Terms and conditions of use

These terms and conditions of use (“Terms of Use”) along with other policies available on our platform forms a legally binding agreement between You (“Your” or the “User” as hereinafter defined) and Gamapp SportsWizz Tech Private Limited (“Sportswizz”, “Our”, “We”, “Us”).

We will be referring to Gamapp SportsWizz Tech Pvt Limited as our brand Little Guru (LG) in this document.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY MOBILE GAMES OR/AND USING THE LG PLATFORM.

If You do not agree with any part of these Terms of Use or/and Privacy Policy, kindly refrain from using Our services on the Platform.

We have tried Our best to keep these Terms of Use as simple and short as possible. Nevertheless, We realise that despite all Our efforts, this is a rather long document. For Your convenience, We have summarised some of the key clauses and linked them to the relevant section. Bear in mind that the summary highlights just the key aspect of the relevant section and not the entire section itself. So please refer to the section itself to get the full picture.

  1. You may only use Our web portal https://little-guru.com/, partner websites, mobile applications and other portals (collectively, the “Platform”) if You agree to abide by these Terms of Use. To better understand the scope of these Terms of Use, how they may be updated and the meaning of the various words used in these Terms of Use, please refer to the section on Introduction of these Terms of Use.
  2. Only people of sound mind may use this Platform.
  3. You may register on the Platform and apay subscription fees to Your account by following the registration procedure laid down in the section on Nature and use of the Platform.
  4. Please note that Your User Details will be accessible to other users on the Platform.
  5. Please note that We have the sole discretion to determine subscription fees; and the terms applicable on any Contest including the Awards to be given in any Contest.
  6. While using the various communication channels provided on Our Platform, You must abide by rules in the section on Community rules and code of conduct.
  7. You may not use the Platform in ways stated in section on Restrictions. You will indemnify Us in the event We suffer any losses on account of Your use of Our Platform or Your failure to abide by this Agreement.
  8. Circumstances under which Your access to the Platform or this Agreement may be terminated are stated in the section on Termination.
  9. Your use of this Platform is completely at Your own risk. We disclaim all warranties in relation to the Platform. To understand more please refer to section on Disclaimer.
  10. Any dispute between You and Us will be resolved by way of Arbitration which will be conducted in Bangalore by a sole arbitrator appointed by Us. For further details, refer to section on Governing law and dispute resolution.
  11. If You have any complaints or grievances over any of the Services offered on the Platform, please contact our Grievance Officer.
  • Introduction
    • Gamapp SportsWizz Tech Private Limited Limited is an Indian company incorporated under the Companies Act, 2013. Sportswizz provides Learning and content services in various portals through its web portal https://little-guru.com/, partner websites, mobile applications and other portals (collectively, the “Platform”).
    • Capitalized terms used herein but not defined shall have the meanings ascribed to them under section 1.9 (Definitions) of this Agreement.
    • This Agreement shall apply to all Persons who visit the Platform, or create an Account including any contributors of content over the Platform (the “Users”, “You” or “Your”).
    • By registering on, browsing, downloading, using or accessing any part of the Platform or utilizing the Services, the Users agree to be bound by this Agreement.
    • If at any time the User does not accept or agree to any terms of this Agreement, on a continuing basis in relation to any of the Services offered on the Platform, they should not access the Platform.
    • Sportswizz reserves the right to periodically review, update, change or replace any part of these Terms of Use or other terms of the Agreement as it may consider appropriate at its sole and absolute discretion.
    • Any changes to these Terms of Use will be posted on this page wherever appropriate. The Users must visit this page periodically for updates on the Terms of Use applicable to their use of the Platform.
    • Any User’s continued usage of the Platform after any such update, change, replacement or modification in the Agreement constitutes their valid consent to such changes.
    • Definitions
      • “Agreement” shall mean these Terms of Use, the Privacy Policy and any other rules or policies available on the Platform including all other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by Sportswizz. This Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011. This Agreement is an electronic record generated by a computer system and does not require any physical or digital signatures.
      • “Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of India.
