This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. The website is owned by YouTooCanRun Sports Management Private Limited, having its registered office at 3 A Valmiki, Sunder Nagar, Kalina, Mumbai – 400098 (hereinafter referred to as “YouTooCanRun”)
Use of the Website is intended to be available only to persons who are competent to enter into legally binding contracts under existing Indian laws. If you are a minor i.e. under the age of 18 years, you shall not transact on or use the website, except through your parents or legal guardian. Non compliance of the above will result in immediate termination of use and access to the Website.
- User ID
- Transaction and Communications
Your use of the Website confirms your understanding about electronic communication and records and You agree to receive communication via electronic means from Us as and when required or otherwise. You also understand that the Website is a platform that Users utilize to meet and interact with one another for their transactions. We cannot be a party to or control in any manner any transaction between the Website’s Users.
- Contracts :
All terms of a transaction are agreed by and between the Buyers and Sellers alone. YouTooCanRun does not control any aspect of the same, and hence is not liable.
- No Representations:
YouTooCanRun does not make any Representation or Warranty with respect to the goods or services transacted between the Buyer and the Seller, nor does it support or endorse any transaction, and therefore does not accept any liability arising out of the same, including those for non-performance and/ or breach. YouTooCanRun will not mediate in any such matters. You are expected to undertake all appropriate due diligence before entering into a transaction.
At no point in the transaction shall YouTooCanRun take possession of any of the products. The possession of such products that are transacted shall pass directly from the Seller to the Buyer. YouTooCanRun shall not have right, title or interest in the products or services offered by the Seller on the Website, nor shall it have any obligations or liabitities in respect of the same.
- Terms of the Transaction:
All the terms of the transaction shall be independently agreed between the Buyer and the Seller, and YouTooCanRun shall have no liabilities except that it will only provide a platform vide the Website, wherein the Buyer and Seller can meet, discuss and conclude the transaction on their mutually agreed terms.
You shall indemnify and hold YouTooCanRun, or any of its employees and representatives harmless from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and shall not have any claims whatsoever against Us.
YouTooCanRun does not charge any amount from the Users for transacting on the Website. The prices quoted on the Website have been fixed by the Seller and will be quoted in Indian Rupees. The Seller shall be totally responsible to comply with all the laws, rules and regulations as may be applicable from time to time while making payments on the Website.
- Prohibited Actions:
i) You shall not host, display, upload, modify, publish, transmit, update or share any content which is :
- not your own and over which you do not have any right.
- harmful, illegal, obscene, or encourages illegal or unlawful activities,
- misleading, offensive, sexually explicit, harasses, or promotes hatred,
- infringes or violates any third party rights including privacy or intellectual property rights.
- redirects to any restricted or hidden pages.
- provides instructions or tutoring about illegal activities.
- attempts to get un authorised access to the Website or to any parts, or components of the site.
- engages in any commercial activities without Our prior written consent.
- designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- used to threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
ii) You shall not use any device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the structure or presentation of the Website or any Content, to obtain or attempt to obtain any information which is not made available through the Website, or to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
iii) You shall not make any defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of YouTooCanRun or sellers on the Website.
iv) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws.
vii) By using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website.
- Contents Posted on Site
iii) You may download the information on the products and services, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
- Disclaimer of Warranties and Liability
i) This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, We do not warrant that this Website will be constantly available, or available at all; or that the information on this Website is complete, true, accurate or non-misleading.
ii) We will not be liable to You in any way in relation to the Contents of, or use of, or otherwise in connection with, the Website. We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
iii) Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
iv) You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, for order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
The listing description of the item must not be misleading and must describe actual condition of the product. If the same does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer.
While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase.
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render YouTooCanRun liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.
- You understand, accept and agree that the payment facility provided by Us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks.
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
- You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent.
- You, as a Buyer, shall electronically notify Payment Facility using the appropriate Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
- You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
- You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
- Refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received. For Cash On Delivery transactions, refunds, if any, will be made transfer to Your designated Bank account.
- Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- For electronic payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- Refund shall be conditional and shall be with recourse available to YouTooCanRun in case of any misuse by Buyer.
- Refund shall be subject to Buyer complying with Policies.
We reserve the right to impose limits on the number of Transactions or Transaction Price which We may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
We reserve the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
We may conduct such checks as we deem fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at Our discretion. As a result of such check if We are not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, We will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
We may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if We deem suspicious or for Buyers conducting high transaction volumes, to ensure safety of the Transaction and Transaction Price. In addition, We may hold Transaction Price and We may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials, in the event the Buyer is engaged in any form of illegal activity.
The Buyer and Seller acknowledge that YouTooCanRun will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of YouTooCanRun.
- Compliance with Laws
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the Website.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
- Limitation of Liability:
30 Day Replacement Guarantee
The 30 Day Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within 30 days from the date of delivery of the product/s, if any defect is found, then the Buyer of the product/s can ask for replacement of the product/s from the Seller subject to the Buyer notifying either the Seller or YouTooCanRun of any defects in the product/s at the time of delivery of the product/s and/or within 30 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.
Following products shall not be eligible for return or replacement:
- Damages due to misuse of product;
- Any consumable item which has been used;
- Products with tampered or missing serial/UPC numbers;
- Any damage/defect which are not covered under the manufacturer’s warranty
- Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
On Clothing, Footwear and Jewellery, qualified sellers accept 30 day exchange subject to the following conditions:
Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.
Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
Damaged or defective clothing and footwear products are meanwhile covered by the 30 Day Replacement Guarantee.
If YouTooCanRun suspects or has knowledge, that any of its Buyers and Sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then We may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing any protection.
In addition to the legal proceedings as aforesaid, We may at Our sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from the Website. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
- Applicable Law and Jurisdiction
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. We make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and We are not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
- Trademark, Copyright and Restriction
This site is controlled and operated by YouTooCanRun and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, if any, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.