CAPAPIE SPORTS EQUIPMENT General Terms and Conditions

Please read the Terms carefully before availing/registering for any of CAPAPIE SPORTS EQUIPMENT products under the brand name “CAPAPIE SPORTS EQUIPMENT” (“Hereinafter referred as CAPAPIE SPORTS EQUIPMENT products”). By clicking on "Submit" button and/or availing any of the CAPAPIE SPORTS EQUIPMENT products and/or access/use the Platform/ Website and/or by downloading the Mobile App, you agree to the Terms set-out hereunder and shall be bound by the same. If you do not wish to avail the CAPAPIE SPORTS EQUIPMENT products, please do not click on "Submit" button and/or use any of the CAPAPIE SPORTS EQUIPMENT products and/or access/use the Platform/Website and/or download the Mobile App.

The CAPAPIE SPORTS EQUIPMENT products shall be made available to the Consumer at the sole discretion of the CAPAPIE SPORTS EQUIPMENT. The Consumer unconditionally confirms that the Consumer shall comply with and be bound by these General Terms along with Specific Terms mentioned in Annexure A as in force from time to time. No act, delay or omission by the CAPAPIE SPORTS EQUIPMENTS shall affect its rights, powers and remedies under the Terms.

1. Definitions

   
   

   "Applicable Laws" shall mean all laws, statutes, codes, ordinances, decrees, rules, regulations, by-laws, published policies and guidelines, judicial or arbitral or regulatory judgments, orders, decisions, rulings or awards, including RBI Guidelines;

   
   

   "Affiliate" shall mean any of the holding, subsidiary, group, affiliate company and shall include any companycontrolled by or under its common control directly or indirectly;

   
   

   "CAPAPIE SPORTS EQUIPMENT" shall be entity owned and operated by Mrs. Rupali Rane (including its successors and assigns) having its office at Thane, Maharashtra, India

   
   

   "CAPAPIE SPORTS EQUIPMENT products" shall mean all products available on website www.capapiesports.com or mobile app of the CAPAPIE SPORTS EQUIPMENT which are available for saleand carry brand of CAPAPIE SPORTS EQUIPMENT.

   
   

   "CAPAPIE SPORTS EQUIPMENT Policy" shall mean any CAPAPIE SPORTS EQUIPMENT policy including policy in relation to this Agreement, rules, additional terms, processes framed and maintained by CAPAPIE SPORTS EQUIPMENT for the CAPAPIE SPORTS EQUIPMENT products from time to time andpublished on website www.capapiesports.com and/or Platform

   
   

   "Consumer (s)" shall mean any person who clicks on "Submit" button and/or avail the CAPAPIE SPORTS EQUIPMENT products and/or access/use Platform/CAPAPIE SPORTS EQUIPMENT products and/or download the Mobile App:

   
   

   "Consumer Application"/ "CAF" shall mean the application made by the Consumer for availing CAPAPIE products under these terms and conditions either online on CAPAPIEs Platform or through Service Partners or by physically submitting an application along with supporting documents and information subject to CAPAPIE SPORTS EQUIPMENT Policy;

   
   

   "KYC Guidelines" shall mean the Know Your Consumer guidelines of RBI and/or any other applicable regulators; "KYC Information" or "KYC" shall include but not limited to name, address, phone/mobile number, email address, Aadhaar details (subject to applicable laws) of the Consumer and documents prescribed by RBI Guidelines/Applicable Laws/CAPAPIE SPORTS EQUIPMENT Policy;

   
   

   "Platform" shall mean any online/offline platform designated by the CAPAPIE SPORTS EQUIPMENT which in including but not limited to the Mobile App, website namely www.capapiesports.com through which CAPAPIE SPORTS EQUIPMENT products will be made available by the CAPAPIE SPORTS EQUIPMENTto the Consumer;

   
   

   "Terms and Conditions" or "Terms" shall mean terms and conditions set-out in this document and shall mean both General terms and Specific terms alongwith any additional terms applicable to the CAPAPIE SPORTS EQUIPMENT products and any additions, modifications, amendments made thereto published on Platform and/or communicated to the Consumer thorough any other mode of communication time to time; and

   
   

   "Transaction(s)" shall mean any transaction made by the Consumer using CAPAPIE SPORTS EUIPMENTproducts

   
   

2. SCOPE OF SERVICES

   
   

   1. The Terms and any changes/modifications/amendments made thereto shall be published/communicated by the CAPAPIE SPORTS EQUIPMENT on the Platform and/or www.capapiesports.com and/or through any other mode of communication. The Consumer shall read and understand the Terms and any changes/modifications/amendments made thereto, CAPAPIE SPORTS EQUIPMENT Policy and Frequently Asked Questions before availing any CAPAPIE SPORTS EQUIPMENT products and keep itself abreast about any changes/modifications/amendments to the Terms by visiting the Platform from time to time. Any transaction done subsequent to the amendment/changes/modifications of the Terms will be considered as Consumers acceptance of the amended Terms.

