Terms & Conditions

Cricket Education Services LLP, a cricket coaching academy located at the Centre for Sports Excellence, Jala Hobli (“CSE”) and operating under the brand name ‘SIX’ (“SIX”) owns and operates this website: https://www.sixcricket.in (“Platform”). Through the Platform, SIX inter alia provides Users with information regarding SIX, its coaching programmes (“Programmes”) and trainees (“Trainees”) and provides Trainees and their guardian with the ability to register for Programmes, track a Trainee’s progress in the Programmes and to make payments with respect to the Programmes and other facilities availed from SIX (“Services”).

The terms ‘SIX’ or ‘us’ or ‘we’ refer to the owners of the Platform. The terms ‘User’ or ‘you’ refer to the user or viewer of our Platform.

By browsing, viewing, using the Platform you consent to and agree to comply with these terms and conditions of use (“Terms” or “Terms of Use”), as may be amended from time to time, which together with our Privacy Policy, governs SIX’s relationship with you in relation to this Platform. If you disagree with any part of these Terms, please discontinue using our Platform immediately.

Further, a Trainee’s participation in the Programmes, use of Services and SIX facilities, including booking nets and private lessons, shall be subject to the Trainee Terms and Conditions as available at: [SIX]

All rights and liabilities of the User and SIX with respect to the Platform and any Services facilitated by SIX shall be restricted to the scope of these Terms. Any access to our Platform through registration is non-transferable.

SIX reserves the right to change, modify or suspend the Platform, the contents thereof, the Services and these Terms at any time without any prior intimation to you. All modifications will be posted on the Platform and will become effective immediately upon such posting to the Platform. Please review these Terms of Use regularly to remain informed of any change.

These Terms constitute an electronic 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.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

These Terms were last modified on 19 July, 2022.
1. Access to Website and Information Gathered

You may visit most areas of the Platform without registration. Information submitted through the Platform is stored in a database. Specifically, we may store the name, phone number, e-mail address, and certain demographic information (address, occupation, etc.) of the Users of our Platform who wish to interact with SIX. Such information will be primarily used to facilitate interaction between Users of the Platform and SIX. We may also use such information to send out occasional promotional materials, including alerts on new services/features offered by SIX. We have clearly marked which information is optional and which is mandatory. We guarantee that personal information about Users will be used strictly in accordance with our Privacy Policy.

2. Content

All materials, including all information, content, material, logos, illustrations, statements, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) contained in the Platform are protected by copyrights, trademarks and other intellectual property rights that are owned by SIX or by other parties that have licensed their material to SIX. Except for the limited license for the Content granted to you herein solely for your personal, non-commercial use, you may not copy, download, reproduce, republish, upload, post, transmit, distribute, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Platform or any related material without obtaining prior written permission from SIX, or otherwise modify, obscure or delete any copyright or other propriety notices on this Platform. Without the prior written consent of SIX, modification of the Content or use of the Content on any other website or networked computer environment or use of the Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of SIX and its licensors, and is prohibited. Any use of the Content for which or pursuant to which you receive or intend to receive any remuneration, whether monetary or otherwise, is a commercial use for the purposes of this clause. No right, title or interest in any Content, if applicable, on this Platform is transferred to you from your use of this Platform. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.

3. Contributed Content

This Platform may contain views, ideas or opinions expressed by independent authors, or contributors on various topics. Such views, ideas or opinions are solely those of the authors or contributors and not endorsed in any manner by SIX. SIX shall not be responsible for or liable in any manner whatsoever for the views, ideas or opinions expressed by such authors or contributors in any section of this Platform. Further, the accuracy of such statements has not been verified by SIX and SIX provides no warranties of the same. If you seek to rely on any representation of information contained on this Platform, any such reliance shall be at your own risk. Further, you are requested to report any Contributed Content which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to info@sixcricket.in[]. On receiving such report, SIX reserves the right to investigate and/or take such action as SIX may deem appropriate.

4. User Content

4.1 Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Platform (“User Material”). SIX reserves the right to investigate and take appropriate legal action against anyone who, in SIX’s sole discretion, violates these Terms, including without limitation, removing offending User Material from the Platform and reporting users to law enforcement authorities.

4.2 Users grant SIX a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Material in any and all media or distribution methods (now known or later developed) and to associate your User Material with you, except as described below. You agree that others may use User Material in the same way as any other content available through the Platform. Other Users of the Services may fork, tweak and repurpose your User Material in accordance with these Terms. If you cease using the Platform, your User Material and name may remain available on the Platform.

