/or services made available to them through NSPL subscription, for public at large. Any violation of this will be deemed as breach of contract and trust, and shall result in legal action against every person and/or institute involved.
4.15 Any links to other websites contained on our Website are provided solely as a convenience to you, and NSPL does not endorse the contents of any such website and may terminate any such link at any time. Such websites are not under NSPL’s control, and NSPL is not responsible for their contents. If you decide to access the linked sites, you do so at your own risk. In addition, your use of linked sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the linked site’s privacy policy. Any inclusion of such links shall not imply/be interpreted as an endorsement of the owner/sponsor of the website or the content of the website. NSPL disclaims all warranties, express and implied as to accuracy, validity, and legality or otherwise of any materials or information contained on such websites.
5. PAYMENT TERMS
NSPL is a Goods and Service Tax (“GST”) registered company and all our invoices are GST compliant as per applicable law.
5.1. We do not store your debit/credit card or UPI or net banking details. All monetary processing and transactions are done through a secure third-party payment gateway provided by “Kotak Mahindra Bank”. (You may need to refer Kotak Mahindra Bank’s Terms & Conditions).
5.2. You agree to pre-pay in full for all the online or phone-based services (sessions and products) availed through or on our Website and/or App. Currently, we do not offer cash-on-delivery, instalments, EMI on services availed on our Website and/or App.
5.3. By booking an appointment through our Website and/or App and making payment for it, you imply your agreement to our payment terms.
5.4. You will be required to furnish your full postal address to us in order to fulfil Product/merchandise requests or to send physical copy of certificates (on successful completion of Services that offer certificates) that need to be sent to your location.
5.5. You shall receive payment confirmation email only after you have successfully registered and paid for the Service(s) availed by you.
6. USER CONDUCT
6.1. You may use our Website for lawful purposes only. You may not use this Website to conduct any illegal or immoral activity or any activity that violates the rights of others and you shall take no action which might cause NSPL to be in breach of any laws, rulings or regulations applicable to NSPL.
6.2. You shall not post or transmit through the Website, any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, cyber bullying, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
6.3. You agree not to attempt the following prohibited activities:
(a) copying, distributing, or disclosing any part of the Website in any medium; (b) transmitting spam, chain letters, or other unsolicited email; (c) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (d) taking any action that imposes, or may impose (at our sole discretion) an unreasonable or disproportionately large load on our infrastructure, for example, attempt to overload or make this Website unavailable through denial-of-service attacks or similar means or use this Website in a manner that could damage, disable or impair this Website; (e) uploading invalid data, viruses, worms, or other software agents through the Website; (f) collecting or harvesting any personally identifiable information, including account names, from the Website; (f) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content; (g) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (h) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; (i) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein; (j) use any robot, spider, scraper, automated scripts or other automated means to access this Website; (k) You will not interfere with, disrupt or gain, or attempt to interfere with, disrupt or gain unauthorised access of any NSPL servers, networks, computer systems or equipment connected to a Site or App apparatus.
6.4. You agree to not record or retain any of the Services or their content offered online, phone-based or in-person using any means or forms unless it is allowed by NSPL specifically in writing.
7. PAYMENT, RESCHEDULING, REFUND & CANCELLATION RULES
7.1. The third-party service providers with respect to our payment gateway and payment processing are compliant with the standards followed by payment industry and you shall be required to refer these third-party refund rules & procedures regarding transaction process failure.
7.2. In the event that NSPL suspends or terminates your access or account on our website and/or App, you understand and agree that you shall receive NO REFUND for any ongoing services that may have been availed by you prior to your termination. Further, you shall destroy any copies you may have made of any portion of the Content. Accessing the Website and/or the App after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, you agree that NSPL shall not be liable to you or to any third party for any termination or suspension of your access to the Websiteand/or the App, information and/or the Services.
7.3. You shall be required to make full payment for undertaking online assessments. Payment made for an online assessment shall NOT BE REFUNDED even if you choose not to undergo the assessment availed.
