Terms of Use – Rajasthan Royals

Terms of Use

THE RR MERCHANDISE PLATFORM

TERMS OF SERVICE

           I.         ACCEPTANCE OF TERMS OF SERVICE

Thank you for using The RR Merchandise Platform (“RR Merchandise Platform”), these terms of service (“Terms”) entered into between you and Royal Multisport Private Limited (“RMPL”) intend to capture the legal rights and obligations arising from your use of the RR Merchandise Platform as an independent user (“User”). RMPL owns and operates the Rajasthan Royals cricketing franchise (“RR Team”) and facilitates their management and administration towards their participation in the Indian Premier League (“IPL”). RMPL intends to create a platform on its website and a mobile application for the sale of official merchandise of the RR Team (“Merchandise”) by the vendors to whom RMPL has provided a non-exclusive brand license to manufacture and sell the Merchandise (“Licensees”). Through the use of the RR Merchandise Platform, you shall be provided with access to the services for purchase of the Merchandise provided to you by the Licensees.

As a User, on creation of a User Profile (defined hereafter) and on utilization of the services provided on the RR Merchandise Platform, you shall agree to abide by and be subject to the terms and provisions set forth under these Terms.

Accordingly, by accessing the RR Merchandise Platform and clicking “Accept”, you have agreed to utilize the RR Merchandise Platform at your own risk and agree that you have carefully read and accepted the terms and conditions set out hereunder and further acknowledge that your use of and association with the RR Merchandise Platform shall be subject to the provisions of these Terms. By agreeing to utilize the RR Merchandise Platform and accepting the terms and conditions set out hereunder, you hereby agree that you have permitted RMPL to use the personal data and information provided by you in connection with the creation of the User Profile, any details in relation to any Orders placed, cancelled or returned by you, and such other information, data and materials (whether audio - visual or otherwise) in connection with the utilization of the RR Merchandise Platform.

These Terms shall constitute an electronic record within the meaning of the Information Technology Act, 2000, the ancillary rules made thereunder and all other applicable laws as amended from time to time. It is clarified that this electronic record is generated by a computer system and does not require any physical or digital signatures by RMPL, User, Licensees or any other person.

         II.         DEFINITIONS AND INTERPRETATION

  1. Definitions
  2. Applicable Law” shall mean the application of law, regulation, ordinance, rule, judgment, order, decree, clearance, approval, directive, guideline, notification, circular, policy requirement, governmental restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any governmental authority or governmental department or statutory authority or regulatory authority (having a binding effect) whether in effect as of the date of these Terms or thereafter and in each case as amended, as applicable to a Party;
  3. BCCI” shall mean the Board of Control for Cricket in India
  4. Business Day” shall mean any day (other than a Saturday or Sunday) on which banks are generally open for business in Mumbai, India;
  5. Confidential Information” shall mean any and all information, provided by RMPL to the User(s), during the term of their association with and usage of the RR Merchandise Platform under these Terms, including without limitation information related to the Team, business, trade secrets, team strategies, plans, team tactics, copyrighted information, proprietary information, intellectual property (either owned by or licensed to RMPL), marketing information, computer software, programs, contractual relationships, existing and proposed contracts or businesses, business forecasts and plans, new businesses, negotiations and discussions, programs, processes, methodology and RMPL supported ventures like the cricket academy and schools, past and current financial records, financial information, and/or any other such information either related to the Team, its players, other support staff members, management or employees, shareholders or owners of the Team.
  6. Effective Date” shall be the date on which these Terms shall come into force.
  7. Force Majeure Event” shall mean any event due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, accident, acts of God, civil commotion, pandemic (including but not limited to COVID-19), strikes or industrial action of any kind, riots, insurrection, war, pandemic, (and the use of any derelict weapons of war including bombs, torpedoes, bio-chemical war weapons, atomic weapons, weapons employing nuclear fission or radioactive materials), the use or operation, as a means for inflicting harm, of any computer, computer system, computer software, computer software programme, malicious code, computer virus or process or any other electronic system, terrorism, change in schedules, rules, regulations or guidelines of the IPL and/or BCCI, or the cancellation or rescheduling of any matches of the IPL.
  8. ICC” shall mean The International Cricket Council;
  9. Intellectual Property Rights” shall mean and include any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (i) rights associated with works of authorship world-wide; including but not limited to copyrights, moral rights, and mask-works; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights, (iv) patents, designs, algorithms and other industrial property rights; (v) rights associated with the RMPL trademarks, logo and other brand elements; (vi) all intellectual property rights in connection with the development and operation and use of the RR Merchandise Platform (including all software updates, modifications and revisions thereto); (vii) all other intellectual and industrial property rights (of every kind and nature world-wide and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise; and (viii) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force.
  10. Order” shall mean the order for purchase of Merchandise placed by the User on the RR Merchandise Platform directly to the Licensee.
  11. Services” shall mean the facilitation of purchase of Merchandise by the User through the RR Merchandise Platform.
  12. Interpretation

