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This Site/ Application/ Services is/are operated by Curved Consistency Private Limited ("Clutch Sports") operating under the brand name Clutch. We operate and are engaged in organising sports and other recreational events as well as providing an internet-based booking platform for and in connection with our as well as third party sports facilities through Our Site, either by Our self or through Our subsidiaries, affiliates or third-party service providers ("Primary Services"). On our Site We provide a community-driven 'Groups & Games' feature, that allows Customers to connect with 'groups' and participate in sports games being organized near their locality ("Secondary Services"). These Terms of Use ("User Terms") are a legal contract between you and Us. Additional offerings include sale of sporting equipment via a "Pro Shop" and a loyalty program in which users can redeem "coins" earned for tangible or intangible rewards.
Subject to the terms and conditions mentioned in these User Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable license to use the Service for your personal, non-commercial use only. Clutch Sports reserves all rights not expressly granted herein in the Service.
By successfully registering your account with us, you are consenting to be bound by these User Terms. Your agreement to these User Terms shall operate as a binding agreement between you and Clutch Sports in respect of the use and services of the Site. Your acceptance of the User Terms shall be deemed to include your acceptance of our Privacy Policy.
You will be eligible to use the Services only if You are competent to enter into a binding contract under Applicable Laws. If you reside in a jurisdiction that restricts the use of the Service because of age, Your use of Services shall bind Your legal guardian to these User Terms.
In order to access certain password-restricted areas of the Site and to use certain Services, you are required to successfully register an Account with Us. You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.
You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account. Your Account cannot be transferred, assigned or sold to a third party.
We reserve the right to suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Data provided by you is incorrect or false, or that the security of your Account has been compromised in any way.
We allow you to open only one Account in association with the Registration Data provided by you. In case of any unauthorized use of your Account please immediately reach Us at contact@theclutchsports.com.
You may order Our Services using Our Site. You will be charged the applicable fees set forth in the schedule of pricing, as may be prescribed from time to time. The Total Fee for the Services will be provided through the Site at the time the Services are ordered.
By using the Site for availing the Service, you further agree that:
Clutch Sports shall, upon receiving the Order request from you, proceed to confirm or decline the Order based on the ability to provide Service, which shall be informed to you via an SMS or email. In the event the Order is confirmed, you shall check the Order details and if there is any incorrect detail, inform us immediately at contact@theclutchsports.com.
Clutch Sports shall charge Total Fee for the Service which shall be determined at the sole and absolute discretion of Clutch Sports. All applicable taxes shall be borne and payable by you.
You shall choose to pay for the Total Fee by either of the following methods:
Clutch Sports is not liable for any payments that do not complete because: (1) insufficient funds; (2) incorrect payment details; (3) expired payment card; or (4) circumstances beyond Clutch Sports's control.
Clutch Sports does not set cancellation and refund policies for the events/venue bookings listed by third-party service providers on its Site. The sole responsibility to issue refunds shall be of such third-party service provider for venues not owned by Curved Consistency Private Limited directly.
For refund/cancellation of events, venues and Services organized directly by Clutch Sports:
Please read our full Returns & Refunds Policy for complete details.
All issues, complaints, opinions, suggestions, questions and feedback shall be communicated to our Grievance Redressal Officer, Mr. Sharath Kumar M at contact@theclutchsports.com. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue. Clutch Sports shall endeavour to respond to your issues within 7 working days.
Clutch Sports shall not be liable for any failure to perform any obligations under this User Terms if the performance is prevented, hindered or delayed by a Force Majeure Event. Our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold Clutch Sports, its affiliates, its licensors, and each of their officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities arising out of or in connection with:
Clutch Sports shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, network issues, malware, viruses or any incorrectness or incompleteness of any information on the Site.
In no event shall Clutch Sports be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if Clutch Sports has been advised of the possibility thereof.
To the fullest extent permitted by Applicable Law, in no event will Clutch Sports's aggregate liability arising out of or in connection with these User Terms exceed the amount of Order Value.
Subject to your compliance with these User Terms, Clutch Sports grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy solely for your own personal use.
You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site; (ii) modify or make derivative works based upon the Service or Site; (iii) reverse engineer or access the Site in order to design or build a competitive product or service; or (iv) launch any automated program or script that makes multiple server requests per second or unduly burdens the operation and/or performance of the Service or Site.
Clutch Sports may accept posting of notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials given by you on the Site ("Posted Content"). You represent that you have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all Applicable Law.
You agree that when posting Posted Content, you will not: publish any inappropriate, defamatory, infringing, obscene, or unlawful material; upload files that contain viruses or corrupted files; advertise or offer to sell goods or services for any business purpose; or violate any Applicable Laws or regulations.
Clutch Sports alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations, text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork and computer code in relation to the Site.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Site or the Service, or any intellectual property rights owned by Clutch Sports. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site.
The Services make use of certain functionality and services provided by third-parties that allow Us to include maps, geocoding, places and other content from Google, Inc. ("Google"), as part of the Services (the "Geo-Location Services"). Your use of the Geo-Location Services is subject to Google's then current Terms of Use for Google Maps/Google Earth.
Our Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
Unless terminated in accordance with this Clause, this agreement between Clutch Sports and you is perpetual in nature upon downloading the Application and for Orders booked through the Site.
You are entitled to terminate this agreement at all times by deleting your Account, thus disabling the use by you of the Site. You can close your Account at any time by following the instructions on the Site.
Clutch Sports is entitled to terminate the agreement at all times and with immediate effect if you: (a) violate or breach any term of these User Terms or otherwise act unethically; or (b) in the opinion of Clutch Sports, misuse the Site or the Service.
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances.
Clutch Sports does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site. This Site, Application and all content on the Site and the Application are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any, is endorsing the Services in any manner.
Clutch Sports reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time. The revised User Terms shall be made available on the Site. Your continued use of the Site following the changes to the User Terms will constitute your acceptance of those changes.
Clutch Sports may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address or a message on your registered mobile number, or by written communication sent by regular mail to your address on record.
You may contact Clutch Sports by electronic mail at contact@theclutchsports.com or by written communication to: Prowork, Om Chambers, 648/A, 4th Floor, Binnamangala 1st Stage, Indiranagar, Bangalore - 560038.
You shall not assign your rights under these User Terms without prior written approval of Clutch Sports. Clutch Sports can assign its rights under the User Terms to any affiliate or third party.
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the use of the Site or the Service shall first be attempted to be settled amicably through negotiation and consultation within 30 (thirty) days.
In the event the dispute is not resolved internally, it shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The place of arbitration shall be Bengaluru. Subject to the above, any dispute will be subject to the exclusive jurisdiction of courts in Bengaluru, India.
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