      • “Deposit” means the amount added by the User to his/her Account through his/her preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking). The Deposit conversion ratio is INR. 1/- (Rupees One Only) = INR 1 (one).
      • “Subscription-Fee” refers to the fee which Users pay to avail of learning and content services.
      • Balance “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.
      • “Sponsored Content Partner” means a Userthird party engaged with Us for the display of Sponsored Content on the Platform.
      • “Sponsored Content” means content distinct from other regular editorial content provided by Sportswizz, and displayed on the Platform in the form of audio, video, text and/or image media which supports a third party’s brand message, promotional offers, discounts and/or views that are readily identifiable as belonging to a third-party upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words (such as “Ad”, “Powered by”, “Sponsored by”, “With”, “Advertorial” and such other phrase of similar meaning).
      • “User” shall means any Person who accesses the Platform to avail Services through the Platform
    • Interpretation
      • Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
      • Headings and captions are used for convenience only and not for interpretation of the Agreement.
      • Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
  • Eligibility
    • Any browsing, registering, downloading, using or accessing by any Person of any part of the Platform or utilisation of any of the services offered by Sportswizz will be deemed to constitute a legal contract between the User and Sportswizz.
    • A User may use the Platform if (a) it is a natural Person, as per any Applicable Law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is a resident or from where User uses the Platform; or (b) it is a juristic Person, as per any Applicable Law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principal office or from where User uses the Platform.
    • Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc., is not eligible to enter into this Agreement with Sportswizz.
    • No Person, whether a Sportswizz employee or not, who is involved in the development of algorithms on the Platform can participate in any contest on the Platform, where such participation could alter, modify or unduly influence his/her performance on the Mobile Game, without express written permission of Sportswizz and subject to such terms and conditions as Sportswizz may seek to impose on such Person.
    • Only those Users who have successfully registered on the Platform in the manner prescribed, and who utilize the Services of the Platform in accordance with the Agreement including these Terms of Use, shall be eligible to use the Platform.
    • Sportswizz reserves the right to terminate any User’s Account and/or deny access to the Platform if it is brought to Sportswizz’s notice that a particular User has violated the Agreement including any of these Terms of Use.
  • Community rules and code of conduct
    • Sportswizz may provide Users with different communication channels such as forums, live audio sessions, live audio chat with other players participating in any Contest, community groups, chat-rooms or chat areas (“Communication Facilities”) designed to enable You to communicate with other Users on the Platform.
    • Sportswizz only provides Users with the technical environment for an exchange of information. Sportswizz does not initiate, select the receiver and/or modify any information exchanges inter se amongst the Users through the Communication Facilities. Further, Sportswizz has no obligation to and does not monitor these Communication Facilities except when required to do so under the provisions of Applicable Law.
    • The User may use the Communication Facilities as made available to them by the Platform. Sportswizz may provide certain additional features or Communication Facilities to a select group of Users at its sole discretion. The Users do not have the right to claim any Communication Facilities on the Platform.
    • Sportswizz may enable audio sessions and live chat-rooms on the Platform for the Users from time-to-time. These sessions or/and chat rooms will be conducted by other Users to (i) organize trainings; (ii) provide tips to play Mobile Games; (iii) provide educational content; or (iv) conduct other interactive sessions on the Platform. The sessions or/and chat rooms may have an open entry or may be restricted to a limited number of Users at Sportswizz’s sole discretion. Users might be required to pay an entry fee to participate in any of these live sessions or/and chat rooms hosted by Sportswizz on the Platform.
    • You understand that, by using these Communication Facilities, You may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that You might find objectionable. You understand that any content sent or appearing through the Communication Facilities is the sole responsibility of the User(s) transmitting such content and Sportswizz is not liable for any content posted on the Communication Channels and You are at liberty to discontinue the use of the Communication Facilities if such communications are objectionable to you.
