This document is an electronic record in terms of Information Technology Act, 2000 ( India) and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the Excel Sports EXCEL Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Excel Sports’s EXCEL Website. If You are a minor i.e. under the age of 18 years, you shall not register as a member of the EXCEL and shall not transact or use EXCEL website. As a minor if You wish to use or transact on Excel Sports, such use or transaction may be made by your legal guardian or parents who have registered as users of the Excel Sports. Excel Sports reserves the right to terminate your membership and refuse to provide You with access to the Excel Sports if it is brought to Excel Sports’s notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Excel Sports, You agree and understand that you are communicating with Excel Sports through electronic records and you consent to receive communications via electronic records from Excel Sports periodically and as and when required. Excel Sports may communicate with you by email or by such other mode of communication, electronic or otherwise.
Membership on the Excel Sports EXCEL website is free. Excel Sports does not charge any fee for browsing and transacting on Excel Sports. However, Excel Sports reserves the right to charge fee and change its policies from time to time. In particular, Excel Sports may at its sole discretion introduce new services and modify some or all of the existing services offered on the Excel Sports website. In such an event Excel Sports reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Excel Sports. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Excel Sports.
Use of Website
You agree, undertake and confirm that your use of Excel Sports shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) Belongs to another person and to which You do not have any right to; or
(b) That is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
(c) Misleading in any way; or
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
(e) Harasses or advocates harassment of another person; or
(f) Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or
(g) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or
(h) 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]; or
(i) 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; or
(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
(m) Contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
(n) Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(p) Solicits gambling or engages in any gambling activity which Excel Sports, in its sole discretion, believes is or could be construed as being illegal; or
(q) Interferes with another user’s use and enjoyment of the Excel Sports Website or any other individual’s user and enjoyment of similar services; or
(s) Harm minors in any way; or
(t) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
(u) Violates any law for the time being in force; or
(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
(w) Impersonate another person; or
(x) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or obtains 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 identifiable information; or
(y) Threatens 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 to any other nation; or
(z) Shall not be false, inaccurate or misleading; or
(ab) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt 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
(ac)Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Excel Sports reserves the right to bar any such activity.
I. You shall not attempt to gain unauthorized access to any portion or feature of Excel Sports / Website, or any other systems or networks connected to Excel Sports Website or to any Excel Sports server, computer, network, or to any of the services offered on or through Excel Sports Website, by hacking, password “mining” or any other illegitimate means.
II. You shall not probe, scan or test the vulnerability of Excel Sports EXCEL Website or any network connected to Excel Sports Website nor breaches the security or authentication measures on Excel Sports EXCEL Website or any network connected to Excel Sports EXCEL Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Excel Sports EXCEL Website, or any other customer of Excel Sports , including any Excel Sport’s account not owned by You, to its source, or exploit Excel Sports EXCEL Website or any service or information made available or offered by or through Excel Sports EXCEL Website, 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 Excel Sports EXCEL Website.
III. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Excel Sports EXCEL Website or Excel Sports systems or networks, or any systems or networks connected to the Excel Sports EXCEL website.
IV. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
V. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission You send to Excel Sports on or through the EXCEL Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
VIII. From time to time, You shall be responsible for providing information relating to You or services proposed by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
X. You understand that Excel Sports has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Excel Sports Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with 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 authorise 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.
XII. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through Excel Sports, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. Excel 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 third party advertisers on Excel Sports.
XIII. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Excel Sports and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to your use of Excel Sports, and that the recipient may use such information to harass or injure You. Excel Sports does not approve of such unauthorized uses but by using the Excel Sports Website You acknowledge and agree that Excel Sports is not responsible for the use of any personal information that You publicly disclose or share with others on Excel Sports. Please carefully select the type of information that You publicly disclose or share with others on Excel Sports, or from Excel Sports on other social platforms (eg, but not limited to Facebook/Twitter etc).
XIV. Excel Sports shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
You may use information on Excel Sports products and services purposely made available by Excel Sports for downloading from the Site, provided that You
(1) Do not remove any proprietary notice language in all copies of such documents; or
(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; or
(3) Make no modifications to any such information; or
(4) Do not make any additional representations or warranties relating to such documents.
Excel Sports does not take responsibility or liability for the actions, products, content and services on Excel Sports website, which are linked to Affiliates and / or third party websites using Excel Sports APIs or otherwise. In addition, Excel Sports may provide links to the third party websites of affiliated companies and certain other businesses for which, Excel Sports assumes no responsibility for examining or evaluating the products and services offered by them, and Excel Sports does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Excel Sports does not in any way endorse any third party website(s) or content thereof.
Excel Sports don’t endorse links to this Website however, Excel Sports can welcome links from its sub brands and sister concerns/group companies on the website. You can’t establish a hypertext link to Excel Sports website. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Excel Sports, including any logos or characters, without the express written consent of Excel Sports and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Excel Sports website without Excel Sport’s prior written consent.
(1) You hereby declare that You have provided all necessary Legal Details for the shipment of the product to the destination specified by You in the Order.
(2) You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer of Warranties and Liability
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 Excel Sports 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, Excel Sports does not warrant that:
I.This website will be constantly available, or available at all; or
II.The information on this website is complete, true, accurate or non-misleading.
