The website Dream11 Shop (“Platform”) is owned and operated by Dream11 Fantasy Private Limited (“Dream11”), a company incorporated under the laws of India and having its registered office at 1901-A, Naman Midtown, Near Indiabulls Finance Centre, SB Marg, Elphinstone (W), Mumbai 400013, Maharashtra, India. Through the Platform, Dream11 seeks to offer for sale merchandise such as t-shirts, mobile covers, mugs, memorabilia, and other merchandise branded with Dream11’s logo/branding (“Products”) to users of the Platform (“Users”).
The Terms set out below apply to and govern persons who register with the Platform as Users.
The terms ‘Dream11’ or ‘us’ or ‘we’ refer to the owners of this Platform. The terms ‘you’ or ‘user’, and all its grammatical variations, refer to the User or viewer of our Platform.
By browsing, viewing, using the Platform or purchasing the Products therein, you consent to and agree to comply with these Terms and Conditions of Use (“Terms”).
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
- You will be eligible to enter into transactions on the Platform only if you are above eighteen (18) years of age, are of a sound mind and are not disqualified from contracting by any law to which you are subject.
- By visiting the Platform and accepting these Terms, you represent and warrant to Dream11 that you are competent to contract under the law you are subjected to. You also represent and warrant to Dream11 that you will use the Platform in a manner consistent with any and all applicable laws and regulations.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account. You agree to immediately notify Dream11 in the event that any unauthorised use of your account or login or any other breach of security comes to your attention.
- Dream11 reserves the right to terminate any user account that you may setup on the Platform, if it finds, in its sole and absolute determination, that you are in breach of the eligibility criteria set out above or if you violate any of these Terms.
- Use of Content
This Platform is controlled and operated by Dream11. Dream11 authorises you, subject to these Terms, to view and access the content available on or from the Platform and to access and use content from the Platform (as defined below) solely for your personal, non-commercial use. The contents of the Platform, such as designs, mock-ups, text, data, graphics, images, video, information, logos, button icons, software, audio files and other Platform content (collectively, “Platform Content”), are protected under applicable copyright, trademark and other laws. All Platform Content is the property of Dream11 or its licensors. The trademarks and other intellectual property used within the Products (whether existing or those which are added later) on the Platform is the exclusive property of Dream11 and is protected by Indian and international copyright, trademark, and other laws. Unauthorised use of the Platform Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. Except where otherwise agreed in writing with Dream11 or specified in these Terms, the Platform Content is solely for your personal, non-commercial use. You may not sell or modify the Platform Content nor reproduce, display, publicly perform, distribute, or otherwise use the Platform Content in any way for any public or commercial purpose, in connection with products or services that are not those of Dream11, in any other manner that is likely to cause confusion among consumers or that otherwise infringes Dream11's intellectual property rights. Without the prior written consent of Dream11, modification of the materials, use of the materials on any other website or networked computer environment or use of the Platform Content on any other website 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 of Dream11 and its licensors and is prohibited. Any use of the Platform Content for which or pursuant to which you receive or intend to receive any remuneration, whether monetary or otherwise, is a commercial use for the purposes of this clause. The Platform Content, despite efforts of Dream11, may contain inaccuracies or typographical errors. Dream11 makes no representations about the accuracy, reliability, completeness or timelines of the Platform Content. The use of the Platform Content is at your own risk. Changes are periodically made to the Platform and may be made at any time. This Platform may contain content provided by third parties. The responsibility for such content is solely that of the respective authors/contributors/posters and is not necessarily endorsed in any manner by Dream11. Dream11 shall not be responsible for or liable in any manner whatsoever for the content provided by such authors/contributors/posters in any section of this Platform. Further, the accuracy of the Platform Content has not been verified by Dream11 and we provide no warranties of the same. If you seek to rely on any representation of information contained on this Platform, any such reliance shall be at your own risk.
Orders and Specifications
- Dream11 offers and provides registered users of the Platform with an opportunity to purchase Products through the Platform. A User may select Products, which the User wishes to purchase on the Platform by placing an Order through the provided channel. Our acceptance of your Order is subject to your eligibility to transact on the Platform, and logging in or registering on the Platform.