Under these Terms unless the context otherwise requires:

  1. Word and numbers denoting the singular number shall include the plural and vice – versa.
  2. A reference to any “Person” shall mean and include an individual, natural person, body corporate, partnership, joint venture, incorporated or unincorporated body or association, company, and governmental authority.
  3. Reference to days/ month/ year shall mean calendar days/month/year.
  4. Any reference to a statute or statutory provision shall be construed as a reference to such provisions as from time to time amended, consolidated, modified, extended, re-enacted or superseded.
  5. A reference to a clause, section or paragraph is, unless indicated to the contrary, shall be construed as a reference to a clause, section or paragraph of these Terms.
  6. A reference “includes” means includes without limitation.
  7. “INR” or “Rupees” means the official currency of India.
  8. If the day on which any act, matter or thing is to be done pursuant to these Terms, and which is not a Business Day, then that act, matter or thing must be done on the next succeeding Business Day.

       III.         NATURE OF SERVICE

RMPL proposes to develop a technology platform which shall act as a marketplace for the Users to purchase the Merchandise sold by the Licensees by way of the RR Merchandise Platform termed. The RR Merchandise Platform invites Users to register and avail the Services through the digital interface provided by the RR Merchandise Platform subject to the payment of a Purchase Consideration (defined hereafter). The User(s) hereby agree and acknowledge that RMPL have merely agreed to serve as facilitators in relation to the purchase of the Merchandise by providing a digital medium, through the RR Merchandise Platform, to allow the individual User(s) to avail the Merchandise sold by the Licensees, in the manner as set out under these Terms.

The User further understands and acknowledges that the Licensees have agreed to sell the Merchandise on the RR Merchandise Platform in their capacity as independent licensees of RMPL. The User hereby acknowledges that the Licensees are not in any manner considered to be bound to RMPL. The User further agrees that the User may, in the exercise of their independent judgement and at their sole discretion, select the products offered by the Licensees based on the information and the details of the products provided through product description on the RR Merchandise Platform and that RMPL shall merely be facilitating the provision of the information relating to the products and the management of the RR Merchandise Platform.

RMPL provides that all the products provided by the Licensees shall be independently provided and RMPL shall under no circumstance be responsible for the quality of the products provided through the RR Merchandise Platform and RMPL in no manner exerts any form of control on the products offered by the Licensees.

       IV.         MANNER OF PROVISION OF THE SERVICES

  1. User Profile
  2. Upon visiting the RR Merchandise Platform, the User would be permitted to access the RR Merchandise Platform and would be permitted to view the details of the Merchandise provided on the RR Merchandise Platform. Further, the User would be permitted to access and utilize any non- chargeable services provided on the RR Merchandise Platform to all Users upon access of the RR Merchandise Platform. The access to the RR Merchandise Platform and the utilization of all non- chargeable services would be provided to all Users including those Users who have not created a User Profile on the RR Merchandise Platform.
  3. The User in order to avail of the place Orders for the purchase of Merchandise would require to register their details with the RR Merchandise Platform.
  4. The RR Merchandise Platform may be accessed through the RMPL website or the mobile application may be downloaded on any Apple iOS, Android, Microsoft Windows, or Blackberry powered mobile devices.
  5. On successful access to/installation of the RR Merchandise Platform, the User would be required to create a User Profile (defined hereafter). The User will be required to provide their personal information including but not limited to name, age, date of birth, gender, email address, contact number, place of residence, payment details, proof of identification including Aadhaar details, PAN card details, Passport details, Voter Identification, Driving License or any other form of personal identification as accepted under Applicable Law from time to time and further the User would require to accede to the terms and conditions as provided under these Terms (“User Profile”). The User may, from time to time, be asked to verify and update the details of the User Profile on the RR Merchandise Platform.
  6. The User hereby confirms that all the information provided by the User in relation to the creation of the User Profile is complete, true and accurate in all respects. RMPL shall suo moto have the right to terminate the User Profile and refuse access to the User if any of the information provided by the User is found to be false, inaccurate or misleading.
  7. On creation of the User Profile, the User may be require to provide further information from time to time to enable the RR Merchandise Platform to provide it with appropriate services including User’s purchase preference, purchase history and User’s grievances and concerns.
  8. On completion of the User Profile including providing of any additional information as required by the RR Merchandise Platform, the User may proceed to view product details and other relevant information available on the RR Merchandise Platform regarding the Merchandise required to provide the User with an opportunity to assess and purchase the product.
  9. The User Profile will serve as the single source of information recording all data and activity of the User on the RR Merchandise Platform. Through the User Profile, the User will be able to access the details of the previous Orders placed by the User, the details of the current and pending Orders of the User, the status of the pending Orders placed by the User and any grievances or concerns raised by the User on the RR Merchandise Platform.
  10. The User agrees and undertakes to be responsible to maintain the confidentiality of the User Profile and the password created by the User for access to the RR Merchandise Platform. The User shall be solely responsible to take all necessary steps to ensure that the details of the User Profile like the username and password (“Login Details”) is kept confidential and secure and that prevent any unauthorized access to the User Profile.
  11. The User shall immediately inform RMPL if the User has reason to believe that the security of the User Profile has been or is likely to be breached or the Login Details of the User has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
  12. Marketplace Platform
  13. The User agrees and acknowledges that the RR Merchandise Platform is merely an online platform which enables the User to purchase the Merchandise listed on the RR Merchandise Platform at the prices determined by the Licensees and indicated therein. The User further acknowledges that RMPL is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the RR Merchandise Platform. Accordingly, the contract of sale of Merchandise on the RR Merchandise Platform shall be a strictly bipartite contract between the User and the Licensees.
  14. Product Information
  15. The User may, view the description and check the availability of a specific product offered for sale by the Licensee on the RR Merchandise Platform.
  16. The User acknowledges that the description and other details in relation to the Merchandise available on the RR Merchandise Platform has been provided by the Licensee and RMPL shall in no way be liable for the accuracy, reliability or completeness of the information provided.
  17. RMPL does not make any representation and warranties in relation to the product description including but not limited to the size, value, availability or legal title of the Merchandise offered for sale by the Licensees on the RR Merchandise Platform and that RMPL shall not be liable for any actions arising out of any errors, omissions, negligence or any other actions arising in relation to the Merchandise sold on the RR Merchandise Platform.
  18. RMPL reserves the right to add, remove, edit, change or update any information, errors, omissions or inaccuracies relating to the Merchandise including but not limited to product description, availability or price at any point in time including after placing of the Order by the User.