4.3 SIX shall not be responsible for or liable in any manner for User Material in any section of the Platform. Further, the accuracy of such statements has not been verified by us and we provide no warranties of the same. If you seek to rely on any representation of information contained on the Platform, any such reliance shall be at your own risk. SIX does not subscribe to such User Material and does not in any confirm or deny any opinions expressed therein, and such User Material shall not be treated as the opinion of SIX.

5. Payments

5.1 You are responsible for paying all fees, inclusive of all applicable taxes, specified by SIX for the Programme, Services and any other facilities availed from SIX (collectively, “Fees”), in a timely manner through the payment mechanism designated by SIX on the Platform. If your payment method fails or your account is past due, SIX may collect fees using other collection mechanisms.

5.2 In addition to the athlete training fee as charged by SIX, SIX reserves the right to charge certain fees in the nature of convenience fees or processing fees for payments collected through the Platform. The convenience fees or processing fees (if any) will be clearly specified on the Platform prior to making any payment.

5.3 When you seek to make any payments through the Platform, you must provide us with complete and accurate payment information. By submitting payment details, you affirm that you are entitled to make a payment using those payment details and promise to pay to SIX the applicable Fees.

5.4 In case any payment instrument or bank account provided is outside of the territory of India, SIX reserves the right to deduct any bank fees, transfer fees and/or currency conversion fees as applicable for completing such transfer.

5.5 SIX uses the services of third-party payment service providers to process your payment of the Fees. Accordingly, your usage of such third-party services shall be in accordance with the terms and conditions of adopted and implemented by such service provider, and SIX shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such service provider.

5.6 SIX reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed before confirming the booking or collecting the payment from you.

5.7 You shall not share your personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of SIX. You shall immediately inform SIX if such details are demanded by any of its agents' employees or representatives. SIX shall not be liable for any loss that you incur for sharing the aforesaid details.

6. User Restrictions

6.1 Your use of our Platform is solely for your personal and non-commercial use. In addition to the aforementioned restrictions on the usage of Content, Users shall not:

  • Decompile, reverse engineer, or disassemble the contents of the App and/or the Website, or tamper or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform.
  • Use this Platform for commercial purposes of any kind;
  • Advertise or sell or otherwise (whether or not for profit) solicit others (including, without limitation, solicitations for contributions or donations) in relation to the Platform or domain name;
  • Aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for access to the Platform;
  • Use the Platform in any way that is unlawful, or harms SIX or any other person or entity, as determined by SIX;
  • Access or use the Platform in any manner that could damage, disable, overburden or impair any of the Platform’s servers or the networks connected to any of the servers on which the Platform is hosted;
  • Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platform, violate any requirements, procedures, policies or regulations of networks connected to the Platform, or engage in any activity prohibited by these Terms and the Trainee’s Terms and Conditions;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, Content, systems resources, or gain unauthorized access to servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
  • Make available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Stalk, intimidate and/or harass another and/or incite others to commit violence;
  • Transmit material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • Advertise, offer or sell any services or products for any commercial purpose on the Platform without the express written consent of SIX;
  • Interfere with any other person’s use or enjoyment of the Platform;
  • Make, use, display, transmit or store electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
  • Make available any content or material that you do not have a right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Platform, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
  • Interfere with, or inhibit any User from using and enjoying access to the Platform, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Platform; and
  • Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Platform, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the exclusionary protocols, navigational structure or presentation of the Platform, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Platform.

6.2 SIX reserves the right to terminate or restrict your access to the Platform if, in SIX’s opinion, your use of the Platform and/or Services may violate any laws, regulations or rulings, infringe upon another person’s rights or violate these Terms, for general maintenance or any other reason whatsoever. SIX reserves the right, in its sole discretion, to terminate access to the Platform or any portion thereof at any time, without notice.

7. User Eligibility

7.1 A User will be eligible to utilise the Platform only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above 18 (eighteen) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject.

7.2 As a minor if you wish to use Platform, such use shall be made available to you by your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. SIX will not be responsible for any consequence that arises as a result of misuse of any kind of the Platform that may occur by virtue of any person including a minor. SIX reserves the right to terminate access to the restricted sections of the Platform and the services, if it is discovered that the User is under the age of 18 (eighteen) years and the consent to use the Platform and Services has not been provided by the parent/legal guardian of the minor or any information provided by the User is inaccurate. You acknowledge that SIX does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria.

