Terms & Conditions

The website www.kollamsailors.com is owned and operated by Aries Group of Companies (“Aries”), which is also the owner and promoter of the ‘Kollam Sailors’ professional Twenty20 cricket team (“Team”).

Please read these terms and conditions carefully before interacting with the Website. By accessing, browsing, or using this Website, you agree to the following terms and conditions of use (“Terms”) and acknowledge that you have read and understood them.

The terms ‘us,’ ‘we,’ or ‘our’ refer to Aries, the owner and operator of the Website. The terms ‘user,’ ‘you,’ or ‘your’ refer to the individual using or viewing the Website.

Aries reserves the right to add, modify, amend, cancel, limit, vary, or change these Terms, either in part or in full, at any time without prior notice. Additionally, Aries reserves the right to withdraw, suspend, alter, modify, or change the Website, its features, content, or any parts thereof, at its sole discretion without prior notice.

Any modifications or amendments to the Terms will be posted on the Website and will become effective immediately upon posting. Your continued use of the Website following any changes or modifications will be deemed as your acceptance of the revised Terms.

Please review these Terms regularly to stay informed of any updates. If you do not agree to these Terms, please cease using the Website immediately.

Website Access, Services and Availability:

This Website is made available free of charge. However, Aries reserves the right to charge subscription, membership or other fees from a user, in respect of certain product(s) or service(s) provided on this Website.

Aries may make available certain products, services, content and other functionalities through the Website (“Services”). The Services offered on the Website may differ from time to time and from region to region.

Further, Aries reserves the right to terminate or cancel any access or order or redirect a user to a different website, at its sole discretion. Aries does not make any warranty or representation that a user in one region may access, use or obtain the Services from the Website in another region.

Registration:

You can access and browse our Website without registering or disclosing any personal information. However, to access certain Services and products, and to interact with and comment on specific features and Content (as defined herein) of the Website, you must complete a simple registration process to create a User Profile (as defined herein).

This registration requires you to provide certain personal details. For more information on the types of information we collect, store, and how we use it, please refer to our Privacy Policy.

User Profile:

Users have the option to register and create a personal user profile on the Website (“User Profile”), which allows them to interact by liking, commenting on, or sharing Content, and to access certain Services. We reserve the right, at our sole discretion, to reject registration applications for User Profiles.

To create a User Profile, you will need to provide your full name, email address, mobile number, date of birth, gender, state, and city, and choose a password.

You may also need to provide additional information for verification purposes. To complete your User Profile, you must supply accurate and up-to-date details including your full name, email address, gender, mobile number(s), date of birth, current city/place of residence, and a profile picture.

It is your responsibility to ensure the information you provide is complete and truthful. You must notify us of any changes to keep your information current.

We are not obligated to verify the information you provide and will not be liable for any consequences resulting from inaccurate or incomplete information.

You are responsible for safeguarding your information on the Website, including your username, password, email address, and contact details. You must maintain the confidentiality of your password and User Profile and are fully responsible for all activities that occur under your profile.

Our Website and Services are intended for a general audience. You must be at least 18 years old to create a User Profile or purchase our products or services. We reserve the right to remove your User Profile if we reasonably believe you are under 18.

Website Content:

Subject to these Terms, all materials on this Website, including illustrations, statements, opinions, articles, views, photographs, products, images, artwork, designs, text, graphics, logos, button icons, audio and video clips, and software (collectively, “Content”), are owned or controlled by Aries and/or its subsidiaries, affiliates, licensors, and content suppliers, and are protected by global design, trademark, trade dress, copyright, and other intellectual property laws.

User-generated content from users, fans, or other third-party providers on certain sections of this Website is not pre-screened or reviewed by Aries, and contributors are solely responsible for such content.

Any reliance on information contained on this Website is at your own risk.

This Website and its Content are intended solely for personal, non-commercial use by users. You may not copy, modify, obscure, or delete any copyright or proprietary notices from this Website.

No right, title, or interest in any materials or software on this Website is transferred to you through your use. Reproduction, publication, transmission, distribution, display, modification, creation of derivative works, sale, or exploitation of any Content, Website, or related software in whole or in part, without prior written authorization from Aries, is prohibited.