 

 

  1. Purchase of the Product
  2. The User may, on selection of the desired Merchandise offered for sale by the Licensees on the RR Merchandise Platform, proceed to purchase the same from the RR Merchandise Platform by placing an Order.
  3. Upon successfully placing the Order, the User shall receive a notification confirming the Order along with the other details pertaining to the Order including but not limited to order details, total price, expected timeline of delivery, etc.
  4. The User shall separately receive an invoice containing the details of the product, the total price and the details of the Licensee.
  5. The User acknowledges that RMPL does not make any representation in relation to the quality, size, colour, reliability, sustainability, performance or safety of the product purchased by the User from the RR Merchandise Platform which shall be the sole responsibility and liability of the Licensee. The Licensee shall be solely responsible for the warranty and/or guarantee, and after sale service, if any, in respect of the Merchandise sold by such Licensee.
  6. The User may post reviews, comments or other content including suggestions, ideas, questions, ratings, etc. in relation to the products purchased by such User as long as such content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violative of these Terms or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, or any form of spam. The User hereby acknowledges that the User shall be solely responsible for any content submitted by the User and the consequences of submitting and publishing such content on the RR Merchandise Platform.
  7. RMPL shall, at its sole discretion, have the right to remove or delete any content submitted by the user which RMPL considers to be false, misleading or may be in violation of the standards laid by RMPL in the aforementioned point.
  8. Payments
  9. The User would be required to pay a purchase consideration in order to purchase any Merchandise offered by the Licensee through the RR Merchandise Platform. (“Purchase Consideration”)
  10. Such Purchase Consideration may be paid by the User at the time of purchasing of the Merchandise and such payment would be required to be made by way of an electronic payment gateway mechanism provided by Razorpay. On selecting the option to make an online payment, the User would be permitted to make such payment by way of debit/credit card, internet banking, Unified Payments Interface (UPI) and as well as e – wallet services. The mobile data rate and messaging rate of Razorpay shall be applicable to such payments and the User undertakes to bear all such charges incurred in the course of processing the payment. The User shall have the option to pay the Purchase Consideration in cash at the time of taking delivery of the Order.

Further, it is hereby clarified that any charges arising on account of payment of the Purchase Consideration by a non- resident or foreign resident User in any foreign currency recognized in accordance with the extant exchange control regulations in the territory of India, would be borne by the User.