7.4. Individual Counselling Session – You shall be required to make full payment for individual counseling session (mental training program) at the time of the booking (before commencement of first session of the program). Payment made for individual counselling session shall NOT BE REFUNDED UPON YOUR CANCELLATION of the scheduled individual counselling session. You may reschedule your individual counselling session 24 (twenty four) hours prior to the start time of the originally scheduled individual counselling session without incurring additional charges. If you reschedule your individual counselling session within 24 (twenty four) hours of start time of your originally scheduled individual counselling session then full charges shall be applicable and NO REFUND shall be granted. If you fail to attend originally scheduled session or rescheduled session, NO REFUND shall be granted to you. You are not permitted to reschedule your individual counselling session for more than 2 (two) times consecutively; beyond which full charges shall be applicable and NO REFUND shall be granted. Any subsequent individual counselling session scheduled by you shall be considered as a new booking. Rescheduling facility is subject to availability of requested rescheduling spot, NSPL shall not be held liable if we fail to provide a rescheduling spot and full charges may be applicable.
7.5 Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
8. CONFIDENTIALITY
8.1. You understand and agree that NSPL reserves the right to record the Services being offered online, phone-based or in-person. We shall retain the data as long as your account is active and for 7 (seven) years afterwards.
8.2. You agree that the Content or any part thereof, including but not limited to worksheets and techniques shared with you during the course of various Services offered on our Website and/or App, is not to be shared with any individual for any reason whatsoever.
8.3. NSPL understands the sanctity of information discussed in Services offered by us and we take our best efforts to ensure safety of the information and keep it confidential. NSPL reserves the right to use information, after anonymizing it, for academic purposes, content generation, success stories, publication purposes, marketing purposes and related Services.
8.4. Discussions with you in the individual counselling sessions, workshops, programs are strictly confidential and NSPL endeavours not to disclose the details or the information to any third party, unless there is sufficient reason for NSPL to believe the possibility of any self-harm physical and/or psychological or harm to others occurring out of your actions.
8.5. You are required to sign our Client Confidentiality Contract (CCC) if you wish to avail our Services of individual counselling sessions, workshops and programs.
8.6. You understand that no method of transmitting or storing electronic data is ever completely secure, and we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this policy. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing, or otherwise offering any definitive promise of security in connection with your Information. Please refer to our Privacy Policy available on the Website of NSPL.
9. UPDATES
NSPL reserves the right to change, modify, update, suspend, or discontinue and/or eliminate any aspect(s), feature(s) or functionality of the Website and/or App and/or the Services as it deems fit at any time without any prior notice. Further, NSPL has the right to amend these Terms from time to time without any prior notice to you. Your continued usage of the Website and/or the App after any changes to these Terms will be deemed as acceptance of such changes. NSPL makes no commitment, express or implied, to maintain or continue any aspect of the App. You agree that NSPL shall not be liable for any modification, suspension or discontinuance of the Website and/or App and/or the Services by you or any third-party. All prices for any Services provided by us are subject to change without any prior notice.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. All content featured on this Website, App, Services, teaching method/sessions including any images, audio and video, questionnaires, materials, documents, text, designs, graphics, formats, tables, compilations, etc. (“Content“) are owned or licensed by NSPL, and the Content is considered as our proprietary information which is protected by Indian and international copyright laws as applicable.
10.2. Any unauthorised use of our Content or any part thereof or any use of our Content for purposes other than specifically provided for by us, is strictly prohibited. NSPL reserves the right to proceed for any legal remedy including any civil or criminal legal action available against anyone found violating the terms of this clause.
10.3. You are not permitted to reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the content on our Website and/or App or any part thereof in any form or by any means, electronic or mechanical, including but not limited to photocopying, audio recording, screen recording or by any information storage or retrieval system, except as expressly permitted by NSPL in writing.
10.4. You will not remove, modify, amend, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Content.
10.5. If you believe that NSPL or any of our Services violate your intellectual property, you must promptly notify NSPL in writing at contactus@nudgesports.in. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the NSPL Website, App and Services. You are required to provide the following details in your notice:
a) The intellectual property that you believe is being infringed;
b) The item that you think is infringing and include sufficient information about where the material is located on the NSPL Website / App;
c) A statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the platform;
d) Your contact details, such as your address, telephone number, and/or email;
e) A statement that the information you provided in your notice is accurate, true, not misleading and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
f) Your physical or electronic signature.
Post submission of the information mentioned above, you may further be called upon to submit any additional information as requested by NSPL.
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless NSPL, its directors, officers, shareholders, employees, consultants and agents, from and against any and all claims, damages, obligations, losses, penalties, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Website and/or the App and/or the Services; (ii) Your violation of any term of these Terms or any other policy of NSPL; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your use of the Website and/or the App and/or the Services has caused damage to a third party. You agree that this defense and indemnification obligation will survive these Terms.