    • All Users of the LG Platform must comply with Applicable Laws at all times while using the Services of Platform, including Communication Facilities and must not publish or distribute any content which: (a) violates an Applicable Law, go against common decency, or breaches the general terms and conditions of the Agreement; or (b) violates any trademarks, patents, utility or design patterns, copyrights, trade secrets, or other proprietary rights of third parties; or (c) impersonate any real person, including without limitation Sportswizz or any other Sportswizz agent or employee; or (d) is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature; or (e) is of an abusive, harassing, threatening or defamatory nature; or (f) seeks to unlawfully obtain login information or access to Accounts belonging to other Users; (g) contains personal data of third parties without their explicit consent; or (h) seek to collect, misuse, or disseminate any other User’s content or non-public personal information; or (i) is commercial, in particular promotional, in nature; (j) encourages or promotes gambling or money-laundering.
    • Under no circumstances will Sportswizz or its third-party providers shall be liable for any errors, objections or omissions in any content or for any loss or damages of any kind incurred as a result of the content posted on its Platform.
  • Restrictions on your use of the Platform
    • You will not use the Platform, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement or under Applicable Laws.
    • You will not use the Platform, or any content provided thereof:
      • to host, display, upload, modify, publish, transmit, update or share any information that belongs to another Person and to which the User does not have any right to;
      • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
      • that is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;
      • That harms minors in any way;
      • that infringes any patent, trademark, copyright or other proprietary rights; violates any Applicable Laws for the time being in force;
      • That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      • which impersonates another Person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or any other computer resource;
      • that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation; threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) and like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; threatens critical information infrastructure.
    • You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without the permission of Sportswizz.
    • You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.
    • You will not attempt to or engage in any activity that may:
      • reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Sportswizz to You in writing;
      • use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
      • collect information about Users for any illegal or unlawful purpose;
      • create any Account by automated means or under false or fraudulent pretences for using the Platform;
      • transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
      • use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other Users’ use and enjoyment of the Platform;
      • carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any User of the Platform;
      • forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform; and/or
      • obtain any materials or information through any means not intentionally made available, in the opinion of Sportswizz, through the Platform.
    • We may terminate this Agreement at any time, with or without notice and may disable Your access to the Platform and/or bar You from any future use of the Platform.
    • You may terminate this Agreement at any time by terminating Your access to the Platform. However, certain obligations of Yours under this Agreement shall continue to survive even on such termination.
    • When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and Sportswizz have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
  • Termination
    • Your access to the Platform may be terminated if:
      • You voluntarily uninstall the Platform from Your device;
      • You knowingly or unknowingly cause direct or indirect breach, as ascertained by Sportswizz, of these Terms of Use or Privacy Policy as a whole or in part; or
      • You do not pay the requisite fee, if any, should Sportswizz charge for use of the Platform
    • We may have to terminate Your access to the Platform if:
      • We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes, unlawful);
      • The third-party Person, if any, with whom We offered the Platform to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
      • The provision of Platform to You, is no longer commercially viable or feasible for Us; or
      • You are a repeat infringer of this Agreement.
    • We may terminate this Agreement at any time, with or without notice and may disable Your access to the Platform and/or bar You from any future use of the Platform.
    • You may terminate this Agreement at any time by terminating Your access to the Platform. However, certain obligations of Yours under this Agreement shall continue to survive even on such termination.
    • When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and Sportswizz have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
  • Disclaimers
    • No warranties: The Contents provided through the Platform may include technical inaccuracies or typographical errors. Sportswizz may make changes or improvements to the Platform at any time. The Contents or any information available on the Platform is provided “as is” and “as available” and without warranties of any kind either express or implied, to the fullest extent permissible pursuant to Applicable Laws, including but not limited to:
      • any implied warranty or merchantability, fitness for a particular purpose;
      • that the contents of the Platform will be uninterrupted or error-free;
      • that defects, if any on the Platform will be corrected;
      • the Platform being constantly available or available at all;
      • installation or uninstallation choices in relation to the Platform being successfully executed in all cases;
      • Your personal ability to use the Platform;
      • Your satisfaction with the use of the Platform;
      • the accuracy of the data provided by the Platform;
      • the security and privacy of Your data;
      • that all bugs or errors in relation to the Platform will be corrected;
      • that the Platform will be compatible with all devices and all networks;
      • that the Platform is fit for a particular purpose or use;
      • that the Platform and the contents thereof are accessible in every location; or
      • that the Platform and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
    • The Platform may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
    • We may stop provision of the Platform (or any part thereof), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Platform and/or these Terms of Use at Our sole discretion, without any prior notice to You. Your use of the Platform following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).