  1. The Purchase Consideration would be the price listed against the product description of every Merchandise listed under the RR Merchandise Platform (exclusive of all applicable taxes and GST). The Licensees hereby reserves the right at any time and in its sole discretion to revise the Purchase Consideration, and RMPL would not be liable for any such revisions.
  2. Upon confirmation of receipt of such payment in respect of Purchase Consideration, the Licensee would provide the User with an appropriate tax invoice recording such payment.
  3. It is hereby clarified that the Purchase Consideration payable by the User would be paid as consideration for the purchase of the Merchandise by the User under the RR Merchandise Platform and shall not be regarded as a payment for any other service provided under the RR Merchandise Platform or the RMPL website. The Purchase Consideration payable by the User shall be as determined by the Licensee and shall at no time and on account be held as indicative of the quality, nature and form of the Merchandise that is purchased by the User from the RR Merchandise Platform.
  4. Continued Use of the RR Merchandise Platform
  5. The User shall be permitted to have continued access to the RR Merchandise Platform for such period as the User shall continue to maintain a valid and duly updated User Profile on the RR Merchandise Platform.
  6. Such access shall continue even during the period that the User has ‘signed out’ of the RR Merchandise Platform, however in order to subsequently use the RR Merchandise Platform the User would require to ‘log -in’ again to access the RR Merchandise Platform and services provided thereunder.
  7. In the event that the User wishes to discontinue such use of the RR Merchandise Platform, the User would be required to delete the User Profile on the RR Merchandise Platform. The User would be able delete the User Profile on accessing the following path: User Profile >> Account and Privacy>> Delete User Profile.
  8. The User hereby agrees that the User shall continue to be bound by the confidentiality obligations of the RR Merchandise Platform even after the deletion of the User Profile and further on deletion of their User Profile the User shall undertake to delete all such data, information and such other Confidential Information provided by RMPL to the User in connection with their association with the RR Merchandise Platform.
  9. The User hereby further agrees that any information provided or content submitted by the User shall be provided at the User’s sole discretion and risk. The User understands that RMPL does not guarantee any confidentiality with respect to any user content, information or personal data submitted by the User during the use of the RR Merchandise Platform.
  10. Refund/Return/Cancellation
  11. In case a User wishes to cancel the Order placed by the User on the RR Merchandise Platform, the User may place a cancellation request (“Cancellation Request”), by accessing the “Refund/Return/Cancellation” section on the RR Merchandise Platform and following the procedure for cancellation of Order as prescribed thereunder.
  12. The Licensee undertakes to process the refund (“Refund”), if applicable, within 3 (three) to 5 (five) Business Days from the date of receipt of the Cancellation Request of the User. The details of the Refund shall be duly updated on the RR Merchandise Platform once such refund has been processed at Licensee’s end. However, RMPL provides that RMPL shall in no manner be liable for the additional time required by the Licensee, Razorpay and the User’s bank account to reflect such refund of the Purchase Consideration to the User’s account.
  13. In case a User wishes to return the Order placed by the User on the RR Merchandise Platform, the User may place a return request (“Return Request”), by accessing the “Refund/Return/Cancellation” section on the RR Merchandise Platform and following the procedure for return of Order as prescribed thereunder.
  14. A User may be placing a Return Request within a period of Fifteen (15) days from the date of delivery of the product to the User (“Return Period”). The return shall be accepted only if the Merchandise delivered pursuant to the Order placed by the User are damaged, defective or different from the description as provided in the product detail (“Returned Products”). It is hereby clarified that in such event that the User places a Return Request on the expiry of the Return Period, the User would not be entitled to receive a refund of the Purchase Consideration charged from the User.
  15. The Licensee undertakes to process the Refund, if applicable, within 3 (three) to 5 (five) Business Days from the date of receipt of the Returned Products of the User. The details of the Refund shall be duly updated on the RR Merchandise Platform once such refund has been processed at the Licensee’s end. However, RMPL provides that RMPL shall in no manner be liable for the additional time required by Razorpay and the Licensee, User’s bank account to reflect such refund of the Purchase Consideration to the User’s account.
  16. No products will be accepted for return if the User has damaged the product, or there is a change in the quality, quantity and other features and characteristics of the product or the User is not attempting to return the exact product ordered by such User.
  17. User Queries and User Complaint
  18. The User may raise any complaints, queries and concerns (“User Complaint”) regarding the fulfilment of the Order, quality of the Merchandise, pricing of the Merchandise, payment details and such other compliant or grievance arising in connection with the User’s utilization of services on the RR Merchandise Platform.
  19. Such User Compliant may be raised by way of raising a complaint with the customer care executives of the RR Merchandise Platform (“Customer Care Executive”) and record a grievance through writing to RMPL at merchandise.support@rajasthanroyals.com. The User hereby agrees that any toll, data charges or additional call charges arising from raising a telephonic/email grievance will be borne by the User.
  20. Additionally, the User may through accessing the “Help” section on the RR Merchandise Platform raise a User Compliant which shall be responded to by the Customer Care Executives of the RR Merchandise Platform. The User hereby understands that in order to address the Query raised the relevant Customer Care Executive may require the User to provide supporting details (including but not limited to details of payment of the Purchase Consideration, details of communication of the User with the Licensee, details of the Order placed and such other details as may be required by the customer service representative) in order to appropriately the User Complaint raised by the User.
  21. RMPL undertakes that all User Complaints’ raised by the User(s) shall be appropriately resolved (including the resolution of any follow up queries to the User Complaint raised by any User) within a period not exceeding 3 (three) Business Days.
  22. In the event the User is dissatisfied with the response provided by the relevant Customer Care Executive (including but not limited to any delay in the resolution of the User Complaint, provision of inadequate response) or any additional issues faced by the User regarding the conduct of the relevant Customer Care Executive and issues regarding the nature of response provided to the User Complaint, the User may contact the following grievance redressal representative (“Grievance Redressal Representative”):

Name: Apurva Gade

Designation: Merchandise & Operations Manager

Email Address: apura.gade@rajasthanroyals.com

The Grievance Redressal Representative hereby agrees that the grievances raised by the User(s) shall be duly acknowledged within 2 (two) Business Days of the receipt of such User grievance and the Grievance Redressal Representative shall undertake to redress all grievances raised by the User(s) within a period of 30 (thirty) days from the receipt of User grievance.