      
      

   2. The Consumer shall go through the Frequently Asked Questions (FAQ) section available on Platform and keep itself abreast.

      
      

   3. The Consumer shall be bound by the terms and contents of the CAPAPIE SPORTS EQUIPMENT Policy.

      
      

   4. Any decision made by the CAPAPIE SPORTS EQUIPMENT in relation to the application made by the Consumer for availing the CAPAPIE SPORTS EQUIPMENT products shall be final and binding on the Consumer.

      
      

   5. The Consumer understand and agrees that CAPAPIE SPORTS EQUIPMENT shall directly access the Consumer location and any other data of the Consumer available through Platform and/or through Consumer's mobile phone for the purpose of CAPAPIE SPORTS EQUIPMENT products.

      
      

   6. The CAPAPIE SPORTS EQUIPMENT may declare its scheme and Consumer offers (Offer") at its own discretion time to time which shall be subject to the terms of the Offer. The CAPAPIE SPORTS EQUIPMENT shall have sole right to deny the Offer benefits to the Consumer if the CAPAPIE SPORTS EQUIPMENT is of the view that the Transaction is fraudulent, dubious or misused and/or the Consumer has not complied with the terms of the Offer.

      
      

   7. The incentives and other benefits which may be extended by the CAPAPIE SPORTS EQUIPMENT at its discretion pursuant to any promotional schemes of the CAPAPIE SPORTS EQUIPMENT will be subject to Applicable Law, CAPAPIE SPORTS EQUIPMENT Policy and terms and conditions of such incentive schemes.

      
      

   8. The CAPAPIE SPORTS EQUIPMENT may provide third party links including payment aggregator or payment facilitator link, to other websites that are maintained by third parties. These links are provided for the convenience of the Consumer only and the provision of these links does not mean that CAPAPIE SPORTS EQUIPMENT endorses these websites or the products and services these third parties provide. The Consumer acknowledges and agrees that the CAPAPIE SPORTS EQUIPMENT shall not be responsible and/or liable for any information/ content or any products/ services available on these third party websites. Consumer is required to ensure its own due-diligence before availing such services/products.

      
      

   9. The Consumer will not reproduce, sell, resell, duplicate, and copy any part of the CAPAPIE SPORTS EQUIPMENT products for any commercial purpose.

      
      

   10. The CAPAPIE SPORTS EQUIPMENT reserves the right to discontinue the CAPAPIE SPORTS EQUIPMENT products at any time at its sole discretion without giving any reason to the Consumer and/or if there are discrepancies in the information provided by the Consumer and/or the particulars provided by the Consumer in the KYC Information does not match with the details mentioned in the CAF and/or for any other reason whatsoever. In such cases, CAPAPIE SPORTS EQUIPMENT reserves its rights to take appropriate action as it may deem fit and proper without incurring any liability in any manner whatsoever.

       
       

   11. The Consumer hereby gives express consent to the CAPAPIE SPORTS EQUIPMENT to call the Consumer any time, to record any of its phone conversations and correspondence with the CAPAPIE SPORTS EQUIPMENT and use it for the purpose of defending any claims made by the Consumer or Merchant Establishment or for any other purpose in relation to these Terms and/or as per the applicable laws. The CAPAPIE SPORTS EQUIPMENT shall be entitled to submit the said phone conversations and/or correspondence on the records of the legal and regulatory authorities as an evidence or for any other purpose at its own discretion or as and when demanded by them.

       
       

   12. The records maintained by the CAPAPIE SPORTS EQUIPMENT in relation to the CAPAPIE SPORTS EQUIPMENT products, Transaction records including but not limited to the traces of the emails/SMS, Consumer phone recordings etc. available with the CAPAPIE SPORTS EQUIPMENT shall be sole and conclusive proofs and shall be final and binding on the Consumer. The CAPAPIE SPORTS EQUIPMENT shall maintain the said records for the period as may deem fit by the CAPAPIE SPORTS EQUIPMENT and shall share the same with any legal and/or regulatory authority as it deems fit or as per the provisions of Applicable Laws and/or for the purpose of defending or taking suitable legal actions.

       
       

   13. The CAPAPIE SPORTS EQUIPMENT may change the mode/method of manufacturer and supply of CAPAPIE SPORTS EQUIPMENT products or the CAPAPIE PRODUCT products itself and/or Platform any time without giving any notice to the Consumer.

       
       

   14. The Consumer shall be sole and exclusive owner of the product related information or Mobile PIN and/or code and/ or password and/or OTP (each hereinafter referred to as "Authentication PIN issued by CAPAPIE SPORTS EQUIPMENT or set by the Consumer on Platform and the Consumer shall keep the same confidential. The Consumer shall accept sole responsibility for use, confidentiality and protection of the Authentication PIN. The Consumer grants express authority to the CAPAPIE SPORTS EQUIPMENT for processing the Transactions and instructions of the Consumer authenticated by the Consumer by providing the Authentication PIN/Fingerprint Biometrics/facial recognition of the Consumer and/or any other authentication method available on the Platform. Consumer shall provide correct mobile number to the CAPAPIE SPORTS EQUIPMENT on which Consumer wish to avail the CAPAPIE SPORTS EQUIPMENT products including Authentication PIN etc. The Consumer shall be solely responsible to ensure that the mobile number and other credentials of the Consumer submitted by the Consumer with the CAPAPIE SPORTS EQUIPMENT are correct and belongs to the Consumer.