    • You agree that You are responsible for all data charges You incur through use of the Platform.
    • Sponsored Content:
      • You agree and acknowledge that Sportswizz may, pursuant to its engagement with certain Sponsored Content Partners, place certain Sponsored Content on, about, or in conjunction with the other content within the Platform. The manner, mode and extent of display of such Sponsored Content is subject to change without a specific notice to You. We don’t promise to but will try Our best to give You a prior notice in this regard.
      • The content displayed on the Platform is for Your non-commercial and personal use. However, Sponsored Content Partners may use the Platform to display their respective Sponsored Content for commercial purposes. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the Platform.
    • Limitation of liability: Your use of the Platform, or any content, including Mobile Game, available thereof or participation in any Contest, is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Platform or any content thereof, including Mobile Game. To the maximum extent permitted by Applicable Law, Our total liability to You for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the Balance in your Accountthe Subscription Fee paid by You.
    • You may terminate Your access to the Platform if You are not satisfied with the Platform or any service.
    • Force Majeure: Sportswizz shall not be liable for any damages whatsoever arising out of Force Majeure Event or other similar circumstances, directly or indirectly to the Users as a result of playing Mobile Games or using the services offered by Sportswizz on the Platform. A Force Majeure Event is a real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects Sportswizz’s ability to offer the services or/and the Mobile Games on the Platform. Force majeure or other event beyond Sportswizz’s control hindering, delaying or complicating the maintenance of the Platform entitles Sportswizz to suspend or limit the Platform until further notice.
  • Governing Law and Dispute Resolution
    • The Platform may be controlled and operated through any country and will be subject to the laws of that state in which they are controlled and operated by the User. If You use the Platform from any location, then, You are responsible for compliance with the local laws applicable to You.
    • All or any disputes arising out of or touching upon or in relation to this Agreement including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled through arbitration. The arbitration shall be governed by the Arbitration & Conciliation Act, 1996 (India) or any statutory amendments/modifications thereto for the time being in force.
    • The arbitration proceedings shall be held at Bangalore, Karnataka by a sole arbitrator who shall be appointed by Sportswizz and whose decision shall be final and binding upon all the parties.
    • Subject to the arbitration clause, the courts at Bangalore, Karnataka alone shall have the jurisdiction. The language of the arbitration proceedings shall be in English.
    • You and Sportswizz agree that any cause of action arising out of Your use of the Platform must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.
    • Grievance Officer. In accordance with the Information Technology Act 2000 and rules made thereunder, We have a Grievance Officer to address Your concerns regarding data safety, privacy, and the Platform usage concerns including complaints You have against other users on the Platform. We will resolve these issues raised by You within 30 (thirty) days from receiving them. You may contact the Grievance Officer at the following coordinates:
      them. You may contact the Grievance Officer at the following coordinates: Name:
      Address:
      Office Hours:
      Email:
      Referral program
  • Terms of Payment
    • The Licensee agrees to pay the Licensor license fees amounting to INR … per unique Access by the Licensee’s users on the GOS platform. For avoidance of doubts, it is clarified that; if the licensed Content is accessed multiple times from the same device or multiple devices associated with the same user account, the Licensor and the Licensee shall treat the same as a single (1) unique Access and license fees shall be payable only once in respect of such Access.
    • The Licensee shall pay the license fees for each audio show as conducted by the Licensor after providing the Licensor with details of the number of unique Access during such period in the manner detailed out in Schedule II.
    • The Licensor shall have to raise a tax invoice on the Licensee to enable the Licensee to pay the license fee.
    • The Licensor acknowledges that the Licensee may deduct appropriate income taxes at source as per applicable laws.
    • Any and all indirect taxes including goods and service taxes and tax on Licensor’s income, shall be borne by the Licensor and the same shall be accounted for in the tax invoice raised by the Licensor on the Licensee.