8. User Responsibility

8.1 It is your sole responsibility to ensure that you meet the aforementioned User Eligibility requirements

8.2 It is your sole responsibility to ensure that the information provided by you is accurate, complete and latest.

8.3 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 the Platform.

8.4 You shall be responsible for maintaining the confidentiality of any information provided by you.

8.5 SIX shall not be held liable if any e-mail/SMS remains unread by you as a result of such e-mail getting delivered to your junk or spam folder.

9. Disclaimer of Representation and Warranty

9.1 This Platform and the Content herein are provided by SIX in good faith on an “as is”, “as available” basis and SIX hereby disclaims the following representations and warranties:

  • SIX makes no representations or warranties of any kind, express or implied, as to the operation of this Platform, the information, the Content or materials herein or hereon;
  • To the extent as permitted under applicable law, SIX disclaims all responsibility (whether direct, indirect, consequential or otherwise) with respect to the accuracy or otherwise of the information, Content, materials or products arising from the use of this Platform. The quality of any products, services, information, or other material that you obtain through the Platform will meet your expectations;
  • SIX, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of fitness for particular purpose and non-infringement;
  • SIX makes no warranties about the availability, quality, accuracy, reliability, completeness, performance, timeliness of any Content that you obtain through the Platform;
  • SIX does not warrant that this Platform, information, Content or materials included on or otherwise made available to you through this Platform, the servers hosting the Platform, or electronic communication sent from SIX are free of viruses or other harmful components;
  • SIX utilises safeguards and industry best practices to protect the Platform from hackers, sniffers and malicious modification tools, however, it does not warrant that the Platform shall be completely safe from such attacks at any period of time;
  • SIX adopts the best industry standard to secure the information as provided by you. However, SIX cannot guarantee that there will never be any security breach of its systems which may have an impact on the information provided by you; and
  • SIX does not warrant that this platform, information, content or materials included on or otherwise made available to you through this platform shall be compatible with all devices / tablets/instruments / hardware. SIX shall not be obligated to provide access to its platform for any instruments that are not recognized by SIX or those instruments that may be purchased from any third party which are not compatible with SIX’s technology or content. SIX reserves the right to upgrade its technology, content or type of compatible devices as required from time to time and without prior intimation to the users.

9.2 This Platform may contain typographical errors, incomplete or out of date information. SIX reserves the right to make changes to the Content and information on this Platform, or to the services described therein, or update such information at any time without notice, but SIX makes no commitment to corrector update this information. If you seek to rely on any representation of information contained on this Platform, any such reliance shall be at your own risk.

9.3 You acknowledge that your ability to use the Platform is dependent upon external factors such as internet service providers and internet network availability, and SIX cannot always guarantee accessibility to the Platform. To the extent permitted under law, neither SIX nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of inability to use our Platform, even if you have been advised of the possibility of such damages.

9.4 Any material accessed, downloaded or otherwise obtained through the Platform is done at your discretion, competence, acceptance and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from your download of any such material.

9.5 To the extent permitted under law, in the event of suspension or closure of the Platform or any Services, you shall not be entitled to make any demands, claims, on any nature whatsoever.

9.6 SIX reserves the right to introduce and initiate new features, functionalities, components to the Platform and Services, and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, SIX is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform without any prior notice to you.

9.7 SIX may prescribe certain limits on the use of the Platform and/or Services or storage of Content at its sole discretion without any prior notice to you while at all times complying with its Privacy Policy.

9.8 The data provided by you and as available with SIX may be shared with concerned law enforcement agencies for any lawful or investigation purpose without your consent.

9.9 Nothing on this Platform constitutes, or is meant to constitute, advice of any kind.

10. Third Party Links

10.1 Please note that this Platform may contain links provided by third parties. Any website, information or services accessed by or as a result of following such third party links is at your sole risk. The content viewed through any third party links is not endorsed in any manner by SIX. SIX shall not be responsible for or liable in any manner whatsoever for the content provided by such third party links. Further, the accuracy of the content provided through third party links has not been verified by SIX and we provide no warranties with respect to the same. Any information collected on websites visited through such third party links is subject to the privacy policies of such third parties.

11. Limitation of Liability

11.1 SIX shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by you or any other person or entity during the course of access to the Platform.

11.2 You shall be solely responsible for any consequences which may arise due to your access of Platform by conducting an illegal act or due to non-conformity with these Terms including provision of incorrect address or other personal details.

11.3 In consideration of SIX allowing you to access the Services, to the maximum extent permitted by law, you waive and release each and every right or claim, all actions, causes of actions (present or future) you have or may have against SIX, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Services or in the course of access to the Platform.