       
       

   15. The Consumer shall not respond to any unauthorized SMS/ e-mail/ phone call in which the Authentication PIN, biometrics or any other personal confidential information are asked for. The CAPAPIE SPORTS EQUIPMENT shall, in no manner whatsoever, be held responsible or liable, if the Consumer incurs any loss as a result of the Authentication PIN, biometrics or any other personal confidential information being disclosed/ shared by the Consumer with any unauthorized persons or in any other manner whereby the security of the Authentication PIN, Accounts, CAPAPIE SPORTS EQUIPMENT products, biometrics or any other personal confidential information of the Consumer is compromised.

       
       

   16. The Consumer shall immediately inform the CAPAPIE SPORTS EQUIPMENT by calling on 7030576699 or communicating on info@capapiesports.org or submitting written application with the CAPAPIE SPORTS EQUIPMENT for the following reasons

       
       

       1. if his/her account is hacked, misused or if there is any fraudulent transaction; or

          
          

       2. in event the Consumer's mobile having Platform is lost/stolen; or

          
          

       3. any issues/grievances. in relation Accounts/Platform/CAPAPIE SPORTS EQUIPMENT products; or

          
          

       4. for any other support in relation to the Platform.

          
          

          In case of aforesaid scenarios, the CAPAPIE SPORTS EQUIPMENT shall take following actions

          
          

          1. in case of scenario mentioned at point (I) above, the CAPAPIE SPORTS EQUIPMENT shall close/block the Account of the Consumer as per the request of the Consumer or at the sole discretion of the CAPAPIE SPORTS EQUIPMENT. The Consumer shall be solely liable and responsible for the loss due to such hacking, misuse, fraudulent transactions etc. till the CAPAPIE SPORTS EQUIPMENT receives the intimation from the Consumer as mentioned in Clause 2:16. Further action shall be as per the CAPAPIE SPORTS EQUIPMENT CAPAPIE SPORTS EQUIPMENT Policy,

             
             

          2. in case of scenario mentioned at point (II) above, the CAPAPIE SPORTS EQUIPMENT shall close/block the Account of the Consumer as per the request of the Consumer or at the discretion of the CAPAPIE SPORTS EQUIPMENT. The Consumer shall be solely liable and responsible for the loss due to such hacking, misuse, fraudulent transactions etc. till the CAPAPIE SPORTS EQUIPMENT receives the intimation from the Consumer as mentioned in Clause 2.10. Further action shall be as per the CAPAPIE SPORTS EQUIPMENT Policy:

             
             

          3. in case of scenario mentioned at point (III) above, the CAPAPIE SPORTS EQUIPMENT will try to resolve the grievances/issues of the Consumer as per CAPAPIE SPORTS EQUIPMENT Policy. If the Consumer is not satisfied with the response provided by the CAPAPIE, the Consumer may approach the appropriate court.

          
          

   17. The Consumer hereby gives express consent and authority to the CAPAPIE SPORTS EQUIPMENT to send any messages, notices or any other details including related to the CAPAPIE SPORTS EQUIPMENT and/or its Affiliates product/ services on the mobile number/email address/residential address/official address provided/updated by the Consumer on the records of the CAPAPIE SPORTS EQUIPMENT. The CAPAPIE SPORTS EQUIPMENT shall send any notice and/or communication by push notifications, email, SMS, on Platform or by any other mode of communication including by post, courier at its discretion. However, the Consumer shall send any notice to the CAPAPIE SPORTS EQUIPMENT in relation to the CAPAPIE SPORTS EQUIPMENT products on the registered address of the CAPAPIE SPORTS EQUIPMENT published on the Platform.

       
       

   18. The Consumer hereby agrees and confirms that a) CAPAPIE SPORTS EQUIPMENT shall provide CAPAPIE SPORTS EQUIPMENT products and associated services directly and/or through authorized representatives under this Agreement b) CAPAPIE SPORTS EQUIPMENT may appoint/engage authorized representative to collect KYC documents from the Consumer on behalf of the CAPAPIE SPORTS EQUIPMENT and the Consumer shall have no objection on the same c) the CAPAPIE SPORTS EQUIPMENT shall verify KYC documents of the Consumer as per the Applicable Laws and the Consumer shall have no objection on the same d) verification of the Consumer and its KYC documents including Aadhaar is mandatory requirement for availing products from CAPAPIE SPORTS EQUIPMENT e) CAPAPIE SPORTS EQUIPMENT shall hold and use such Consumer data as per applicable laws.

       
       

       If any process, summons, order, injunction, execution, restraint, levy, lien, information, notice, judgment, decree, mandate, attachment order etc. ("Order") is received by the CAPAPIE SPORTS EQUIPMENT from any legal and/or regulatory authority, the CAPAPIE SPORTS EQUIPMENT shall take suitable action as per the Order and as per the CAPAPIE SPORTS EQUIPMENT Policy in relation to such scenarios.