Contributed Content:

You are responsible for any notes, comments, images, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, videos, audio files, or other materials (collectively, “User Content”) that you post or transmit to the Website.

Aries reserves the right to determine and modify the manner and circumstances under which User Content may be submitted, posted, or transmitted. Users with registered User Profiles may post User Content (such as comments and messages) to interact with Content on the Website and User Content posted by other User Profiles. Any User Content you post may be used by Aries, including for the creation of derivative works, in accordance with its Privacy Policy and these Terms, and you will not receive payment or other compensation for such use.

You must not use the Website in an improper or unlawful manner or in violation of applicable laws or licenses. You agree to follow all reasonable instructions provided by us regarding the use of the Website and allow Aries to post or link to any User Content you have submitted.

By contributing User Content, you grant Aries and its affiliates, service providers, licensors, and associates a perpetual, royalty-free, worldwide, sub-licensable right and license to use, reproduce, publish, edit, distribute, transfer, store, transmit, publicly display, and adapt such User Content in any medium now known or later developed.

You represent and warrant that the User Content you contribute is your original work or that you have the right to grant these licenses to Aries.

Impermissible Use of the Website:

Users of this Website must not host, display, upload, post, comment, modify, publish, transmit, update, or share any User Content that:

– Belongs to someone else without having the right to;
– Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s rights (including rights of celebrity, privacy, and intellectual property), hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful;
– Harms minors in any way;
– Infringes on any patent, trademark, trade secret, copyright, or other intellectual, proprietary, privacy, or other rights of any party;
– Violates any current law;
– Deceives or misleads about the origin of messages or communicates information that is offensive or menacing;
– Impersonates someone else or falsely states or misrepresents your affiliation with any person or entity;
– Disrupts or interferes with another user’s access, use, and enjoyment of the Website;
– Contains software viruses or other harmful code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
– Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or incites the commission of any offense or prevents investigation of any offense, or is insulting to any other nation.

User Rewards Programme:

Based on a User Profile’s activity and interaction on the Website, including the contribution of creative and positive User Content, Aries may occasionally recognize select User Profiles and reward their registered users with prizes such as team merchandise or match tickets (“Rewards Programme”).

The Rewards Programme will be implemented by Aries at its discretion and may be subject to additional terms and conditions.

To participate in the Rewards Programme, you must be a registered user with a complete User Profile on the Website. Unless otherwise specified by Aries, participation is only open to residents of India, and you may be required to provide valid proof of address.

Any prizes offered under the Rewards Programme are strictly for personal, non-commercial use and may come with additional terms and conditions.

Aries reserves the right to modify, update, cancel, or terminate the Rewards Programme or any part thereof at any time. The nature of the prizes may be modified or revised at Aries’s discretion.

If you breach any of these Terms or any special terms and conditions applicable to the Rewards Programme or the prize, Aries reserves the right to:

(i) cancel the award of any prize(s) you may have won, (ii) cancel your participation in the Rewards Programme, and/or (iii) terminate your User Profile.

Warranty and Liability Disclaimer:

All content, information, and materials (including Content) on this Website are provided “AS IS” and “AS AVAILABLE” without any warranty or guarantee of any kind, either express or implied.

Specifically, no warranty is given regarding fitness for a particular purpose; uninterrupted access; security; accuracy, completeness, or up-to-date information; or freedom from errors, viruses, malware, Trojans, bugs, worms, infections, etc., in connection with this Website or its use.

Furthermore, Aries makes no representations or warranties, express or implied, regarding the operation of this Website, the information, the Content, User Content, materials, or products included.

Except as provided by applicable law, Aries disclaims all responsibility for information, Content, User Content, materials, or products arising from the use of this Website, whether direct, indirect, consequential, or otherwise.

Aries does not warrant that:

(i) this Website will always be available, or available at all; or (ii) the information on this Website is complete, true, accurate, or not misleading.