  • Intellectual Property and Confidentiality
    • Any and all data and information from the Licensor marked as or known by the Licensee to be confidential (collectively, the “Confidential Information”). Upon termination of this Agreement, the Licensee shall return any Confidential Information to the Licensor or destroy it itself, delete any Confidential Information from any electronic devices and cease to use such Confidential Information as required by the Licensor. The Licensee shall not disclose, grant or transfer any Confidential Information to any third party without the Licensor’s written consent.
    • Both parties agree that this Clause 3 shall survive the invalidity, amendment, cancellation, termination or unenforceability of this Agreement.
  • Representations and Warranties
    • The Licensor represents and warrants as follows:
      • It has the exclusive ownership of, or the rights to license, the Content including all underlying intellectual property therein and is not bound by any obligations under any law or contract which prevent it from entering into this Agreement or licensing the Content to the Licensee having regard to the scope of the license.
      • The Content does not contain any material that is in any way illegal, offensive, against public morality or order, or may hurt the sentiments of any group of people, or is disparaging or defamatory of any person or groups of persons.
      • The execution and performance of this Agreement by it are within its power and it has taken all necessary actions and obtained all necessary consents or approvals by third parties or government agencies to enter into this Agreement and perform this Agreement. The execution and performance of this Agreement by it do not violate the laws and contracts binding upon or influencing it; and
      • Upon execution, this Agreement will constitute a legal, valid and binding obligation of the Licensor enforceable against the Licensor in accordance with its terms.
    • The Licensee represents and warrants as follows:
      • It is a company duly incorporated in India and validly existing under the laws of India;
      • The execution and performance of this Agreement by it are within its corporate power and business scope. It has taken all necessary actions and obtained all necessary consents or approvals by third parties or government agencies. The execution and performance of this Agreement by it do not violate the laws and contracts binding upon or influencing it; and
      • Upon execution, this Agreement will constitute a legal, valid and binding obligation of the Licensee enforceable against the Licensee in accordance with its terms.
    • Licensor’s Ownership and Protection of Licensor’s Rights
      • The Licensee agrees, during the term of this Agreement and thereafter, it shall not challenge the ownership and other rights of the Licensor in the Content.
      • The Licensee agrees to provide necessary assistance to the Licensor to protect the Licensor’s rights with respect to the Content and inform the Licensee of any infringement by any third party in writing if it becomes aware of or has knowledge of such infringement.
      • The Licensee agrees that it shall use the Copyright only in accordance with this Agreement and shall not to use the Copyright in any manner that could be deemed by the Licensor to be fraudulent, misleading or otherwise harmful to the Copyright or the reputation of the Licensor.
    • Indemnity
      • The Licensor hereby indemnifies and holds harmless the Licensee against any and all third-party claims, including without limitation arising out of breach of any of the representations and warranties of the Licensor pursuant to clause 4 and any claims that the Content provided by the Licensor infringes any third party intellectual property rights and shall, at its expense, defend or at its option, settle any claim, action or allegation brought against Licensee that any Content infringes any copyright or trade secret of any third party and shall pay any final judgments awarded or settlements entered into. If any portion of the Content is held, or in Licensor’s opinion is likely to be held, to infringe or misappropriate a third party's intellectual property rights, then Licensor may at its sole option and expense: (a) procure for Licensee the right to continue using the Content; (b) replace the Content with non-infringing content; or (c) if neither of the foregoing is reasonably practicable, terminate this Agreement and refund to Licensee the amounts paid for the Content.
      • The Licensee shall have the right to withhold any sums due to the Licensee including the license fees to meet any liabilities including legal costs incurred or likely to be incurred by the Licensee arising out of a claim by any third party resulting from a breach of the representations and warranties of the Licensor pursuant to clause 4
    • Effective Date and Term
      • This Agreement shall be executed and become effective as of the date first set forth above. The term of this Agreement is one (1) year, unless terminated earlier pursuant to termination provisions of this Agreement.
      • This Agreement may be extended automatically for one year upon its expiration (including the expiration of any extended term) unless the either party at least 3 months prior to the expiration hereof gives written notice to the other not to extend this Agreement.