12. Any violation by you of the Terms may result in immediate suspension or termination of your account apart from any legal remedy that NSPL may avail. In such instances, NSPL reserves the right to disclose your account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability as per applicable laws. Why is this termed 12? Usually sections have numbers? Is a section head missing here?
13. PRIVACY
By using this Site, you acknowledge and accept our Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy. By using this Site, you acknowledge that internet transmissions are never completely private or secure. You understand that any messages, sessions or information you send through this Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
14. LIMITATION OF LIABILITY
14.1. In no event will NSPL, our directors, shareholders or our vendors, consultants, affiliates or any party involved in creating, producing, or delivering the Website and/or the App be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the Website or any linked sites/ App/Services, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if NSPL has been advised of the possibility of such damage.
14.2. By use of the Website/the App and the Services, you acknowledge that you are solely responsible for any and all actions, liabilities, consequences, decisions, behaviours (“conduct”) arising out of or in connection with the use of the Website and/or the App and/or the Services, and shall in no way hold NSPL and/or its directors, shareholders, vendors, consultants, affiliates and associates be responsible.
14.3. NSPL shall have no responsibility for any loss or damage caused to your computer, tablet, mobile phone or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from your use of our Services.
15. JURISDICTION
In the event of your breach of these Terms, you agree that NSPL will be irreparably harmed and may not have an adequate remedy merely in the form of money or damages or specific performance. In such an event, NSPL shall be entitled to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Mumbai, Maharashtra and you hereby consent to and accept the jurisdiction of such courts.
16. ARBITRATION
16.1. For any dispute with NSPL, you agree to first contact us at contactus@nudgesports.in and attempt to resolve the dispute with us informally.
16.2. In the event that NSPL has been unable to resolve the dispute with you after attempting to do so informally, we each agree that any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Terms to arbitrate, or to your use of the Website and/or the App or its features or the information to which it gives access, shall be determined by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. NSPL shall appoint a sole arbitrator. The arbitration award shall be final and binding on you and NSPL. The arbitrator shall have no authority to award punitive, consequential or other damages beyond the prevailing party’s actual damages (other than reasonable attorney’s fees and other costs of arbitration). Subject to the above, you and NSPL shall be subject to the exclusive jurisdiction of the courts of Mumbai. All proceedings of such arbitration, including but not limited, to any awards, shall be in the English language. The seat and venue of arbitration shall be Mumbai. You agree that arbitration shall be the exclusive forum for adjudication of the dispute, provided that such demand precedes the filing of a complaint in any court of competent jurisdiction.
16.3. NSPL and you shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Terms.
17. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, and any other policies or guidelines made applicable to our Website from time to time, constitute the entire agreement between NSPL and you with respect to your access or use of the Website and the Services offered.
18. SEVERABILITY
If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, or be severed from the Terms and the remainder of the Terms shall continue in full force and effect.
19. WAIVER
Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
20. COMMUNICATION
All notices served by NSPL shall be provided via email or as a general notification to your account on the Website and/or the App. Any notice to be provided to the Company should be sent to contactus@nudgesports.in
21. ASSIGNMENT
You may not assign or otherwise transfer your obligations under these Terms or any right granted hereunder to any third party. NSPL’s rights under these Terms are freely transferable to any third parties without the requirement of seeking your consent.
22. FORCE MAJEURE
NSPL shall not be liable for any downtime or delay or unavailability of our Website caused by circumstances beyond NSPL’s reasonable control, including but not limited to acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, denial of service attacks.
23. RELATIONSHIP
You acknowledge that your participation on the Website and/or App, does not make you an employee or agency or partnership or joint venture or franchise of the Company. NSPL provides these Terms so that you are aware of the terms that apply to your use of our Website and Services. You acknowledge that, NSPL has given you a reasonable opportunity to review these Terms and that you have agreed to them.
24. ENFORCEMENT
You acknowledge that the restrictions provided for in these Terms are reasonable and NSPL has relied upon them in making the Website/the APP and other Services including webinars, courses and workshops available to you. If you directly or indirectly attempt to use any information or know-how obtained from them in violation of these Terms, NSPL shall have the legal right to the remedy of injunction, specific performance or other equitable relief enjoining or otherwise prohibiting such acts or attempts.
25. HEADINGS
Clause, section, paragraph or provision headings contained in there are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
26. REFERENCE
Any reference to any statute or legislation shall, unless otherwise indicated, be a reference to the statute or legislation of India and includes any statutory modification or re-enactment thereof.
These Terms constitute an electronic document record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.