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Terms And Conditions

I. ACCEPTANCE OF TERMS OF USE AND OTHER POLICIES

  1. User Agreement: All references to "you" or "your" pertain to the individuals accessing, using, and participating in the Toz Platform ("Users"). If you use the Toz Platform on behalf of an entity, you affirm that you have the authority to bind that entity. Your acceptance of the Terms of Use signifies your agreement with Toz sports, and you are bound by the terms outlined here.

 

  1. Terms of Use and Privacy Policy: The Toz Platform, including the website (https://whizlle.com) and the mobile application (App), is governed by these Terms of Use. Toz sports LLP ("Toz sports") owns and operates the Toz Platform. By using the Toz Platform, you enter into a legally binding agreement with Toz sports. Read these terms carefully, as they define your rights, obligations, and limitations. Your use of the Toz Platform implies acceptance of these Terms of Use and other Toz sports policies, including the Privacy Policy (https://whizlle.com/privacy-policy).

 

  1.  Amendments to Terms of Use: These Terms of Use and associated documents are subject to change. Toz sports reserves the right to modify them at any time by posting updates on the domain (https://Tozsports.com/terms-users). It is your responsibility to regularly review the terms. Notification of changes may appear through a 'pop-up' on the screen. Failure to review and consent to updated terms may result in the termination of your existing registration.

 

II. USE OF PLATFORM AND SERVICES

  1. Membership eligibility criteria: 

 

  1. You need not register with Toz Sports to simply visit and view the Toz Platform, but to access and participate in certain features of the Toz Platform, you will need to create an account by submitting your name, mobile number, and/or email address through the account registration page/screen on the Toz Platform. An Account holder is sometimes referred to on the Toz Platform as a "Registered User."

 

  1. Use of the Toz Platform is available only to individuals who are capable of forming legally binding contracts under applicable law. You represent, acknowledge, and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Toz Platform and Services offered by the Toz Platform do not violate any applicable law or regulation. Your Account may be terminated without warning if we, at our discretion, believe that you are not complying with any applicable laws, rules, or regulations. Further, if you are not of the authorized age and you access the Toz Platform, please be aware that it shall be assumed that your usage was authorized by such person, who is your parent or guardian, and that such person has supervised your usage.

 

  1. We reserve the right to suspend or terminate your Account and your access to the Services (i) if any User Content provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other Users, or us; and/or (iii) if you are found to be non-compliant with these Terms of Use.

 

  1. You are responsible for safeguarding your account information. You shall not disclose your account details to any third party and will take sole responsibility for any activities or actions under your Account. You shall notify Toz Sports immediately in case of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without prior consent from Toz Sports. You agree that you will not misrepresent yourself or represent yourself as another User of the Toz Platform. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, Toz Sports, or any others as a result of unauthorized use of your Account.

 

  1. Use of the Platform:  You agree, undertake, and confirm that your use of the Toz Platform shall be strictly governed by the following binding principles:

 

  1. You shall not host, display, upload, download, modify, publish, transmit, update, or share any information which:
  • belongs to another person and which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting, or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to any content which is in violation of the provisions of the Indian Penal Code, 1860;
  • is misleading or misrepresentative in any way;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
  • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
  • promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult);
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Toz Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Toz Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Toz Platform. Throughout these Terms of Use, Toz Sports' prior written consent means a communication coming from Toz Sports' legal department/authorized representative, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
  • solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
  • interferes with another User's use and enjoyment of the Toz Platform or any third party User and enjoyment of similar services;
  • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Toz Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  • harms minors in any way;
  • infringes any patent, trademark, copyright, or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, 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;
  • threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offense or prevents investigation of any offense or is insulting any other nation;
  • is false, inaccurate, or misleading;
  • directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force; or
  • Creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

 

  1. You shall not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, data harvesting, 'framing' (iframes), article 'spinning') on or in relation to the Toz Platform without express written consent from Toz Sports.

 

  1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Toz Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Toz Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Toz Platform. We reserve our right to prohibit any such activity.

 

  1. You shall not attempt to gain unauthorized access to any portion or feature of the Toz Platform, or any other systems or networks connected to the Toz Platform or to any server, computer, network, or to any of the services offered on or through the Toz Platform, by hacking, "password mining" or any other illegitimate means.

 

  1. You shall not probe, scan or test the vulnerability of the Toz Platform or any network connected to the Toz Platform nor breach the security or authentication measures on the Toz Platform or any network connected to the Toz Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Toz Platform, or any other Buyer, including any account on the Toz Platform not owned by you, to its source, or exploit the Toz Platform or any service or information made available or offered by or through the Toz Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Toz Platform.