         V.         USER REQUIREMENTS AND CONDUCT

  1. The User hereby undertakes that the User is of 18 (eighteen) years of age and the User is of sound mind and by virtue of accessing/downloading and using the RR Merchandise Platform the User has hereby accorded their unencumbered consent to these Terms and hereby undertakes to abide by the Terms at all times.
  2. The User further undertakes that the User shall not be permitted to assign or allocate the right to use and receive the benefits of the RR Merchandise Platform to any third party or any other Person.
  3. The User hereby undertakes that the User shall be the sole identified user of the RR Merchandise Platform and the User Profile created by the User shall not be used, operated or assigned to any such third party not identified as a User for the purpose of the User Profile including but not limited to; (i) any person who is a minor and not of 18 (eighteen) years of age as on the date of these Terms; (ii) any person who is not of sound mind; and (iii) is not legally competent to enter into a contract.
  4. During the term of use of the RR Merchandise Platform the User hereby undertakes that he/she shall ensure compliance with all Applicable Law(s) at all times and you shall ensure that the actions undertaken by the User shall not be prejudicial to RMPL and shall not result in any disrepute to RMPL, the RR Team and their associates and affiliates.
  5. The User hereby undertakes to ensure compliance with the extant regulatory framework regulating anti-corruption anti – money laundering activities, including the provisions of the Prevention of Money Laundering Act, 2002.
  6. The User hereby acknowledges that the delivery and fulfilment of the Order to the User will be treated as final and conclusive in nature and the User would not be entitled to demand any further response or clarification further to the receipt of the Order.
  7. The User further undertakes and acknowledges that RMPL shall be the owner of and shall retain all Intellectual Property Rights over the RR Merchandise Platform, and any other content, information and documentation disclosed in connection with the User’s association and use of the RR Merchandise Platform.
  8. The User hereby acknowledges that RMPL would be permitted to utilize the personal data and information provided by the User in connection with the creation of the User Profile, content submitted by the User, and such other information, data and materials (whether audio - visual or otherwise) in connection with the utilization of the RR Merchandise Platform. The User hereby unequivocally waives the right from seeking any relief with respect to any claims, actions, legal proceedings and injunctive relief or any remedy in this regard, available under applicable privacy laws in India (including the Information Technology (Amendment) Act, 2008 (and any Rules issued thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011)).
  9. The User hereby unequivocally undertakes to ensure that the User will not perform any action (and shall not assist or support any third party to) modify, reproduce or infringe in any manner on the Intellectual Property Rights of RMPL. The User further acknowledges that such infringement shall be regarded as a breach of the User’s contractual obligations under these Terms and RMPL shall be entitled to undertake all such actions as deemed appropriate in accordance with the provisions of these Terms and shall be entitled to all such remedies as available under Applicable Law.
  10. The User hereby agrees and acknowledges that the User shall at all times and under all circumstances shall refrain from the usage of any language, terms, graphical, audio-visual or other representations (including speeches, defamatory reviews and defamatory and offensive emails, messages and public statements) which would result in any loss, harm, damage or disrepute to the reputation and the brand name carried by RMPL (including its affiliates, associated entities, shareholders, directors, staff and employees). The User further agrees that in the event that the User undertakes the usage of any language or representations which result in loss or disrepute to the reputation of RMPL (including its affiliates, associated entities, shareholders, directors, staff and employees), RMPL would be entitled to take such actions as would be considered appropriate including a breach of the terms of these Terms.

 

  1. Through the use of the RR Merchandise Platform the User hereby agrees that the RR Merchandise Platform may automatically download and install updates from time to time as provided by and deemed necessary by RMPL. These updates are designed to improve, enhance and further develop the services provided on the RR Merchandise Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. The User hereby provides their consent to receive such updates (and permit RM to deliver these to it) as part of its use of the RR Merchandise Platform.

 

  1. The User acknowledges that RMPL hereby reserves the right to add, modify, delete or otherwise change the provisions of these terms and conditions, the benefits and rewards arising from the Terms at any time as determined appropriate by RMPL, without the prior notification to the User.

       VI.         COMPLIANCE WITH RULES AND REGULATIONS OF THE BCCI AND THE ICC

  1. The User acknowledges and understands that RMPL, will always be bound by and will be subject to the rules/regulations/ directives/ decisions of IPL/BCCI/ International Cricket Council (“ICC”) and/or any other concerned cricket governing body and/or any court/arbitrator/tribunal orders, rules/decisions/directives of government and quasi-governmental bodies.
  2. The performance of the obligations by the User under these Terms will be in accordance with the terms dictated/ decided by IPL/BCCI and the ICC Rules and Regulations, applicable local and municipal laws, government directives, court orders and legal compliances from time to time, as applicable to RMPL. The User further acknowledges that the performance of the obligations under these Terms would be subject to the privacy policy provided by RMPL on the official webpage of RMPL, as amended and revised from time to time.