To the fullest extent permissible under applicable laws, you agree to release, discharge, and absolve Aries, the Team, its affiliates, partners, sponsors, subsidiaries, agents, employees, officers, directors, and representatives (“Aries Indemnified Parties”), from any and all claims, losses, and damages arising out of the use of, or inability to use, the Website; unavailability, withdrawal, modification, suspension, interruption, discontinuance, or variation of the Website; or inability to access or use the Website.

The Aries Indemnified Parties shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages.

This Website is controlled and operated from India, and Aries makes no representation that the content, information, or materials available herein are appropriate or will be available for use in other locations.

Accessing and using this Website from outside of India is at your sole risk, and you agree to be responsible for compliance with all applicable local laws. You also agree to release, discharge, and absolve the Aries Indemnified Parties from any liability or loss in this respect.

Aries reserves the right to introduce and initiate new features, functionalities, and components to the Website and/or change, alter, modify, suspend, discontinue, or remove existing ones without prior notice to you.

Furthermore, Aries is entitled to discontinue (permanently or temporarily) one or more of the Services provided or terminate the Website without prior notice. Aries may also prescribe certain limits on the use of the Website and/or Services or storage of Content and/or User Content at its sole discretion without prior notice, while complying with the Privacy Policy.

In consideration of Aries granting you access to and use of the Website and Services, you agree that Aries and its third-party providers and partners may place advertising on the Services or in connection with the display of Content, User Content, or information from the Services, whether submitted by them or others.

Accuracy of Information:

The information presented on this Website has been compiled by Aries from internal and external sources. No representation or warranty is made regarding the completeness or accuracy of such information. This Website may contain typographical errors and incomplete or outdated information.

Aries reserves the right to make changes to the Content, User Content, and information on this Website or to the Services described therein, or update such information at any time without notice. However, Aries makes no commitment to correct or update this information.

Third-party Interaction and Links to Third-party Sites:

The Website may contain links to third-party websites that are not owned, operated, or endorsed by Aries. You hereby release and discharge the Aries Indemnified Parties from any and all claims, losses, and damages arising out of the use of, or inability to use or access, such third-party websites or links.

Aries disclaims all liability or responsibility for the content hosted or made available on, products/merchandise purchased from, or information provided by you/collected from you by such third-party websites. You are advised to review the terms and conditions of such third-party websites carefully before visiting, accessing, using, or availing of their services.

Correspondence, advertisement, purchase, or promotion, including the delivery of and payment for goods and/or services, and any other terms, conditions, warranties, or representations associated with such correspondence, purchase, or promotion, pertaining to such third-party websites are solely between you and the applicable third party and are at your sole risk.

Aries shall not be responsible or liable in any manner whatsoever for transactions, the information provided by/collected from you, and interactions with such third-party websites, and/or any losses sustained in that regard.

Intellectual Property:

All Content displayed on this Website, including the Team trademarks, logos, photos, pictures, audio, video, design, layout, and all other content and intellectual property rights, belong to and are the property of Aries and/or are used under a valid license/authorization.

Unauthorized copying, use, reproduction, distribution, modification, alteration, dissemination, reposting, hyperlinking, deep-linking, framing, mirroring, downloading, or any other use of the Content on this Website in any manner whatsoever, without the prior written authorization of Aries or the relevant owners, is strictly prohibited.

Infringement Notification:

If you believe in good faith that any Content, User Content, or material posted or otherwise made accessible on this Website violates these Terms, is prohibited or restricted by applicable laws, rules, and regulations, violates your proprietary rights, or is abusive or threatens and harms other users of this Website, please compile the following information and email it to: marketing@kollamsailors.com. Your email should contain:

1. A clear identification of the allegedly prohibited/unlawful/abusive material on the Website (with a specific URL reference).
2. Your contact details: name, address, e-mail address, and phone number.
3. In case of an alleged violation of proprietary rights (including copyright, trademark, or privacy rights): a statement that you believe, in good faith, that the use of the proprietary material allegedly infringed on the Website is not authorized by you, your agent, or the law.
4. A statement that you believe, in good faith, that such material is prohibited/unlawful/abusive.
5. A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on your behalf.

The email notification provided by you under this Clause shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms by the Content or User Content.