- You acknowledge and agree that the listing and display of a Product on the Platform shall be considered and construed as an invitation to offer or invitation to treat, and Dream11 shall not be considered to have made any binding offer in relation to the Product by merely listing the same on the Platform. The price set out against a listed Product may be subject to revision on account of taxes, delivery charges, processing charges, exchange rate fluctuations and similar charges/amounts. You agree that by clicking on the Product, you shall be considered to have made an offer to purchase such Product to Dream11. Dream11 shall thereafter determine if it can accept and fulfil the offer, based on availability, serviceability of the stated delivery address and other matters affecting its ability to deliver the Product to you and shall provide you with a final offer of sale for the selected Product. Upon unconditional acceptance of Dream11’s final offer by you, your order for the Product (“Order”) shall be considered confirmed and will constitute a binding commitment on your part to purchase the Product (“Order Confirmation”). Orders are non-cancellable by you on completion of the Order Confirmation.
- The Order Confirmation shall be notified to you through the email address registered with the Platform account employed to make the purchase, and will contain details of your Order, the price and an estimate of the delivery time for the Order. In the unlikely event of an error in the Order Confirmation, it is your responsibility to contact us and notify us of such error or mistake with the Order as soon as reasonably practicable and in no event after 24 hours from the issue of the Order Confirmation. Failure to do so may lead to the incorrect Order being sent out to you.
- Please be aware that all Products offered for sale on the Platform, are subject to availability. At Dream11, we endeavour to display and describe as accurately as possible the printed colours on the products, which appear on the Platform, but we cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.
- Pricing Information
Dream11 strives to provide accurate information with regard to the prices of Products on the Platform, however pricing errors or typographical errors may occur. With respect to the online retail store, the final price of selected Product will be confirmed in Dream11’s final offer to you and will be displayed on the Order confirmation page. All prices shall be listed in Indian Rupees (or its equivalent in the local currency, if offered by Dream11) and are subject to change at Dream11’s discretion.
- You hereby represent and warrant to Dream11 that as a User, you will not provide personal information that is not your own. The user account of any User found to be creating an account or providing information in proxy or in violation of the privacy rights of any other individual will be liable to be immediately terminated.
- You further represent and warrant that, to the extent you decide to share personal or other information, you will not post or submit incomplete, false or inaccurate personal or other information.
- You further represent and warrant to Dream11 that any information or documentation made available by you to Dream11 or on the Platform shall not constitute confidential information and that you are not bound by any confidentiality or non-disclosure obligations in relation to such information or documentation, and are permitted to share the same with third parties.
Acceptable and Lawful Use
- You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- Any information provided by you on the Platform shall not be misleading in any way.
- You may not post or transmit or engage in interactions on the Platform, if it in any way:
- is violative of applicable law or is patently offensive to the general 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;
- harasses or advocates harassment of another person, or solicits, or stalks another member on the Platform;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or publicity, such as unauthorized disclosure of a person's name, email address, physical address or phone number, or rights of publicity);
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal drugs, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have obtained consent from the minor or his or her legal guardian);
- tries to gain unauthorised access or exceeds the scope of authorized access to the Platform as per your account category, or to profiles, journals, forums, feeds, account information, bulletins or other areas of the Platform or solicits passwords or personal identification information for commercial or unlawful purposes from other users;
- constitutes engagement in commercial activities and sales without Dream11’s prior written consent. Throughout these Terms, the term Dream11’s "prior written consent" means a communication coming from the Dream11’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
- contains viruses, time bombs, trojan horses, cancelbots, spiders, worms or other harmful or deleterious components or devices;
- interferes with another user's use and enjoyment of the Platform;
- refers to any website or URL that, in the sole discretion of Dream11, contains material that is inappropriate for the Platform, contains content that would be prohibited, or violates the letter or spirit of these Terms; or
- contains content whose dissemination to the public is restricted by law or relevant professional guidelines.
- Dream11 specifically prohibits any unauthorised commercial use or other use of the Platform and the Products, and you agree not to do any of the following:
- Post content that contains links to any website competitive to Dream11;
- Use Dream11’s database of users for any purpose other than the purposes for which the Products are sold, including but not limited to using the information in the database to sell or promote any products or services, or engage in data mining;
- Post or submit to the Platform any incomplete, false or inaccurate biographical information or information which is not their own;
- Delete or revise any material posted by any other person or entity;
- Take any action that imposes an unreasonable or disproportionately large load on the Platform’s or Dream11’s infrastructure;
- Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform and search agents available from Dream11 on such Platform and other than generally available third party web browsers (e.g., Google Chrome, Microsoft Internet Explorer, Firefox, Safari); or
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Platform or the Products being sold.