11.4 In no event shall SIX be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or availing of the Services.

12. User Warranty

You represent, warrant and covenant:

12.1 that you will fulfil your obligations hereunder these Terms in good faith; and

12.2 that no materials of any kind provided by you will:

  • violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or
  • contain defamatory or otherwise unlawful material.
13. Indemnification

13.1 You hereby indemnify, defend and hold harmless SIX and all of SIX’s officers, directors, owners, agents, information providers, affiliates, licensors, licensees and third party service providers (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. SIX reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

14. Termination

14.1 SIX may immediately, without notice, deny you access to the Platform, apart from any legal remedy that SIX can avail, if in SIX’s opinion, you fail to comply with any or all of the Terms set forth herein. In such instances, SIX may also disclose your 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 under applicable laws.

14.2 In the event you have been suspended or terminated, you shall not register or attempt to register with SIX with different credentials or use the Platform in any manner whatsoever until you are reinstated by SIX. SIX may at any time in its sole discretion reinstate suspended users.

14.3 In case if suspension or termination for breach of these Terms, we shall not be obligated to you nor shall you claim or demand any refund of Fees, in part of whole. We may also suspend or terminate your registration if we are prevented from providing to you or operating the Platform and the Services, by circumstances beyond our control.

15. Reporting Of Infringement Of Copyright

15.1 In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Platform, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: info@sixcricket.in

  • A clear identification of the copyrighted work allegedly infringed;
  • A clear identification of the allegedly infringing material on the Platform (with specific URL reference and/or screenshot, as applicable);
  • Your contact details: name, address, e-mail address and phone number;
  • A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law;
  • A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
  • Your signature or a signature of your authorized agent.
16. Communication from Six

16.1 SIX will send registration, confirmation, cancellation, payment confirmation or any other such information relevant to the Programmes and/or Services, via e-mail or any other alternate communication detail provided by you at the time of registration.

16.2 You hereby unconditionally consent that such communications via SMS, internet-based messaging applications such as WhatsApp voice call, e-mail or any other mode by SIX are:

  • upon your request and authorisation;
  • ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulatory Authority of India (TRAI); and
  • in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

16.3 You shall indemnify SIX against all types of losses and damages incurred by SIX due to any action taken by TRAI, Access Providers (as defined under the TRAI regulations) or any other applicable authority due to an erroneous complaint raised by you on SIX with respect to the communications mentioned above or due to an incorrect number or email address being provided by you for any reason whatsoever.

17. Grievance Officer and Customer Support

In accordance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer for the Platform are provided below:

Name:
Gowtham Gowda
Email:
info@sixcricket.in
18. General Provisions

18.1 Notice: All notices served by SIX shall be provided via email or as a general notification on the Platform. Any notice to be provided to SIX should be sent to info@sixcricket.in

18.2 Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Platform from time to time, constitute the entire agreement between SIX and you with respect to your access to or use of the Platform and the Services thereof.

18.3 Assignment: You may not assign your rights and obligations under these Terms without the prior written consent of SIX. SIX may assign its rights and obligations to a third party without the requirement of seeking your consent.

18.4 Confidentiality: You shall maintain confidentiality of any information which is specifically mentioned by SIX as confidential and shall not be disclosed unless as required by law or to serve the purpose of these Terms and the obligations of both the parties herein.

18.5 Severability: If, for any reason, 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, and the remainder of the Terms shall continue in full force and effect.

18.6 Waiver: Any failure by SIX to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by SIX of that provision or right.

18.7 Relationship: You acknowledge that your participation or registration on the Platform, does not make you an employee or agency or partnership or joint venture or franchise of SIX .

18.8 Feedback: SIX may require the feedback of its users for improving the Platform and Services and you shall hereby authorize SIX to contact you for your feedback on the Platform and Services. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case you choose not to be contacted, you shall write to SIX for specific exclusion at info@sixcricket.in

18.9 Governing Law and Jurisdiction: The Terms shall be governed by the laws of the Republic of India and the courts in Bengaluru, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.

SIX PROVIDES THESE TERMS SO THAT YOU ARE AWARE OF THE TERMS THAT APPLY TO YOUR USE OF THE PLATFORM. YOU ACKNOWLEDGE THAT SIX HAS GIVEN YOU A REASONABLE OPPORTUNITY TO REVIEW THESE TERMS AND THAT YOU HAVE AGREED TO THEM.