    • Termination
      • This Agreement shall terminate on the date of expiration or the date of the expiration of extended terms when either party notifies the Licensee in writing not to extend this Agreement as mentioned in clause 7.2
      • Without prejudice to any legal or other rights or remedies of the party who seeks termination of this Agreement, any party has the right to terminate this Agreement immediately with written notice to the other party in the event the other party materially breaches this Agreement including but not limited to Clause 3, 4 or 5 of this Agreement and fails to cure such breach within 30 days from the date the breaching party receives the written notice of its breach from the non-breaching party.
      • During the term of this Agreement, the Licensor as well as the Licensee may terminate this Agreement at any time by providing thirty (30) days’ written notice to the other party without assigning any reason.
      • Clauses 1.1.2, 3, 4, 5, 6, 8.4, 9, 11 and 14 shall survive the termination or expiration of this Agreement.
    • Effect of Termination or Expiration
      • Upon and after the expiration or termination of this Agreement, all rights granted to the Licensee hereunder shall forthwith revert to the Licensor, which shall be free to license the right to use the Content to others and the Licensee cease any further direct or indirect use of the Content.
    • Force Majeure
      • Force Majeure, which includes but not limited to acts of governments, acts of nature, fires, explosions, typhoons, floods, earthquakes, tides, lightning or war, means any unforeseen event that is beyond the party’s reasonable control and cannot be prevented with reasonable care of the affected party. However, any insufficiency of creditworthiness, capital or financing shall not be regarded as an event beyond the party’s reasonable control. The party affected by Force Majeure and seeking exemption from performing the obligations under this Agreement shall inform the other party of such exemption and any action taken by it in performing this Agreement.
      • In the event that the affected party is delayed in or prevented from performing its obligations under this Agreement by Force Majeure, and only to the extent such delay and prevention, the affected party shall not be liable for obligations under this Agreement. The affected party shall take appropriate measures to minimize or remove the effects of Force Majeure and attempt to resume the performance of the obligations that were delayed or prevented by the event of Force Majeure. Once the event of Force Majeure is removed, both parties agree to resume the performance of this Agreement using their best efforts.
    • Settlement of Disputes
      • Any dispute arising in connection with the interpretation and performance of the provisions of this Agreement shall be resolved by the parties in good faith through negotiations. In case no resolution can be reached by the Parties within thirty (30) days after either party makes a request for a dispute resolution through negotiations, either party may refer such dispute to adjudication through arbitration under the applicable laws. The arbitration shall be governed by the Arbitration & Conciliation Act, 1996 (India) or any statutory amendments/modifications thereto for the time being in force. The arbitration proceedings shall be held at Bangalore, Karnataka by a sole arbitrator who shall be appointed by Sportswizz and whose decision shall be final and binding upon all the parties.
      • Subject to the arbitration clause, the courts at Bangalore, Karnataka alone shall have the jurisdiction. The language of the arbitration proceedings shall be in English.
    • Notices
      • Notices or other communications required to be given by any party pursuant to this Agreement shall be emailed to Sportswizz at gameofscores@sportswizzleague.com and to the Licensor by the email as provided to Sportswizz.
    • Assignment and Sublicense
      • The rights and obligations licensed by the Licensor to the Licensee pursuant to this Agreement shall not be assigned, pledged or sublicensed without the prior written consent of the Licensor.
      • The Licensor hereby agrees that it shall not transfer the rights and obligations under this Agreement to any third party without the prior written consent of the Licensee.
    • Applicable Law
      • The validity, performance and interpretation of this Agreement shall be governed by the laws of India.
    • Amendment or Supplement
      • The parties may amend or supplement this Agreement by written agreement. The amendments or supplements to this Agreement duly executed by both parties shall form an integral part of this Agreement and shall have the same legal effect as this Agreement.
    • Severability
      • If any provision of this Agreement is judged to be invalid or unenforceable because it is inconsistent with applicable laws, such invalidity or unenforceability shall be only with respect to such laws, and the validity, legality and enforceability of the other provisions hereof shall not be affected.
    • Appendices and Schedules
      • The Appendices and Schedules to in this Agreement shall form an integral part of this Agreement and shall have the same legal effect as this Agreement.