     VII.         THIRD PARTY LINKS

  1. The RR Merchandise Platform may contain links to other web sites that are outside our control and are not covered by these If you access other websites using the links provided, the operators of these websites may collect information from you, which will be used by them in accordance with their terms and policies, which may differ from ours. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the terms and privacy policy for each website you visit. We will not be responsible for any information that you may provide to such websites accessible through the RR Merchandise Platform.

   VIII.         LIMITATION OF LIABILITY

  1. RMPL hereby states that the association with the Licensees is not in the nature of an employer – employee relationship or a principal – agent relationship or any such like relationship resulting in the emergence of any liability on the part of RMPL in relation to the Merchandise sold by the Licensees through the RR Merchandise Platform.
  2. Further it is hereby clarified that the Merchandise shall be provided and sold by the Licensees in their independent capacity in their sole discretion and in the manner as provided under these Terms and RMPL shall not be responsible for the quality, size, durability, reliability, sustainability, etc. of any Merchandise sold by the Licensees. Further RMPL shall not be liable for any losses suffered or damages claimed by User on account of any inadequacy or deficiency of the Merchandise provided by the Licensees and on account of any loss or damage arising due to the purchase of the Merchandise by the User.
  3. RMPL further clarifies that the information provided by the Licensees for the purpose of description of the product is true and correct to the best of RMPL’s knowledge and RMPL shall under no circumstance be liable for any claim for damages (incidental, indirect, consequential and otherwise) arising out of any losses faced due to errors, misrepresentations and incorrect information furnished by the Licensees in connection with their association with RMPL.
  4. Further RMPL hereby states that it shall not be held liable for any claims, losses and damages suffered by any Users (or their representative thereof) on account of a non-performance/inadequate performance, wilful misconduct, gross negligence or breach by the Licensees of their obligations towards the Users arising under the RR Merchandise Platform.
  5. RMPL hereby clarifies that RMPL shall not be held liable for any liability arising for losses and damages claimed from the User(s) or any other third party, on account of any delay or failure of fulfilment of the Orders under the RR Merchandise Platform due to factors beyond the reasonable control of RMPL.
  6. RMPL hereby states that it shall not be responsible for any technical or software failure (including any technical failure affecting the continued use and performance of the RR Merchandise Platform) arising on account of factors beyond the reasonable control of RMPL where RMPL has taken all reasonable efforts to eliminate any such technical failure and difficulty faced by the User of the RR Merchandise Platform.
  7. RMPL hereby clarifies that RMPL shall under on no account and under no circumstance be held to be liable and responsible for any technical failure, loss or damage faced by the User from the utilization of Razorpay while making a payment or receiving a Refund of the Purchase Consideration under the RR Merchandise Platform. RMPL hereby clarifies that the Razorpay has agrees to provide the services of a payment aggregator in their independent capacity and RMPL shall not be held for any loss or damages arising from any misrepresentation, failure or fraudulent activity of Razorpay during their association with RMPL and the RR Merchandise Platform.
  8. RMPL shall not be responsible for any third-party communications, which cannot be linked to RMPL, sent to the Users or the Licensees on account of their association with the RR Merchandise Platform.
  9. RMPL hereby clarifies that RMPL shall not be liable for any loss, damage or destruction suffered on account of any delay or disruption in the delivery or fulfilment of the Order under the RR Merchandise Platform on account of the occurrence of any Force Majeure Event.

       IX.         INDEMNITY

  1. The User hereby agrees to, at all times, indemnify and hold harmless RMPL and all its officers, directors, employees, agents, and any authorised affiliates and permitted assigns, from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) The User’s use of the RR Merchandise Platform; (ii) A breach or violation by the User of these Terms; (iii) RMPL’s use of any User generated or User provided content; or (iv) any violation of the rights of any third party due to the actions of the User.
  2. The User hereby further undertakes to ensure that the User shall undertake all efforts to prevent the inclusion/ impleading of RMPL in any legal actions, suits and legal proceedings instituted before any court of law by the User or any third party in connection with the Merchandise provided on the RR Merchandise Platform and the User’s use of the RR Merchandise Platform.
  3. In the event of payment of the Purchase Consideration in any foreign currency by any non – resident/ foreign resident User, the User hereby agrees to indemnify RMPL from all costs, charges, expenses and risks arising in connection with such payment made in any foreign currency (including any risks associated with exchange rate fluctuations and currency depreciation that may adversely affect RMPL).