       
       

       The Consumer agrees that if the Order is passed by the legal and/or regulatory authority as mentioned above in relation to the Accounts, the CAPAPIE SPORTS EQUIPMENT shall take action in relation to the Account as per the CAPAPIE SPORTS EQUIPMENT Policy. The CAPAPIE SPORTS EQUIPMENT shall endeavor to inform the Consumer about the receipt of the Order but shall not be bound to do so.

       
       

   19. For provision of the CAPAPIE SPORTS EQUIPMENT products the CAPAPIE SPORTS EQUIPMENT may at its sole discretion without any prior intimation to or approval of the Consumer, appoint any authorized person (s)/agents for providing the CAPAPIE SPORTS EQUIPMENT products and the Consumer shall hereby agrees that the Consumer shall have no objection on the same and the CAPAPIE SPORTS EQUIPMENT can appoint such authorized persons as the CAPAPIE SPORTS EQUIPMENT may, in its absolute discretion, deem necessary.

       
       

   20. The CAPAPIE SPORTS EQUIPMENT may at its sole discretion, decide not to carry out any instructions of the Consumer in relation to the CAPAPIE SPORTS EQUIPMENT products where the CAPAPIE SPORTS EQUIPMENT has reason to believe that the instructions of the Consumer are not genuine or are otherwise improper or unclear or raise a doubt. The CAPAPIE SPORTS EQUIPMENT may rely on the authority of each authorized signatory designated by the Consumer or on a Consumers mandate to send communications until the CAPAPIE SPORTS EQUIPMENT has received written notice or other notice acceptable to it of any change from a duly authorized person and the CAPAPIE SPORTS EQUIPMENT has a reasonable time to act (after which time it may rely on the change).

       
       

   21. The Consumer agrees that a) only numbers registered on "Do Not Disturb” shall not be considered for telemarketing offers for the products offered by the CAPAPIE SPORTS EQUIPMENT. The CAPAPIE SPORTS EQUIPMENT shall not be responsible or liable for any calls made on a number not registered on Do Not Disturb b) registration on Do Not Disturb shall not limit calls from the CAPAPIE SPORTS EQUIPMENT and any third parties duly authorized by the CAPAPIE SPORTS EQUIPMENT, on account of Account, CAPAPIE SPORTS EQUIPMENT products maintenance or any other related issues, for administering or servicing of any CAPAPIE SPORTS EQUIPMENT products availed by the Consumer, Alerts on Transactions, Alerts on CAPAPIE SPORTS EQUIPMENT products, recovery calls etc.

       
       

   22. The Consumer represents and warrants that the Consumer is at least 18 (eighteen) years of age and have not been disqualified for any reason by the CAPAPIE SPORTS EQUIPMENT and/or any legal or regulatory authority for availing the CAPAPIE SPORTS EQUIPMENT products at any point in time.

       
       

   23. The CAPAPIE SPORTS EQUIPMENT may set limit on the amount of Transaction to be conducted using the CAPAPIE SPORTS EQUIPMENT products as per the Applicable Laws and/or the CAPAPIE SPORTS EQUIPMENT Policy. The said limit on the amount of the Transaction shall be binding on the Consumer.

       
       

   24. CAPAPIE may in its discretion deny any split payments towards availing CAPAPIE SPORTS EQUIPMENT products

       
       

   25. The CAPAPIE reserves the right to reject any applications or order made by Consumer any time at its sole discretion.

       
       

   26. The Consumer shall be bound by Terms and the Policies of the CAPAPIE SPORTS EQUIPMENT which is including but not limited to Consumer refund policy. The CAPAPIE shall publish these Terms, Policies, Consumer refund policies including any modifications, amendments made thereto at its website is www.capapiesports.com The Consumer shall keep itself updated by referring to the same.

       
       

   27. The Consumer agrees that the CAPAPIE SPORTS EQUIPMENT shall provide only online statement of Account on the Platform if requested by Consumer. Such statement can be downloaded or shared on email of the Consumer by the Consumer for getting the print of the said account statement. If there is any dispute regarding any Transactions listed in the said statement of account, Consumer must inform the CAPAPIE SPORTS EQUIPMENT within 30 days of the Transaction through email and/or raising the complaint through the communication mediums / contact details available on Platform. The CAPAPIE SPORTS EQUIPMENT will conduct investigation and revert on such transactions as per the CAPAPIE SPORTS EQUIPMENT Policy.