- You must use the Platform in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorised uses of the Platform, including without limitation, collecting usernames, contact details and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Platform, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Platform, as well as attempting to gain unauthorized access to the Platform or exceeding the authorised access for your account category. In addition, all users agree to comply with the provisions of any and all such laws, regulations or rules that may be enacted from time to time in India or such other jurisdictions as Dream11 chooses to operate in.
- You shall not engage in any illegal conduct in respect of your interaction with other users of the Platform, including any Users you may come in contact with through the Platform, whether such interaction is online or offline.
- Your interaction with other Users of the Platform that you may come in contact with is at your sole and absolute discretion. Further, any offline interaction in response to any correspondence or dealings with other users, or any information available on the Platform, is at your own risk. Dream11 shall in no manner be held responsible for the outcomes and consequences of any such interaction. Dream11 is not responsible for the conduct, whether online or offline, of any User of the Platform, including without limitation any illegal acts.
- Without the prior written consent of Dream11, you may not engage in advertising to, or solicitation of, other users through the Platform to buy or sell any products or services. In general, in order to protect users from such advertising or solicitation, Dream11 reserves the right, to be exercised at its sole and absolute discretion, delete any such user content uploaded, posted or transmitted in any way on the Platform.
- You understand that Dream11 has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform and purchasing the Products) 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, Dream11 can (and you hereby expressly authorize it to) disclose any information about you, upon request, to law enforcement agencies or other government officials, as necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- Dream11 reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Platform including but not limited to any public forums, feeds or journals. Dream11 shall have the right to remove or edit any Platform Content and user content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. In no event shall Dream11 assume or have any responsibility or liability for any Platform Content posted or for any claims, damages or losses resulting from use of such Platform Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all data you provide and all information it contains and that such data and information shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform including payment and delivery of related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities. Dream11 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 advertisers on the Platform.
- It is possible, that other persons (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to their use of the Platform, and that the recipient may use such information to harass or injure you. Dream11 does not approve of such unauthorized uses, but by using the Platform, and/or purchasing the Products, you acknowledge and agree that Dream11 is not responsible for the use of any personal information that you disclose on the Platform. You are advised to carefully select the type of information that you wish to disclose on the Platform.
- In the event of breach or non-compliance by you of any of the aforesaid terms, Dream11 may, in its sole and absolute discretion, restrict, cancel or terminate your ability to access the Platform and/or your subsisting Orders for Products, and determine whether to take any other actions.
Warranty and Liability Disclaimer
- The Platform, Products, all the materials and services, included on or otherwise made available to you through this Platform is provided by Dream11 on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Dream11 does not warrant that:
- This Platform will be constantly available, or available at all; or
- The information on this Platform is complete, true, accurate or not misleading.
- Dream11, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement of the Platform, Platform Content and/or Products. Dream11 makes no warranties about the accuracy, reliability, completeness, or timeliness of the Platform Content, services, software, text, graphics and links.
- Dream11 does not warrant that the Platform, the Platform Content, materials or information included on or otherwise made available to you through this Platform; their servers; or electronic communication sent from by Dream11 are free of viruses or other harmful components. Nothing on this Platform constitutes, or is meant to constitute, advice of any kind.
Accuracy of Information
- The general information on this Platform has been compiled by Dream11 or contributed by other users of the Platform, from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. The Platform and Platform Content despite the best efforts of Dream11, may contain inaccuracies or typographical errors. Dream11 makes no representations about the accuracy, reliability, completeness, or timelines of the Platform and the Platform Content. The use of the Platform and Platform Content is at your own risk. Dream11 reserves the right to make changes to the Platform Content and information on the Platform, or to the services described therein, or to update such information at any time without notice, but Dream11 makes no commitment to correct or update this information.
