Terms & Conditions

1. Acceptance of Terms

By accessing or using forthumpire.com and any related products, features, applications, content, or services (collectively, the “Service”) operated by Forth Umpire (“Forth Umpire”, “we”, “us”, “our”), you (“you”, “User”) agree to be bound by these Terms & Conditions (these “Terms”), together with our Privacy Policy and Cookie Policy, each of which is incorporated by reference.

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

You must be at least eighteen (18) years of age and competent to enter into a binding contract under the Indian Contract Act, 1872. If you are between thirteen (13) and eighteen (18) years of age, you may use the Service only with the verifiable consent and supervision of a parent or legal guardian, who shall be deemed to have accepted these Terms on your behalf and shall be responsible for your use of the Service.

You represent and warrant that all information you provide is true, accurate, and complete, and that you have full legal capacity to accept these Terms.

3. Your Account

To use most features of the Service you must register an account. You agree to:

• provide accurate, current, and complete information at registration and keep it updated;
• maintain the security and confidentiality of your password and credentials;
• be solely responsible for all activity that occurs under your account; and
• notify us promptly of any unauthorised use of, or suspected security breach affecting, your account.

We may refuse to register, suspend, or terminate any account at our sole discretion where we reasonably believe these Terms have been breached, or where required by applicable law.

4. Acceptable Use

You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• upload, transmit, or share any content that is unlawful, infringing, defamatory, obscene, hateful, harassing, threatening, or otherwise objectionable;
• impersonate any person or entity or misrepresent your affiliation with any person or entity;
• gain or attempt to gain unauthorised access to the Service, other accounts, computer systems, or networks connected to the Service;
• probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security, authentication, or rate-limiting measure;
• use any automated means (including robots, scrapers, crawlers, or data-mining tools) to access, monitor, or copy any portion of the Service except as expressly permitted by us in writing;
• reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Service;
• introduce any virus, malware, ransomware, or other malicious code; or
• interfere with, disrupt, or impose an unreasonable load on the Service, its servers, or its networks.

5. User Content

You retain ownership of team names, player names, match data, comments, and other content you submit through the Service (“User Content”). You grant Forth Umpire a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to host, store, reproduce, format, publish, distribute, and display your User Content solely for the purpose of operating, providing, and improving the Service, including making it available to other Users with whom you have chosen to share match data, scorecards, or display URLs.

You represent and warrant that (a) you own or have all necessary rights, consents, and permissions for your User Content, and (b) your User Content does not infringe any third-party rights or violate any applicable law.

We are not obliged to monitor User Content but reserve the right to remove, restrict, or refuse to host any content that, in our reasonable opinion, breaches these Terms or any law.

6. Our Intellectual Property

The Service, including all software, designs, layouts, logos, trademarks, service marks, text, graphics, illustrations, and arrangements (excluding User Content), is owned by or licensed to Forth Umpire and is protected by the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable Indian and international intellectual-property laws. Subject to these Terms, you are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved.

7. Fees

The core Service is presently provided free of charge. We reserve the right to introduce paid features, subscriptions, or premium services in future, with prior notice. Where fees apply, the applicable pricing, payment terms, taxes, and refund policy will be presented to you before you incur any charge.

8. Third-Party Services

The Service may contain links to, or integrate with, third-party websites, services, or content (including, without limitation, hosting providers, analytics providers, email-delivery providers, and consent-management providers). We do not control and are not responsible for any third-party services, their availability, content, accuracy, security, or terms. Your dealings with any third party are solely between you and that third party.

9. Service Availability

We strive to keep the Service available but do not guarantee uninterrupted, error-free, timely, or secure access. The Service may be modified, suspended, withdrawn, or discontinued at any time, in whole or in part, with or without notice and without liability to you.

10. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. Forth Umpire and its directors, officers, employees, affiliates, agents, suppliers, and licensors disclaim all warranties, whether express, implied, statutory, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that the Service will meet your requirements, be uninterrupted, timely, secure, virus-free, or error-free, or that any defects will be corrected.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

(a) Excluded losses. In no event shall Forth Umpire, its directors, officers, employees, affiliates, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including, without limitation, loss of profits, revenue, goodwill, business, opportunity, data, or other intangible losses, arising out of or relating to your access to or use of (or inability to use) the Service, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and even if we have been advised of the possibility of such damages.