         X.         CONFIDENTIALITY

  1. RMPL retains all ownership and any rights thereto over any information (including any Confidential Information) provided by RMPL in connection with the Terms of the RR Merchandise Platform. The Users hereby agree that they shall not (and shall not assist or support any third party to) modify, disassemble, decompile, reverse engineer, make derivative works of, reproduce, republish or copy any part of the proprietary information (including but not limited to data, figures, proprietary information, logos and graphical and audio - visual representations) provided by RMPL in connection with these Terms of the RR Merchandise Platform.
  2. The Users shall not, without the prior written consent of RMPL, disclose, restyle or publish any of the proprietary information provided RMPL in connection with these Terms of the RR Merchandise Platform.
  3. The User hereby agrees and acknowledges that the User shall not undertake any use, including but not limited to download, share, record and duplicate the product description, details and any other information and material (in the audio – visual, graphic, pictorial from or otherwise) provided in connection with the User’s utilisation of the RR Merchandise Platform.
  4. Any unauthorised use of any information and material (in the audio – visual, graphic, pictorial from or otherwise) provided in connection with the User’s utilisation of the RR Merchandise Platform would be regarded as a breach of the User’s confidentiality obligations under the RR Merchandise Platform.

       XI.         USER PROVIDED INFORMATION

  1. The User hereby acknowledges that the User shall share such relevant information (including but not limited to personal information of the User submitted in connection with the creation of the User Profile and information submitted to RMPL in connection with any survey, feedback or service questionnaire provided on the RR Merchandise Platform) as required by RMPL from time to time.
  2. Further the User permits RMPL to collect and retain all such relevant User data (including but not limited to data collected in connection with usage statistics of every User of the RR Merchandise Platform, location images and data and any such other data as collected in connection with the User’s utilization of the RR Merchandise Platform) as required in connection with the User’s continued utilization of the RR Merchandise Platform.
  3. The User hereby acknowledges that RMPL shall have the right to use such User data and User information which shall include (but not be limited to) a right to use, copy, display, distribute, modify, translate, incorporate into advertisements and other promotional and marketing activities of RMPL, analyse, promote, transfer to any sub-contractor or agent of RMPL for any such purpose as required by RMPL, transfer to any third party for commercial purposes as deemed necessary by RMPL in their sole discretion.
  4. The User acknowledges RMPL’s right to use (in the manner as described hereinabove) the User data and User information shall subsist even after the User has deleted their User Profile from the RR Merchandise Platform.
  5. Notwithstanding the foregoing section, RMPL may disclose any User provided information or without the prior written consent of the User, to the extent such information is required to be disclosed by RMPL by order or direction of a court or tribunal of competent authority under Applicable Law or by a governmental statute, order, decree, regulation, rule or law or is required to be disclosed to any governmental authority, regulatory authority, stock exchange or auditor.

 

  1. The User hereby waives any rights, claims, assertations, remedies (including any legal claims for damages and suit for injunction) as available under Applicable Law and applicable data protection laws (including under the Information Technology (Amendment) Act, 2008 (and any Rules issued thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011)). with respect to the utilization and transfer of the User information and User data by RMPL in their sole discretion and pursuant to these Terms of the RR Merchandise Platform.

     XII.         ACTIONS IN THE EVENT OF BREACH BY THE USER OF THESE TERMS

In the event of a breach of the terms and conditions set out under these Terms by any such User, RMPL may take any such action, as deemed appropriate, including (without limitation to) taking all or any of the following actions:

  1. Immediate, temporary or permanent suspension of the User’s profile and the User’s access to the RR Merchandise Platform;
  2. Filing of any suit, claim for damages or take any legal action available against the User for breach of the terms of these Terms; and
  3. To undertake any and all such actions and remedies as may be available to RMPL under Applicable Law including filing a suit for claim for damages resulting from any losses suffered from the actions of the User in derogation of the terms and conditions of these Terms.

   XIII.         TERM AND TERMINATION

  1. These Terms (including any modifications and revisions thereof) shall continue to be binding and applicable upon the User for such period as the User continues to maintain a User Profile on the RR Merchandise Platform.
  2. The User, on deletion of the User Profile, would not be subject to these Terms (save and except such obligations that shall survive termination as provided under clause XVIII (Survival) of these Terms).
  3. The User may proceed to delete the User Profile and to discontinue the use and access of the RR Merchandise Platform.
  4. RMPL may for convenience and without cause, through the provision of written notice of 15 (fifteen) days, terminate the User’s access to the RR Merchandise Platform and the User Profile, as provided for under these Terms.
  5. In the event any User is involved in any illegal or prohibited activity including any activity regarded as betting, gambling, wagering under applicable laws of India, such activities shall be regarded as a breach of these Terms and RMPL shall retain the right to terminate the User’s access to the RR Merchandise Platform with immediate effect.
  6. Further a breach (or potential breach) of these Terms, shall entitle RMPL to call for an immediate termination of the User’s access to the RR Merchandise Platform and the User Profile, as provided for under these Terms which shall be in effect from the date of service of notice of termination by RMPL. RMPL hereby retains the right to terminate these Terms in the event RMPL, in its sole and absolute discretion, believes that the User has violated, abused, or unethically manipulated or exploited any term of these Terms or has in any such manner otherwise acted unethically.
  7. Upon termination of the User’s access to the RR Merchandise Platform and the User Profile, the User would be required to return (where applicable) and delete any information acquired from RMPL in connection with these Terms within 2 (two) days. However, RMPL shall retain the right to preserve the information provided by the User through the use of the RR Merchandise Platform and the transaction details of the User for any regulatory purposes duly prescribed under Applicable Law(s).

