SpinInsight Analytics Terms and Conditions

Effective: August 10, 2022

Access to and use of this website https://www.spininsight.com/ (the “Site”), SpinInsight Analytics (‘Service’) is provided by SpinInsight Analytics ( ‘We’, ‘Us’ and ‘Our’) on the following terms and conditions set out below. References to you as the recipient of the Services herein shall include You, Your and the User. Party shall mean ‘SpinInsight Analytics’ or ‘You’ and Parties shall mean ‘SpinInsight Analytics’ and ‘You’ collectively.

By using the Service You hereby understand, accept and agree to be bound by the terms and conditions set out herein without any modification or reservation whatsoever (“Terms and Conditions”), which shall take effect immediately from your first use of the Service. You shall also be subject to any additional terms posted with respect to individual sections of the Service. If You do not agree to be bound by these Terms and Conditions, please do not access, use and/or contribute to the Service.

We reserve the right, in Our sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials available on the Site and to suspend and/or deny access to this Site or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

You acknowledge, consent and agree that We may access, preserve and disclose Your Information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary:

  1. (i) To comply with legal process;
  2. (ii) To enforce the Terms and Conditions;
  3. (iii) To respond to claims that any content violates the rights of third parties;
  4. (iv) To respond to Your requests for customer service; or
  5. (v) To protect the rights, property, or personal safety of SpinInsight Analytics, its users and the public.

Definitions

In addition to the terms defined above, the following terms shall have the following meanings ascribed to them:

“Registration’’ means Your providing Your details in the “Sign-up” section of the Site so that We may create an Account in Your name and issue You with a username and password for purposes of accessing and using the Account.

“Information” means any information relating to Your use of the Site including information related to Your past use of the Site, information that You provide to Us during the process of registration or subscribing to any part of the Service, or information You have provided to Us in the feedback area or by emailing us at admin@spininsight.com.

“Personal Information” Personal Information shall, for this Terms and Conditions and Privacy Policy, refer to any information that identifies or can be used to identify, contact or locate You, including, but not limited to, name, IP address, phone number and email ID.

“Retention Period” The duration we retain the personal information is as long as the service exists. If You do not wish store Your personal information with Us You may choose to do so be sending Us an email to admin@spininsight.com.

1. You hereby undertake to use the Service only for lawful purposes and agree not to use the Service or any part thereof for commercial purposes.

2. Any order You place through the Site with respect to those features of the Service that entail a purchase transaction constitutes an offer from You to Us to purchase that feature of the Service from Us. The particular feature will be made available to You once Your payment is authorized. Consideration for the same is payable in advance. SpinInsight Analytics shall be under no obligation to provide the feature or any part thereof until consideration in respect of the same has been received in full.

3. SpinInsight Analytics warrants that it has the right to provide the Service and will use reasonable skill and care in making the Service available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and SpinInsight Analytics does not give any other warranties in respect of the Service.

4. SpinInsight Analytics shall not provide refunds, whether in part or full, in respect of any part of the Service for which payment has been rendered.

5. In the event that SpinInsight Analytics withdraws from this agreement or is permanently unable to deliver any feature of the Service which entails a payment transaction and for which the requisite payment has been made by You, a refund will be provided to you in respect of that particular feature of the Service that remains undelivered at the sole discretion of SpinInsight Analytics.

6. You shall use the Service only in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site and the rendering of our Service. You shall not engage in harassing or causing any inconvenience to any person using the Site or Our Services, transmitting obscene, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable content or disturbing the normal flow of dialogue within the Service.

7. We operate a ‘fair use’ policy to protect the quality of Service to our users. If we believe that Your use of the Service is adversely affecting Our network (or any part thereof) or that of Our other users, we reserve the right to regulate/manage Your usage of the Service which may include but not be limited to temporarily/permanently blocking your access to the Service or suspending Your Account.

8. Your Information and any other personal information provided through the Site as a part of the Registration process and/or any other correspondence with Us shall be collected, stored, transferred and used in accordance with applicable law and you hereby render your unconditional consent for the same.