 

  1. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Toz Sports', or otherwise engage in any conduct or action that might tarnish the image or reputation of Toz Sports on the Toz Platform or otherwise tarnish or dilute any of Toz Sports' trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Toz Platform or Toz Sports' systems or networks, or any systems or networks connected to Toz Sports.

 

  1. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Toz Platform or any transaction being conducted on the Toz Platform, or with any other person's use of the Toz Platform.

 

  1. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Toz Platform or any service offered on or through the Toz Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

  1. You may not use the Toz Platform or any content on the Toz Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Toz Sports and/or others.

 

  1. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000, India, and the rules thereunder; (b) all applicable domestic laws, rules, and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances, and regulations (including, but not limited to goods and service taxes, income tax, and local levies) regarding your use of our Service and your listing, purchase, solicitation of offers to avail our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law, including exchange control laws or regulations for the time being in force.

 

  1. In order to allow us to use the User Content supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and the Privacy Policy applicable to the use of the Toz Platform.

 

  1. We will monitor your messages and interaction on the Toz Platform and if you are indulged in any form of advertising or solicitation, we reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Toz Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  2. We reserve the right, but have no obligation, to monitor the materials posted on the Toz Platform. Toz Sports shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Toz Platform and in your private messages. Please be advised that such content posted does not necessarily reflect Toz Sports' views. In no event shall Toz Sports assume or have any responsibility or liability for any content posted or for any claims, damages, or losses resulting from the use of content and/or appearance of content on the Toz Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or

 

  1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Toz Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. Toz Sports shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Toz Platform. Please note that Toz Sports does not warrant the quality or performance of any products or services hosted on the Toz Platform. Users are encouraged to exercise their personal discretion while choosing any product or service available on the Toz Platform.

 

  1. It is possible that other Users (including unauthorized Users or 'hackers') may post or transmit offensive or obscene materials on the Toz Platform, and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Toz Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Toz Platform, 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 Toz Platform. Please carefully select the type of information that you publicly disclose or share with others on the Toz Platform.

III. TERMS OF SERVICE

  1. Toz sports Role: Toz sports facilitates services offered by third-party Service Providers. Toz sports does not warrant the quality, endorse, or assume liability for products, services, events, or arenas provided by Service Providers.

 

  1.  Financial Transactions: Users may need to provide credit/debit card details to approved payment gateways. Users are responsible for providing accurate information, and Toz sports disclaim liability for unauthorized card use.

 

  1. Responsibilities and Representations:

 

  1. Users agree to bear the costs of accessing the Toz Platform, comply with applicable laws, and grant permission to receive promotional/transactional communication from Toz sports.

 

  1. By using the Toz Platform, Users represent that their registration information is accurate, their use is for personal purposes, and they own necessary rights for the content they provide. Users indemnify Toz sports from any consequences arising from their actions.

 

  1. These terms and conditions constitute a legal agreement between Users and Toz sports. It is advised to read and understand them thoroughly before using the Toz Platform.

 

  1. Endorsement and Identity Confirmation: The Toz Platform maintains a neutral stance, explicitly stating that it doesn't endorse any Service Provider. Moreover, it clarifies that identity confirmation of Service Providers is not within the platform's scope. This puts the responsibility on users to exercise due diligence when engaging with Service Providers.

 

  1. Liability Limitation: Users are explicitly instructed not to seek legal remedies from Toz concerning any actions or omissions of the Service Provider. This clause emphasizes the autonomy and independence of Service Providers, and users are expected to acknowledge this arrangement and not hold Toz accountable.

IV. GENERAL TERMS OF USE

  1. Payment and Refunds: Cancellation and refund policies are determined by individual vendors. Users are advised to carefully review the terms and conditions as well as the cancellation policy of the specific vendor before making a booking. It is essential to be aware that service charges will not be refunded.

 

  1. Service Provider Updates:  Toz emphasizes the reliance on Service Providers for accurate and updated information. If a Service Provider makes changes that aren't promptly reflected on the platform, the responsibility lies with the Service Provider to either replace the offerings or refund the user. This ensures a commitment to accurate and up-to-date information on the platform.

 

  1. User Responsibilities: This section outlines users' responsibilities concerning the confidentiality of identification codes and passwords. Toz reserves the right to disable user identification codes or passwords if users fail to comply with the stated provisions. This underlines the importance of secure and responsible use of the Toz Platform.

 

  1. Platform Usage: The Toz Platform is explicitly designated for use in select cities in India, and the terms assert compliance with applicable laws. Users accessing the platform from outside the designated areas do so at their own risk, emphasizing the importance of adhering to local regulations.