- You acknowledge that this Platform and certain advertisements hosted on the Platform as well as the Platform Content may contain links provided by third parties or links to third party websites. Any website, information or services accessed by or as a result of following such third-party links is at your sole risk and is subject to the policies and regulations adopted by the third party. The content viewed through any third-party links is not endorsed in any manner by Dream11. Dream11 shall not be responsible for or liable in any manner whatsoever for the content provided by such third-party links. Further, the accuracy of the content provided through third party links has not been verified by Dream11 and Dream11 provides no warranties with respect to such content. Any information collected on websites visited through such third-party links is subject to the privacy policies of such third party websites and Dream11 shall not be responsible for any use of such information by third parties.
- You agree to provide accurate information concerning your name, contact details and address and to keep the same updated in a timely manner. Neither Dream11 nor its service providers shall be liable or responsible for any failure to complete the delivery of an Order on account any deficiencies or errors in information provided by you, including but not limited to: any inability to deliver an ordered Product to you due to the provision of an incorrect address, inability to contact you due the provision of incorrect contact information or inability to verify the recipient’s identity due to the provision of an incorrect name.
You represent, warrant and covenant (a) that no content posted or transmitted by you on the Platform will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) You hereby agree to indemnify, defend and hold harmless Dream11 and all of Dream11’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants, or the conduct of other users of the Platform, whether online or offline. Dream11 reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall cooperate as fully as reasonably required in the defense of any such claim.
Dream11 retains the right to deny access to the Platform and/or refuse the sale of Products to anyone who it believes has violated or is reasonably likely to violate any of these Terms or does not accept these Terms. In the event that you choose to terminate and delete your user account with Dream11, or if your account has been terminated for any other reason, such as a violation of these Terms, you acknowledge and understand that Dream11 reserves the right to, at its sole discretion, either continue to display, or delete, content that you may have posted or uploaded to the Platform, and Dream11 has no obligation to maintain, store, delete or transfer to you, any such User Content that you may have posted or uploaded to the Platform.
- Infringement Notification
If you believe in good faith that any Products or Platform Content or material posted or otherwise made accessible on this Platform, violate these terms and conditions, or is prohibited or restricted by applicable laws, rules and regulations, please compile the following information and email it to Dream11 at email@example.com , and which email shall contain the following information:
- A clear identification of the allegedly prohibited/unlawful material on the Platform;
- Your contact details: name, address, e-mail address and phone number;
- In case of an alleged violation of proprietary rights (including copyright, trade-mark, personality or privacy rights): a statement that you believe, in good faith, that the use of the proprietary material allegedly infringed on the website is not authorized by you or your agent or the law;
- A statement that you believe, in good faith, that such material is prohibited/unlawful/abusive;
- A statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorized to act on your behalf.
The email notification provided by you hereunder shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms by the Platform Content.
In such an event, Dream11 may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Products or Platform Content violate these terms and conditions or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any mala fide use of the notification process set out above, Dream11 reserves the right to restrict your access to the Platform.
In the event that you wish the Dream11 to disable access to any Products/ Platform Content or to remove/take-down any such content from the Platform, in addition to the email notification set out above, you shall provide and attach a court order from a competent court or other lawful order directing the removal or disabling of access to such Platform Content to the email notification provided hereunder and provide Dream11 with the original execution copy of such order.
- Abuse Notification
If you believe in good faith that any Products/ Platform Content posted or otherwise made accessible on the Platform, or any online or offline conduct of any User violates these Terms, or is prohibited or restricted by applicable laws, rules and regulations, or is abusive or threatens and harms other users of the Platform, you may notify us at firstname.lastname@example.org . In such an event, Dream11 may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Products/ Platform Content, or user conduct violates these Terms or is otherwise abusive, and may take such action it deems appropriate. If you resort to any malafide use of such notification, Dream11 reserves the right to restrict your access to the Platform.
- Information Gathered and Tracked
Information submitted through all feedback forms on the Platform is stored in a database. Specifically, we store the name, e-mail address, and contact number of visitors to our Platform who wish to receive certain free services from Dream11, including but not limited to information regarding the release of new product lines and any special offers on Dream11 Products. We also use such information to send out occasional promotional materials, including alerts on new Products available. We guarantee that personal information about users will not be provided to any third party without their consent.
- The Platform, including the Platform Content and information contained herein, shall be governed by the laws of the Republic of India and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.