       
       

   28. If Account of the Consumer is not used for the period 1 year by the Consumer, it shall be treated as dormant account/inoperative account. The Consumer shall not be able to use/access/transact in Account if the Account becomes dormant/inoperative. The Consumer may activate the Account by making an application to the CAPAPIE SPORTS EQUIPMENT and his/her account can be activated by making one transaction subject to these Terms

       
       

   29. SALE PRICE AND CHARGES

       
       

       1. Usage and operation of the online Account, CAPAPIE SPORTS EQUIPMENT products including Mobile App/Platform is subject to payment of sale price, service charges, fees, other charges communicated by the CAPAPIE SPORTS EQUIPMENT on the www.capapiesports.com and/or Platform and/or other modes of communication from time to time ("charges"). The charges shall be exclusive of applicable taxes, GST, duties, cess etc. Any changes made to the charges shall be communicated by the CAPAPIE SPORTS EQUIPMENT on the www.capapiesports.com and/or Platform from time to time. The Consumer unconditionally and irrevocably authorizes the CAPAPIESPORTS EQUIPMENT to debit online Account and/or amounts of the Consumers available with the CAPAPIE SPORTS EQUIPMENT from time to time with an equivalent charges and taxes applicablefor the issue and use of the CAPAPIE SPORTS EQUIPMENT products. The Consumer shall go through the Fees, charges and applicable taxes published/communicated on the www.capapiesports.com /Platform/other modes of communication before using the CAPAPIESPORTS EQUIPMENT products every time at its sole discretion

          
          

       2. While the CAPAPIE SPORTS EQUIPMENT shall exercise due caution, the Consumer agrees that theCAPAPIE SPORTS EQUIPMENT shall have no duty to verify the correctness of any instructions orthe identity of the sender of the instructions and the Consumer expressly agrees to be bound by any instructions and communications, whether or not authorized, sent in Consumer’s name and accepted by the CAPAPIE SPORTS EQUIPMENT.

          
          

       3. The CAPAPIE SPORTS EQUIPMENT shall have lien on all amounts lying in the Account towards

          1. ay amounts due to the CAPAPIE SPORTS EQUIPMENT b) amounts payable third parties for the Transaction made by Consumer using the CAPAPIE SPORTS EQUIPMENT products and c) any fees, loss, charges, legal charges, penalties. any expenses, advocate fees, travelling charges etc, arisingout of use of the CAPAPIE SPORTS EQUIPMENT products by the Consumer and/or breach of the Terms by the Consumer. The Consumer hereby give consent and right to CAPAPIE SPORTS EQUIPMENT to mark lien and/or right of set off on the online Account.

             
             

3. PRIVACY POLICY AND COOKIE

   1. The Consumer agrees that he/she has gone through the privacy policy of the CAPAPIE SPORTS EQUIPMENT available at www.capapiesports.com for CAPAPIE SPORTS EQUIPMENT products and shall be bound by the same. The Consumer agrees that he/she shall read the privacy policy time to time and keep himself/herself/itself updated. The Consumer agrees that the policies of the CAPAPIE SPORTS EQUIPMENT shall be published on the Platform, and/or Mobile App and/or Platform or in any other electronic method available for communication and the Consumer shall be bound the said policies of the CAPAPIE SPORTS EQUIPMENT.

      
      

   2. The CAPAPIE SPORTS EQUIPMENT collects and processes the personal data of the Website visitors/registered Consumers, and the CAPAPIE SPORTS EQUIPMENT may send their promotional offers from time to time, unless the same is denied by the “Consumer”. CAPAPIE SPORTS EQUIPMENT informs its consumer on the CAPAPIE SPORTS EQUIPMENT application and Website about system changes, feature updates, and other technical news by e-mail. Therefore, all registered consumer on the CAPAPIE SPORTS EQUIPMENT app and website accept that they are added to the technical newsletter mailing list (if selected).

      
      

4. KNOW YOUR CLIENT (KYC), CONSUMER DATA AND RELATED TERMS

   1. Consumer shall submit all KYC Information as requested by the CAPAPIE SPORTS EQUIPMENT from time to time as per the CAPAPIE SPORTS EQUIPMENT Policy and to comply with various provisions of laws and regulation in India and keep its KYC Information updated in the records of the CAPAPIE SPORTS EQUIPMENT. The Consumer shall immediately inform any changes in its status, address, name, mobile number and any other KYC Information to the CAPAPIE SPORTS EQUIPMENT. The Consumer shall indemnify and keep the CAPAPIE SPORTS EQUIPMENT indemnified from any loss, dispute, actions, issues, compensation, litigation, damages etc, arising out of the same.

      
      

   2. The Consumer Agrees that the CAPAPIE SPORTS EQUIPMENT can share the information with payment network, NPCI, relevant acquirers, legal and regulatory authority in relation to the CAPAPIE SPORTS EQUIPMENT products.

      
      

   3. The Consumer hereby gives express consent to the CAPAPIE SPORTS EQUIPMENT to share any Consumer information/data, personal information and KYC Information and documents including the Transaction information, CAPAPIE SPORTS EQUIPMENT products availed by the Consumer without giving any prior intimation to the Consumer with any regulatory or legal authority as and when deems fit by the CAPAPIE SPORTS EQUIPMENT and/or as and when requested by legal or regulatory authority for the purpose of these Terms.