In such an event, Aries may contact you for further information and reserves the right to determine, at its sole discretion, whether such Content/User Content violates these Terms or is otherwise abusive/prohibited/unlawful, and may take such action as it deems appropriate.

If you resort to any mala fide use of the notification process set out above, Aries reserves the right to restrict your access to the Website.

Indemnification:

You agree to defend, indemnify, and hold Aries and the Aries Indemnified Parties harmless from and against any and all claims, damages, costs, and expenses, including, without limitation, attorney’s fees, arising from or related to:

1. Your use of this Website,
2. Your access to, or inability to access this Website,
3. Liability arising from the illegality of or infringement by any contributions of User Content you make to the Website or from your reliance upon any information contained on this Website, or
4. Your participation in the Rewards Programme.

You represent, warrant, and covenant that no materials and User Content 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 libelous or otherwise unlawful material.

Aries reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Waivers:

You hereby waive any rights, whether existing or acquired in the future, that are attributable to you under any applicable law, including (without limitation) any law, regulation, or order concerned with privacy or personality rights, in relation to the matters contemplated herein, without any claim for compensation.

Product Information:

Aries cannot guarantee that the products and selections appearing on this Website will be available, either through this Website or at retail locations all the time.

All product descriptions and specifications are subject to change at any time without notice. The particular technical specifications and settings of your computer/device and its display could affect the accuracy of its display of the products offered on this Website.

The Content of this Website and products, selections, and prices (if any) displayed on this Website do not constitute offers to sell but are invitations to offer.

As a result, Aries takes no responsibility for loss caused to any person based on reliance on any information on this Website and retains the right to amend or retract any Content or invitations to offer on its own terms and in its sole discretion at any time without notice.

Communication:

For any questions regarding this policy, or to exercise your rights, please email us at marketing@kollamsailors.com.

If you create a User Profile and provide us with your contact information (including your e-mail address and phone number), we may contact you to provide you with information and updates, including but not limited to fixture lists and Team updates, provided you have consented to receive such information.

We also use such contact information to send out occasional promotional materials, including alerts on the Rewards Programme and new Services available, if you have consented to receive such information subject to our Privacy Policy.

Assignment:

You may not assign your rights and obligations under these Terms without the prior written consent of Aries. Aries may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Website.

Governing Law, Jurisdiction, and Dispute Resolution:

Notwithstanding the above, disputes and claims shall be settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by Aries.

The arbitration proceedings shall be conducted in English and the venue of arbitration shall be Mumbai. The arbitrator shall decide any such dispute or claim strictly in accordance with the governing law. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for judicial acceptance of the award and an order of enforcement.

The costs and expenses of the arbitration, including the arbitrator’s fees, shall be borne equally by each party to the dispute or claim; and each party shall pay its own fees, disbursements, and other charges of its counsel.

The arbitration award shall be final, conclusive, and binding on each of the parties.

Notwithstanding anything to the contrary contained in these Terms, you agree that monetary damages may not be an adequate remedy for losses sustained by Aries from a breach of the Terms of this Website.

Accordingly, Aries shall be entitled to seek an injunction, restraining order, right for recovery, suit for specific performance, or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain you from committing any violation of these terms and conditions.

Non-Compliance and Termination:

All disputes in relation to the Website and these Terms shall be governed by the laws of India, without regard to conflict of laws, and the courts in Mumbai shall have exclusive jurisdiction to adjudicate all disputes. Non-compliance with any of the Terms shall result in termination of access and/or right to use the Website.

Aries retains the right to deny access to the Website, without notice, to anyone who it believes has violated any of these Terms or does not accept these Terms.

Information Gathered and Tracked:

When you access this Website, your IP Address, device used to access the Website, and other demographics will be logged and recorded. If you choose to register and create a User Profile on our Website, we will collect and store such information (including personal information) as specified in Clause 3 above.

All information collected from you, including information submitted for the registration of a User Profile, is subject to our Privacy Policy. We may collect further information from you if you wish to receive certain Services available on our Website, which information will be requested at the time you choose to avail of such Services.

Information submitted through all feedback forms on the Website is stored in a database.