   XIV.         INTELLECTUAL PROPERTY RIGHTS

  1. All Intellectual Property Rights associated with the RR Merchandise Platform (including any software updates, additions, modifications and revisions thereto), the Team and RMPL shall remain the sole and exclusive property of RMPL, and the User shall not have any claim or title in relation thereto. Any right of the User to access the RR Merchandise Platform under these Terms, is limited to the term prescribed under clause XII (Term and Termination) and is for the sole and exclusive purpose of enabling the User utilise the RR Merchandise Platform. The User shall not in any way claim any right, title or interest on the RR Merchandise Platform pursuant to the provisions of these Terms. RMPL shall be the first and exclusive owner of all rights including but not limited to Intellectual Property Rights and copyright in all which is the resultant of obligations of the User under these Terms, in all languages and in perpetuity.
  2. The User shall be granted a personal non - commercial, nonexclusive, non - transferable, revocable license to download, view, display, and use the any content developed and marketed by way of the RR Merchandise Platform solely in connection with your permitted use for purchase of the Merchandise and any other allied services provided on the RR Merchandise Platform. The User shall not be permitted to sub-license, sell, assign, transfer or in any manner facilitate or support any third party to acquire any Intellectual Property Rights in relation to the RR Merchandise Platform.
  3. The User shall not undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the RR Merchandise Platform or any part or features thereof (except to the extent permitted by applicable law).
  4. The User disclaims any copyright, patent or other Intellectual Property Rights in the RR Merchandise Platform and its other deliverables, and agrees to make no claims against RMPL respect of such rights and to undertake any reasonably necessary act to assign or otherwise transfer Intellectual Property Rights and other rights, including rights relating to copyright and trade mark, in the all works including the other deliverables rendered during the course of these Terms to RMPL such that all such rights in the works shall vest in RMPL.
  5. The User hereby submits that the User shall be solely responsible for your any user content and personal information provided in connection with the RR Merchandise Platform and the consequences of submitting and publishing any user owned and user developed content on the RR Merchandise Platform. The User hereby affirms, represents, and warrants that the User owns or has the necessary licenses, rights, consents, and permissions to publish, share and transfer any user owned and user developed content submitted on the RR Merchandise Platform. By making any user owned and user developed content available on the RR Merchandise Platform, the User hereby grants RMPL a nonexclusive, perpetual, irrevocable, transferable, fully sublicensable through multiple tiers (including to other users of the RR Merchandise Platform), worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute any user owned and user developed content and information, in connection with operating the RR Merchandise Platform.
  6. The User hereby agrees and undertakes that the user content and user information shall not violate or infringe upon any third party copyrighted material, or material that is subject to other third party proprietary rights, unless the User has obtained specific written permission from the rightful owner of the material or the User is otherwise legally entitled to post the material and to grant RMPL all of the license rights granted herein.

     XV.         GOVERNING LAW AND JURISDICTION

  1. The provisions of these Terms shall be governed by and construed in accordance with the Applicable Law(s). In the event any disputes arise between RMPL and the User in connection with these Terms, that cannot otherwise be amicably resolved between the parties, such dispute shall be submitted to the courts of Mumbai.
  2. RMPL hereby reserves the right to bring any action seeking injunctive relief or any other form of equitable relief available to RMPL under Applicable Law(s) of India before any courts of Mumbai and the courts of Mumbai shall have exclusive jurisdiction over any such dispute raised by RMPL in connection with these Terms.

   XVI.         ASSIGNMENT

  1. RMPL hereby reserves the right to assign, transfer or allocate the rights available to it under the provisions of these Terms to any entity as deemed appropriate by RMPL.
  2. The User hereby undertakes that he/she shall not assign, transfer or allocate any rights, duties, and obligations available to him/her under the provisions of these Terms during the term of use of the RR Merchandise Platform and maintenance of a User Profile on the RR Merchandise Platform.

 XVII.         SEVERABILITY

In the event any provisions of these Terms are deemed as illegal or unenforceable under the provisions of any Applicable Law in force in India, the remaining clauses under these Terms (and any terms and conditions contained hereunder) shall continue to remain and have full force and effect unless such illegality and unenforceability violates the very basis of these Terms.

XVIII.         SURVIVAL

All such provisions of these Terms that by their nature are required to survive the term and termination of these Terms shall survive including the provisions of clause VI (Compliance with Rules and Regulations of the BCCI and the ICC), clause VII (Limitation of Liability), clause IX (Confidentiality), clause XIII (Intellectual Property Rights) and clause XIV (Governing Law and Jurisdiction). Further the obligations of the User to refrain from all such actions and activities which may be deemed as detrimental to the reputation and the brand name of the Rajasthan Royals franchise, shall operate in perpetuity and survive the termination of these Terms.