      
      

   4. The Consumer hereby gives express consent to the CAPAPIE SPORTS EQUIPMENT to obtain its Aadhaar number to get Consumer details from UIDAI subject to the Applicable Laws for the purpose of providing CAPAPIE SPORTS EQUIPMENT products to the Consumer.

      
      

   5. The Consumer agrees that CAPAPIE SPORTS EQUIPMENT shall collect/capture certain details of Consumer from his/her/its registered mobile phone/Platform which is including but not limited to mobile device identification details, geographical location etc. for the purpose of effective and better informed mentoring of Consumer's transactions with the CAPAPIE SPORTS EQUIPMENT.

      
      

   6. The Consumer acknowledge that unless & until the product details and KYC information/documents are purged permanently by the Consumer, the same may remain on the servers of CAPAPIE SPORTS EQUIPMENT.

      
      

5. COMPLIANCE WITH LAWS AND REGULATIONS AND RELATED TERMS

   1. The Consumer agrees that the CAPAPIE SPORTS EQUIPMENT will be entitled at all times, to act in accordance with applicable laws, without requiring to provide prior intimation of such actions to the Consumer. Any and all limits/constraints imposed by the applicable law shall apply to the online Account held by the Consumer.

      
      

   2. The Consumer shall not use online Account or CAPAPIE SPORTS EQUIPMENT products for any purpose that might be construed as contrary or repugnant to any Applicable Law, public policy or for any purpose that is contrary to CAPAPIE SPORTS EQUIPMENT Policy or might prejudice the goodwill of CAPAPIE SPORTS EQUIPMENT.

      
      

   3. Consumer shall comply with Applicable Laws for availing the CAPAPIE SPORTS EQUIPMENT products. The CAPAPIE SPORTS EQUIPMENT shall have right to repudiate its Products and related services to any Consumer if the Consumers name is appearing in the negative list of the CAPAPIE SPORTS EQUIPMENT due to any fraudulent/illegal transactions while availing CAPAPIE SPORTS EQUIPMENT products under these Terms.

      
      

6. Notice

   Notice may be given via a general notice on the Service or Application, or by electronic mail to the email address on Consumer account information, or by regular mail to the address on Consumer account information.

   
   

7. SUSPENSION, TERMINATION AND CANCELLATION OF PRODUCTS

   
   

   1. The CAPAPIE SPORTS EQUIPMENT may terminate these Terms and/or Account and/or any of theCAPAPIE SPORTS EQUIPMENT products any time without reason to the Consumer

      
      

   2. The CAPAPIE SPORTS EQUIPMENT reserves the right to suspend and/or discontinues any of the CAPAPIE SPORTS EQUIPMENT products and/or Platform or close online Account, at any time, without giving prior intimation to the Consumer, for any reason including but not limited to: (a) any suspected violation of any rules, regulations, orders, directions, notifications issued by legal authority by the Consumer from timeto time or for any violation of these Terms or compliance with any Applicable Laws or Policy of the CAPAPIESPORTS EQUIPMENT. (b) CAPAPIE SPORTS EQUIPMENT is of the view that there are fraudulent transactions in online Account and/or the CAPAPIE SPORTS EQUIPMENT products are being used for the fraudulent/illegal purposes, (c) any mis-presentation or discrepancy or suspected discrepancy in the particulars of KYC Information or CAF provided by the Consumer being unsatisfactory to CAPAPIE SPORTS EQUIPMENT, (d) Combatting potential frauds, sabotage, willful destruction, threat to national security for Any other force majeure reasons such as technical failure, modification, up gradation, variation, relocation, repair, maintenance and/ or any transmission deficiencies (e) ineligibility of the Consumer under any criteria as mandated by the CAPAPIE SPORTS EQUIPMENT (f) regulatory/legal authority mandates such closure/suspension or any court has given an order to close/freeze the Account (g) if the Consumer breach anyterms of the Terms and fails to cure such breach within 15 (fifteen) days (h) if the Consumer breach the applicable laws (i) if CAPAPIE SPORTS EQUIPMENT suspect suspicious or fraudulent or out of pattern Transactions.

      
      

   3. Prior to such suspension/ discontinuance of the CAPAPIE SPORTS EQUIPMENT Products and related services, the Consumer, at the sole discretion of the CAPAPIE and subject to Applicable Laws and/or CAPAPIE SPORTS EQUIPMENT Policy, shall be provided with the ability to transfer and/ or utilize the balances lying in online Account

      
      

   4. The CAPAPIE SPORTS EQUIPMENT reserves the right to cancel the Transaction/CAPAPIE SPORTS EQUIPMENT products in case of any network failure. In such case or for any other reason beyond the controlof the CAPAPIE SPORTS EQUIPMENT there could be delay or failure to complete the Transaction/ CAPAPIE SPORTS EQUIPMENT products. CAPAPIE SPORTS EQUIPMENT shall not be responsible for any kind of losses that may occur due to such delay or failure,

      
      

   5. The Consumer may terminate the online Account and/or other CAPAPIE SPORTS EQUIPMENT products by submitting an application with the CAPAPIE SPORTS EQUIPMENT. CAPAPIE SPORTS EQUIPMENTshall close the online Account/CAPAPIE SPORTS EQUIPMENT products after receiving an application as per the CAPAPIE SPORTS EQUIPMENT Policy. Before closing the online Account, the Consumer shall ensure to utilize the funds available in online Account through the Platform since Consumer shall not be ableto access the online Account after closing the online Account The Consumer agrees that the CAPAPIE SPORTS EQUIPMENT shall not be liable for any loss, consequence, litigation etc. arising out of or related to closure/suspension/freezing of online Account and/or the CAPAPIE SPORTS EQUIPMENT products and Consumer agree to indemnity and keep the CAPAPIE SPORTS EQUIPMENT indemnified from the same.