 

  1. User Representations: Users are required to provide truthful, lawful, and accurate registration information. The platform is to be used solely for personal purposes, and users are explicitly prohibited from authorizing others to use their account. Additionally, users must ensure that the content they submit complies with all relevant laws, emphasizing legal responsibility.

 

  1. Indemnification:  Users agree to indemnify Toz against any costs, damages, or liabilities arising from the actions of other users on the platform. This includes a waiver of claims under applicable laws of India. The limitations and disclaimers in the terms extend to protect not only Toz but also its officers, employees, agents, subsidiaries, and others.

 

  1. Third-Party Information:  Toz declares that it cannot take responsibility for or control the information provided by other users on the platform. Users are cautioned about the potential nature of information provided by others, highlighting the inherent risks associated with interacting on the platform.

 

V.  ACCESS TO THE PLATFORM, ACCURACY AND SECURITY

  1. Platform Availability: While Toz endeavors to make the platform available 24/7, the terms do not provide a guarantee of uninterrupted, error-free access. This clause acknowledges the inherent challenges in maintaining seamless accessibility.

 

  1. Warrant and damage: We do not warrant that the Toz Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Toz Platform or your obtaining any material from, or as a result of using the Toz Platform. We shall also not be liable for the actions of third parties.

 

  1. We do not represent or warranty that the information available on the Toz Platform will be correct, accurate or otherwise reliable.

 

  1. Suspension or Withdrawal: Toz retains the right to suspend or withdraw access to the platform at its discretion and without notice. This emphasizes the platform's autonomy in managing user access.

VI. RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES

  1. Mobile Access: In the context of mobile access, the terms make it clear that Toz is not associated, affiliated, sponsored, or endorsed by any mobile operator. Users are bound by the terms and conditions of their respective mobile operators, and Toz maintains sole responsibility for the platform.

 

  1. Operator's Rights:  The terms specify that the agreement is solely between the user and Toz, not involving mobile operators. Operators are considered third-party beneficiaries of the terms, ensuring that the agreement is enforceable by operators in case of disputes.

VII. DISCLAIMERS

  1. Platform Status: Toz acknowledges that the platform may undergo constant upgrades, and delays, omissions, or inaccuracies may occur due to electronic distribution. This disclaimer sets realistic expectations regarding the dynamic nature of the platform.

 

  1. Liabilities and Risks: The disclaimers cover a range of aspects, including unauthorized credit/debit card use, third-party services, and inherent risks associated with platform activities. Users are urged to independently verify the bona fides of other users, emphasizing the user's responsibility in making informed decisions.

 

  1. No Guarantees:  The terms explicitly state that no guarantees, representations, or warranties are provided regarding third-party services. Toz distances itself from liabilities arising from such services and emphasizes user discretion in dealing with third parties.

 

  1. Exceptions to Disclaimers: Exceptions are outlined, highlighting situations where Toz's liability is not limited, such as cases involving death, personal injury, fraud, or illegal matters. This ensures that certain critical scenarios are not exempt from legal scrutiny.

VIII. BREACH OF TERMS

Termination:  Toz reserves the right to terminate user accounts without notice in case of a violation of terms. Users are expected to indemnify Toz for losses incurred due to breaches. The terms outline the effects of termination, including the automatic termination of the right to participate in the platform.

IX. INTELLECTUAL PROPERTY

Ownership and Usage: Toz asserts ownership or rights to exercise intellectual property in the platform. Users are granted limited rights for personal use, with strict restrictions on commercial use without a license.

 

 

X. TREATMENT OF USER CONTENT

User Content Processing:  User content processing is conducted in accordance with Toz's Privacy Policy, emphasizing the platform's commitment to user data privacy.

XI. THIRD PARTY CONTENT

User Assumption of Risk: Users assume the risk of non-compliance by other users. Links to external sites are acknowledged, and users are made aware that Toz is not responsible for the content on those sites.

XII. SEVERABILITY

Illegal Provisions:  In case any term is deemed illegal, invalid, or unenforceable, it will be severed, ensuring that the remaining terms remain in force.

XIII. ASSIGNMENT

Assignment of Obligations: Toz retains the discretion to assign or transfer obligations, but users are prohibited from doing so. This underlines Toz's flexibility in managing its obligations.

XIV. GOVERNING LAW AND DISPUTE RESOLUTION

Jurisdiction:  The terms are governed by Indian laws, and any legal proceedings are subject to the jurisdiction of chennai courts. This clause provides clarity on the applicable legal framework and dispute resolution mechanisms.

XV. CONTACT US

Users are provided with a contact email for any questions or comments, fostering open communication between users and Toz.(user.support@tozsports.com)