9. We provide a Privacy Policy explaining our online information practices and the choices you can make about the way Your Information is collected, handled, dealt with and used at or in connection with this Site. Click here to show and/or print a copy of this Privacy Policy, which forms part of these Terms and Conditions. By accepting these Terms and Conditions you shall also be deemed to have accepted the terms of the Privacy Policy.

10. You represent and warrant that:

  1. a) The details You have provided during Registration or at any time thereafter is correct and complete.

11. You shall update Us with any change to Your Information by emailing us at admin@spininsight.com so that We may effectively communicate with You.

12. Upon registering for an Account with Us, You shall be provided with a username and password which You hereby undertake to maintain confidential and not disclose or share them with anyone. You agree to:

  1. a) Immediately notify Us of any unauthorized use of your password or user name or any other breach of security;
  2. b) Defend, indemnify, and hold harmless Us from any loss or damage arising from unauthorized use of your password or username.

13. If We have reason to believe that there is a likely breach of security or misuse of Your Account or the Site, We may require You to change your password, which You undertake to do forthwith or We may suspend Your Account.

14. The Site is owned by SpinInsight Analytics. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and/or unregistered) comprising part or all of the Service and all content (including all applications and materials) [hereinafter referred to as ‘content’] located on or available on the Site including the Service is owned by the respective copyright holder, Mr. Shreyas Gajendragadkar, SpinInsight Analytics has a license/ right to use the content on the website https://www.spininsight.com and the ownership of the content remains vested in the respective copyright holder. Using the Service does not give You any ownership of any intellectual property rights in the Service. You agree that the Service and other content provided on the Site, either by SpinInsight Analytics or through third parties, may be protected by intellectual property laws of India or the applicable laws of any other jurisdiction. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in Service and any other content provided on the Site may subject You to infringement actions by SpinInsight Analytics.

15. You agree not to reproduce, republish, copy, disassemble, decompile, reverse engineer, download, broadcast, transmit, post, make available to the public, or otherwise use the content on the Site in any way other than for your own personal private, non-commercial use and that you shall not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Service or any part thereof. We do not grant You any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Service or any part thereof. You also agree not to create derivative works, adapt or alter from any of the content on the Site.

16. You further agree not to:

  1. a) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  2. b) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
  3. c) Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  4. d) Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. e) Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. f) Interfere with or disrupt the Site or any other user’s use of the Site;
  7. g) include programs which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
  8. h) Allow usage by others in such a way as to violate these Terms and Conditions;

17. The name(s), logo(s), images on the Site and all other intellectual property comprising the Services are subject to copyright, design rights and trade-marks of SpinInsight Analytics. Nothing contained in these Terms and Conditions may be construed as conferring any license or right to use any trade-mark, design right, or copyright.

18. Your access to the Service may be occasionally interrupted to allow for repairs, maintenance or introduction of new features or services. We shall endeavor to restore the Service within a reasonable period of time.

19. We may terminate your access to the Site or any part thereof or suspend or cancel Your Account immediately at Our reasonable discretion and/or if You breach any of Your obligations under these Terms and Conditions.

20. You shall have the option of cancelling Your Registration at any time by informing Us in writing at admin@spininsight.com.

21. The suspension/cancellation of your Registration shall not affect either Party’s statutory rights or liabilities.

22. We accept no, and You hereby absolve Us of any and all liability for content provided as a part of the Service that you find to be objectionable.

Third Parties

  1. Use of other third-party providers: We may use the following third parties to improve Your experience with Us.
  1. a) Microsoft Power BI – A third party, independent contractor used to host match analysis, match reports, player analyses, dashboards. Please see this.
  2. b) Amazon web services – A third-party, independent contractor used to provide web hosting for https://www.spininsight.com and file storage. Please see this.
  3. c) Google ReCaptcha– A third party, independent contractor is used to enhance security against bots and website brute force attacks. Please see this.
  4. d) Google Analytics – Google Analytics is a website analysis service. Website analysis refers to the collection, recording and analysis of data regarding the behavior of visitors to the website. A website analysis service records e.g. data showing from which website a data subject has come to a website (so-called referrer), which subpages of the website were accessed or how often and how long a subpage was viewed. Website analysis is used mainly for the optimization of a website and for a cost-benefit analysis of Internet adverting. Please see this.