      
      

8. NO WARRANTIES

   CAPAPIE SPORTS EQUIPMENT Products and related services, Account, any other services and the Platform are provided on an "as is" and "as available" "with all faults" basis and does not warrant that the CAPAPIE SPORTS EQUIPMENT products, and Platform or any of its software's will be uninterrupted, error free, accessible or operational at all times or that any defects will be corrected Use of the CAPAPIE SPORTS EQUIPMENT products, and Platform under these Terms is at the Consumers own risk. To the maximum extent permitted by applicable law, the CAPAPIE SPORTS EQUIPMENT products and Platform are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by the Consumer from the CAPAPIE SPORTS EQUIPMENT or through the CAPAPIE SPORTS EQUIPMENT products, Account or Platform will create any warranty not expressly stated herein. Without limiting the foregoing, the CAPAPIE SPORTS EQUIPMENT, its processors, its providers, its licensors (and their respective subsidiaries, affiliates, directors, and employees) do not warrant that the content is correct, that the CAPAPIE SPORTS EQUIPMENT products. Account and Platform will meet the Consumers requirements; that the CAPAPIE SPORTS EQUIPMENT products, Account and Platform will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected, or that the CAPAPIE SPORTS EQUIPMENT products and Platform is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the CAPAPIE SPORTS EQUIPMENT products, Platform as the case may be is downloaded at the Consumer's own risk and Consumers will be solely responsible for any damage to his property or loss of data that results from such download. CAPAPIE SPORTS EQUIPMENT does not warrant, endorse, guarantee, or assume responsibility for any product or service or any coupons advertised or offered by a third party through the CAPAPIE SPORTS EQUIPMENT products or any hyperlinked website or service, or featured in any banner or other advertising and the CAPAPIE SPORTS EQUIPMENT will not be a party to or in any way monitor any Transaction between the Consumer and third-party providers of such products or services or the coupons.

   
   

9. INTELLECTUAL PROPERTY

   The CAPAPIE SPORTS EQUIPMENT and its Affiliates shall be the owner/licensor/licensee of any of its software's, websites, app, trademarks, trade secrets, trade names, designs, patents, copyrights, intellectual property and any of its copies, derivative work etc. (“Intellectual Property”). The Consumer shall not use any Intellectual Property of the CAPAPIE SPORTS EQUIPMENT its Affiliates without prior written consent from the CAPAPIE SPORTS EQUIPMENT. The Consumer agrees that he/she shall have no claims/rights of whatsoever nature in the intellectual property rights arising out and in connection with Platform, Account and CAPAPIE SPORTS EQUIPMENT products. The Consumer further undertakes that he/she shall not attempt to modify, altar, obscure, translate, disassemble, decompile or reverse engineer the software underlying mobile application or create any derivative product based on the software/Platform or any of the Intellectual Property of the CAPAPIE SPORTS EQUIPMENT and Affiliates The Consumer understands that the user interface, graphics, logos, design, compilation, information, products, services, Softwares, and all other elements of the Platform. Account and CAPAPIE SPORTS EQUIPMENT Products are protected by copyright, designs, patent and trademark laws and other intellectual property or proprietary rights of CAPAPIE SPORTS EQUIPMENT and/or Affiliates

10. INDEMNITY

    The Consumer shall be liable to the CAPAPIE SPORTS EQUIPMENT for losses, expenses, compensation, damages etc. and agrees to indemnity and keep the CAPAPIE SPORTS EQUIPMENT and its Affiliates indemnified from any and all claims, losses, damages, liabilities, costs and expenses including without limitation legal fees and expenses arising out of or related to (i) Consumer's use or misuse of the CAPAPIE SPORTS EQUIPMENT products, online Account, Platform or any use of the CAPAPIE SPORTS EQUIPMENT products, online Account of the Consumer by any third party in breach of agreements, representations and warranties and covenants made by the Consumer under the Terms in any action taken by the CAPAPIE SPORTS EQUIPMENT on the instructions of the Consumer in good faith (ii) any fraud or any loss or damage suffered by the CAPAPIE SPORTS EQUIPMENT due to any reason whatsoever which is including but not limited to the failure on the part of the Consumer to communicate correct permanent or communication address, communication number, email address or any other KYC Information.