(b) Aggregate cap. Forth Umpire’s total aggregate liability arising out of or relating to these Terms or the Service, for any and all claims, shall not exceed the greater of (i) INR 100 (Indian Rupees One Hundred only); or (ii) the total amount actually paid by you to Forth Umpire in the twelve (12) months immediately preceding the event giving rise to the claim.

(c) Non-excludable rights. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.

You acknowledge that the limitations set out in this Section reflect a reasonable allocation of risk between the parties given the nature of the Service.

12. Indemnification

You agree to indemnify, defend, and hold harmless Forth Umpire and its directors, officers, employees, affiliates, and agents from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable advocates’ fees, court fees, and out-of-pocket expenses) arising out of or relating to:

• your User Content;
• your access to, use of, or misuse of the Service;
• your breach of these Terms, the Privacy Policy, or the Cookie Policy; or
• your violation of any applicable law or any third-party right.

13. Termination & Suspension

You may stop using the Service and close your account at any time. We may suspend, restrict, or terminate your access to the Service, in whole or in part, with or without notice, where we reasonably believe you have breached these Terms or where required or permitted by applicable law. Upon termination, Sections 5, 6, and 10 to 22 shall survive.

14. Governing Law

These Terms, and any dispute, claim, or matter arising out of or relating to them, are governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict-of-laws principles.

15. Dispute Resolution — Arbitration

(a) Informal resolution. Before initiating arbitration, the parties shall attempt in good faith to resolve any dispute through written notice to the other party, with a period of thirty (30) days from such notice to negotiate a resolution.

(b) Binding arbitration. Any dispute, controversy, or claim arising out of or in connection with these Terms or the Service, including its existence, validity, interpretation, performance, breach, or termination, that is not resolved informally shall be referred to and finally resolved by binding arbitration administered by a sole arbitrator under the Arbitration and Conciliation Act, 1996 (as amended).

(c) Seat and venue. The seat and venue of arbitration shall be Ahmedabad, Gujarat, India. Hearings shall be conducted in Ahmedabad, save where the arbitrator and both parties agree otherwise in writing.

(d) Language. The language of arbitration shall be English.

(e) Costs. Each party shall initially bear its own costs of arbitration (including legal fees, travel, and accommodation) in equal share. The arbitrator may, in the award, allocate or shift such costs (including reasonable advocates’ fees, administrative fees, arbitrator’s fees, and travel and accommodation expenses reasonably incurred) to the unsuccessful party.

(f) Award. The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

(g) Interim relief. Nothing in this Section prevents either party from seeking interim or injunctive relief from a court of competent jurisdiction in Ahmedabad in support of arbitration.

16. Exclusive Jurisdiction for Non-Arbitrable Matters

For any matters not subject to arbitration, including, without limitation, claims for injunctive or equitable relief, the courts at Ahmedabad, Gujarat, India shall have exclusive jurisdiction, and the parties consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

17. No Class Actions

All disputes between you and Forth Umpire shall be resolved on an individual basis. You agree that you will not participate in any class, consolidated, collective, or representative action, arbitration, or proceeding against Forth Umpire.

18. Force Majeure

Forth Umpire shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including, without limitation, acts of God, natural disasters, fire, flood, earthquake, war, terrorism, civil unrest, government actions or orders, pandemics, epidemics, labour disputes, strikes, shortages, power or telecommunications failures, internet outages, third-party service failures or interruptions, cyber-attacks, distributed denial-of-service attacks, or any other event of force majeure.

19. Changes to these Terms

We may update these Terms from time to time. Where changes are material, we will notify you by email (where you have provided one) or by posting a prominent notice on the Service. The “Last updated” date at the top of these Terms indicates when they were last revised. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of those updated Terms. If you do not agree, you must stop using the Service.

20. Severability & Waiver

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if it cannot be so modified, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Our failure or delay in enforcing any provision of these Terms shall not constitute a waiver of that or any other provision.

21. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy and any other policies referenced herein, constitute the entire agreement between you and Forth Umpire concerning the Service and supersede any prior or contemporaneous agreements, communications, or proposals.

22. Contact

Questions about these Terms may be sent to:

Forth Umpire
Email: info@forthumpire.com
Address: 12, Hariom Sollitaire, Manipur, Ahmedabad — 380058, Gujarat, India

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