Disclaimers and Limitation of Liability:

  1. a) ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO SPININSIGHT ANALYTICS, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, SPININSIGHT ANALYTICS EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. SPININSIGHT ANALYTICS DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICE OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY SPININSIGHT ANALYTICS IS CORRECT AT THE TIME OF PUBLICATION NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF SPININSIGHT ANALYTICS FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT COMPRISING ANY PART OF THE SERVICE.
  2. b) NEITHER SPININSIGHT ANALYTICS NOR ANY OF ITS OFFICERS, EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES (WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE) INCLUDING BUT NOT LIMITED TO:
  4. (A) LOSS OF DATA;
  5. (B) LOSS OF REVENUE OR ANTICIPATED PROFITS;
  6. (C) LOSS OF BUSINESS;
  7. (D) LOSS OF OPPORTUNITY OR ANTICIPATED SAVINGS;
  8. (E) LOSS OF GOODWILL OR INJURY TO REPUTATION;
  9. (F) LOSSES SUFFERED BY THIRD PARTIES; OR
  10. (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SERVICE REGARDLESS OF THE FORM OF ACTION
  12. c) NEITHER SPININSIGHT ANALYTICS NOR ANY OF ITS OFFICERS, EMPLOYEES OR REPRESENTATIVES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES (WHETHER FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE) RESULTING FROM YOUR INTERACTION, INCLUDING BUT NOT LIMITED TO ANY PURCHASES, TRANSACTIONS, DEALTINGS WITH THE CENTRES REFERENCED ON THE SITE. THE CENTRES AND THE INDIVIDUALS WORKING THEREAT ARE INDEPENDENT ENTITIES AND ARE IN NO WAY AFFILIATED WITH SPININSIGHT ANALYTICS. NO RECOURSE SHALL BE HAD TO SPININSIGHT ANALYTICS WITH RESPECT TO ANY LOSS OR DAMAGE RESULTING FROM YOUR INTERACTION WITH ANY OF THE CENTRES LISTED ON THE SITE AND/OR THE INDIVIDUALS WORKING/ASSOCIATED WITH THEM.
  13. d) THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME ALL RISK FOR ANY USE OF THE SERVICE WHICH MAY RESULT IN DAMAGE OR INJURY TO PERSONS, BUSINESS OR FINANCES.

25. You hereby indemnify, defend and hold harmless SpinInsight Analytics and its officers, directors, employees, agents, distributors, affiliates and all persons claiming under SpinInsight Analytics from and against any and all losses, claims, demands, liabilities, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from Your breach of any of the provisions mentioned in these Terms and Conditions, representations or warranties, and/or from Your placement or transmission of any content onto SpinInsight Analytics’s servers, and/or infringement by You of any content on the Site, including any claims against You alleging misuse or unauthorized usage of the information, data and content available on the Site and/or from Your use of any Service or the Site itself.

26. These Terms and Conditions shall be subject to the laws of India. All disputes arising out of any transaction pertaining to the Service under these Terms and Conditions shall be governed by exclusive jurisdiction of the courts in Mumbai, India.

27. We reserve the right to amend, alter, delete, insert and revise these Terms and Conditions without providing any prior notice to You. Each such amendment shall amend these Terms and Conditions and comprise part and parcel hereof.

28. Termination; Amendments. Your rights with regard to the Service will automatically terminate without notice and without refund of any fees or any other compensation if you fail to comply with these Terms and Conditions. We may amend the Terms and Conditions at our sole discretion by posting the revised terms online. Changes to the Terms and Conditions will be effective as on the date they are posted on the Site. Your continued use of the Service after any amendment evidences Your agreement and explicit renewal of your consent to be bound by it.

29. Severability. If any term or condition mentioned herein is deemed invalid, void, or for any reason unenforceable, that part shall be deemed severed and will not affect the validity and enforceability of any remaining terms or conditions.

30. Entire Agreement.The provisions set out herein, comprise the entire agreement between You and Us in respect of the Service and Your use of the Site and all previous communication in respect of the same shall be deemed ineffectual and nonbinding.