    
    

11. LIMITATION OF LIABILITY

    1. The CAPAPIE SPORTS EQUIPMENT shall not be liable to the Consumer for any delays, loss of business, profit, revenue or goodwill, anticipated savings, damages, fees, costs, expense, etc. or for any indirector consequential loss, howsoever arising, on account of unavailability/availability/ usage of CAPAPIE SPORTS EQUIPMENT products, online Account, or otherwise by the Consumer.

    2. The CAPAPIE SPORTS EQUIPMENT shall not be liable to the Consumer for a) any indirect consequential, special, unitive, incidental loss or damages arising out of or in relation to use or failure to use of any of the CAPAPIE SPORTS EQUIPMENT products including b) loss of profit, loss of business opportunity, loss of revenue, loss of goodwill or any other indirect losses c) loss or damage arising out of or in relation to use or misuse or damage to the any a electronic device used by the Consumer for conducting the Transactions (d) any issues which are out of control of the CAPAPIE SPORTS EQUIPMENT.

       
       

12. FORCE MAJEURE

    The CAPAPIE SPORTS EQUIPMENT shall not be liable for any losses caused by its inability or delay in providing all or any CAPAPIE SPORTS EQUIPMENT Products and related Services or Account or fulfilling any of the CAPAPIE SPORTS EQUIPMENT obligations hereunder, either wholly or in part, caused by or in connection with any force majeure events including but not limited to restrictions or convertibility. transferability, requisitions, involuntary transfers, riot, disturbance, strikes, lock-outs, bandhs, war, civil strike, burglary, lockdown, pandemic, theft, dacoity, accidents, technical faults, including problems related to the computers, accessories, software's, printers, fax machines internet, telephone systems and such related hardware and software beyond the control of the CAPAPIE SPORTS EQUIPMENT , breach of the trust by any authorized person, Service Partners, flood, fire, earthquake, acts of God, set of any regulatory or statutory nature or if the performance of such obligation or provision of such service would result in breach of any law, regulation or other requirements of any governmental or other authority or on account of any other restrictions, requisition or other circumstances or events whatsoever beyond the control of the CAPAPIE SPORTS EQUIPMENT and the CAPAPIE SPORTS EQUIPMENT shall not be obliged to provide any warranty or perform any obligation hereunder during the period while the CAPAPIE SPORTS EQUIPMENT performance is affected by force majeure conditions. The CAPAPIE SPORTS EQUIPMENT shall not be responsible for any loss or damage caused to the Consumer by reason of any failure to comply with the Consumer instructions when such failure is caused due to reasons beyond the control of the CAPAPIE SPORTS EQUIPMENT, the opinion of the CAPAPIE SPORTS EQUIPMENT being final in this regard.

    
    

13. ASSIGNMENT

    The CAPAPIE SPORTS EQUIPMENT shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies. Further, the Consumer agree that Terms herein can be novated vis a-viz CAPAPIE SPORTS EQUIPMENT with any of its Affiliate, associates and/ or group companies of the CAPAPIE SPORTS EQUIPMENT and the Consumer hereby irrevocably consents to the same. The Consumer shall have no right to assign these Terms with any third party.

    
    

14. DISPUTE RESOLUTION

    Any party may refer any disputes under these Terms to the arbitration of single arbitrator to be appointed mutually by the Parties to the dispute. The provisions of the Arbitration and Conciliation Act, 1996 any enactment of statutory modification thereof shall be applicable to such arbitration. The arbitration proceedings shall be in the English language. The place of arbitration shall be Thane. The award of the arbitral tribunal shall be final and binding upon the Parties Courts in Thane shall have exclusive Jurisdiction. Consumer may send any notice under the Dispute clause at the registered office address of the CAPAPIE SPORTS EQUIPMENT.

    
    

    1. USE OF MOBILE APP

       1. Text Messaging: By creating an account, the user agrees that CAPAPIE SPORTS EQUIPMENT may send the text (SMS) message as part of the normal operation of the service. The consumer informs CAPAPIE SPORTS EQUIPMENT that he/she no longer wishes to receive such Text messages (SMS). Consumers acknowledge that opting out of receiving text (SMS)messages may impact their use of the services.

       2. Promo Code: CAPAPIE SPORTS EQUIPMENT may, at its sole discretion, create promotional codes that may be redeemed for account credits, or other features or benefits relating to the services and/or third-party providers, subject to any additional terms that CAPAPIE SPORTS EQUIPMENT establishes per promotional code ("Promo code").

       3. OTP related Terms & Conditions: One-time password (OTP) systems provide a mechanism for logging on to a network or service using a unique password that can only be used once, as the name suggests. The OTP feature prevents some forms of identity theft by making sure that a captured user name/password pair cannot be used a second time.

       4. Email ID Verification related Terms & Conditions: An email address is a valuable piece of data. One of your greatest assets for your entire digital marketing program is a database full of fresh, accurate and active email addresses.

       5. User Profile:

          To use the Services through online account, you agree that for below Points. Creating an account with false information is a violation of our terms

          1. Consumer must be the "Minimum Age"(18 Years) or older

          2. Consumer will only have one self-account, which must be in your real name (as per ID Proof).