III. Excel Sports will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, Excel Sports website.
IV. Excel Sports does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through Excel Sports website; their servers; or electronic communication sent from Excel Sports are free of viruses or other harmful components;
V. Nothing on Excel Sports constitutes, or is meant to constitute, advice of any kind;
VI. All the products sold on Excel Sports are governed by different state laws and if Excel Sports is unable to deliver such products due to implications of different state laws, Excel Sports will return or will give credit for the amount received by Excel Sports from the sale of such product, that could not be delivered to You;
VII. You will be required to enter a valid phone number while placing an order on Excel Sports. By registering your phone number with us, You consent to be contacted by Excel Sports via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Excel Sports will not use your personal information to initiate any promotional phone calls or SMS’.
(1) While availing any of the payment method/s offered at Excel Sports , Excel Sports will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
I. Lack of authorization for any transaction/s; or
II.Exceeding the preset limit mutually agreed by You and between your “Bank/s”; or
III.Any payment issues arising out of the transaction ,or
IV.Decline of transaction for any other reason/s.
(2) All payments made against the purchases/services on Excel Sports website by You shall be compulsorily in Indian Rupees acceptable by the Union of India. Excel Sports does not accept any other form of currency with respect to the purchases made on Excel Sports.
Without limiting other remedies, Excel Sports may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide You with access to the Excel Sports website in the event, but not limited to:
II.If Excel Sports is unable to verify or authenticate any information you provide; or
III.If it is believed that your actions may cause legal liability for you, other Users or Excel Sports. Excel Sports may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Excel Sports or use Excel Sports Website in any manner whatsoever until such time that such User is reinstated by Excel Sports.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The courts at Kolkata, West Bengal, India shall alone have exclusive jurisdiction in any proceedings arising out of this agreement.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on Excel Sports website is presented solely for the purpose of sale in India. Excel Sports makes no representation that materials in Excel Sports 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 Excel Sports is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable. Customers out of India can log on to www.xlsport.com and can purchase products from selected site that made country wise.
Trademark, Copyright and Restriction
This site is controlled and operated by Excel Sports / XL Sports. All material on this site, including logo’s, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Excel Sports or by other parties that have licensed their material to us. Material on Excel Sports web site owned, operated, licensed or controlled by Excel Sports 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 e-mail 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 web site 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.
We at Excel Sports respect the Intellectual property rights of others. In case you feel that your work/posts/comments/images has been copied in a way that constitutes copyright infringement, You can write to us at firstname.lastname@example.org
Custom Kit Builder / Design Your Own Tool
We have introduced Custom Kit Builder/ Design Your Own Tool after taking into consideration that Customers like to give input on their Design Idea’s. To cut down communication time Custom Kit Builder/ Design Your Own Tool will be really helpful. However, Any design idea submitted/ designed/ made/ sketched/ thought off/ printed will be considered and will be Property of Excel Sports India and Customer will have no right over any design submitted/ designed/ made/ sketched/ thought off/ printed from the Website tyka.com including but not limited to Copyright and Intellectual Property Rights since the platform is provided by Excel Sports India.
However, all the logo/ logo’s provided by any person/ customer/ association/ teams/ clubs etc will be considered or deemed considered to be the right full owner of Logo/ Logo’s and the right full property of the customer/ association/ teams/ clubs etc. Excel Sports will be not held liable of any Breach of Copyright, Trademark and Intellectual Property right of any Logo/ Logo’s submitted by any person/ customer/ association/ teams/ clubs etc which is not legally owned/ created/ made/ sketched by any person/ customer/ association/ teams/ clubs etc. on our Kit Builder/ Custom Designing Tool.
Excel Sports India on its website www.excelsports.in and under its Custom Kit Builder / Design Your Own Tool will not accept any request or process any order where, We firmly believe that the Logo/ Logo’s are not owned by person/ customer/ association/ teams/ clubs etc. We will not only inform the concerned person/ customer/ association/ teams/ clubs etc but we will also initiate Legal action for miss using our website and our Kit Builder/ Designing Tool and to harm our image by doing such Illegal activity.
Risk of loss
All items purchased from tyka.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Excel Sports www.excelsports.in tries to be as details as possible. However, Excel Sports www.excelsports.in does not warrant that product description or other content of this site is accurate, complete, current, or error-free.
If www.excelsports.in comes across any difference in pricing resulting from typographic errors write pricing or product information, Excel Sports www.excelsports.in shall have the right to rectify the same or cancel the order(s) and refund the money, if any, collected from the customer within 15 to 20 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order.
Cancellation of order
Excel Sports reserves the right to cancel any order placed in www.excelsports.in without any explanation for doing so, under situation where Excel Sports is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Excel Sports policy or order has invalid address/incorrect information or for any other reason. However, Excel Sports will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Terms & Conditions for Promotions/Offers/End of Season Sale
Limitation of Liability
IN NO EVENT SHALL EXCEL SPORTS www.excelsports.in BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF EXCEL SPORTS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
PLUS A COMPLIMENTORY GIFT ON 1ST PURCHASE
Priority access to New Arrivals, Monthly Special Offers.
Special Birth Gift & Priority access to Season Sale.
*Don’t worry, we won’t spam our customers mailboxes