TERM OF USE
Welcome to Chessmatica. Chessmatica is a platform for chess tournament organizers to manage their tournaments from player registration, fees collection, room booking, scheduling, to organizing the whole tournament including player ranking and board pairing across each round.
The following terms and conditions (these "" or ""), govern your access to and use of the Chessmatica website, including any content, functionality and services offered on or through www.chessmatica.com (the ""), by Mavenz Management and Technology Services Private Limited (""), a Private Company limited by shares, incorporated under the provisions of the Indian Companies Act, 1956, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
Please read the Terms of Use carefully before you start to use the Site. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
By using our Services you agree that you are over the age of eighteen (18) years, who can form legally binding contracts under applicable law, and who properly create a valid account as explained below (valid account holders, whether Players, Organizers or both, collectively be referred to as "Members"). In case if you are a Player less than eighteen (18) years of age, you can provide Guardian details at the time of registration. By using our Services you agree that we reserve the right to suspend your account or stop providing our Services at our discretion.
This document is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Chessmatica Users
There are two major types of users – chess players and chess tournaments organizers (administrators, officials, volunteers). User registration can happen in two ways, namely self-registration and auto registration on participating in a tournament that has been officially registered with Chessmatica by its organizers.
Account Registration
In case of self registration:
The user himself/herself registers on the site by entering the required details. The user account gets activated once the user clicks on a link emailed to the email address used for registration.
In case account is created by organizers:
The organizer enters details about the user on behalf of the user so as to register the user to a tournament organized by this organizer; or the organizer sends the user details to us and we do the registration process on behalf of the organizer.
Further, the organizer may tie up with various other local bodies such as chess clubs, or training schools etc., in which case the data is uploaded in bulk in a pre-structured CSV file format. This data may also be entered or uploaded (as the case may be) on behalf of the organizer by Chessmatica staff. When data is entered in such a manner, each registered player's account gets created automatically in case it does not exist and an email is sent to the player to activate his/her account just as in the case of self-registration.
In any case the user has to activate his/her account by clicking on an account activation link emailed to the email address used during registration on the Site via any of the above means.
You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Site, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Chessmatica Account password and other information, if applicable to a Third Party Network, and You are solely responsible for all activity that occurs on or through your Account or Third Party Network created account and that You will immediately inform Chessmatica of any suspected unauthorized use. Chessmatica is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Chessmatica or third parties due to unauthorized use of Your Account.
Also, whenever the user registers for tournament through Chessmatica, he has to give a declaration that he/she is giving all details that are true to the best of his/her knowledge and that he/she has not participated in tournaments blacklisted by the respective organizer's national federation.
Only tournaments organized by organizers who have signed an agreement with us will have the online registration facility through Chessmatica. At our own discretion, we may list other tournaments for the player's information only.
Representations and Warranties for Payment
As set forth above, except where we otherwise specifically agree in writing, Chessmatica does not own, create, sell, offer, provide, control, manage or buy thing that Players may discuss with Organizers. When Players and Organizers make or accept an offer to transact, they are entering into a contract with each other, and even though Chessmatica may act as a limited payment collection agent as defined below, it is not a party to any agreement discussed or entered into between Members.
Chessmatica may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party websites, applications, services or resources (“Third Party Services”). Any such Third Party Services are subject to different terms and/or conditions and privacy practices created or controlled by the third party providers and not Chessmatica, and Members should review them carefully and independently. Chessmatica is not responsible for or liable for the availability, accuracy, reliability or anything related to Third Party Services, including the content thereon. Links or other access to information of Third Party Service providers shall not constitute an endorsement by Chessmatica of such providers or their services. You may not use Chessmatica’s payment related services except as authorized by the laws of the India, the laws of the jurisdiction where you reside, and any other applicable laws.
Chessmatica does not store credit card or debit card details of the User except the details provided to us by the Payment Gateways post successful transactions.
Payment
In case of Indian players the following additional data is captured if applicable AICF Registration Number, whether the player has registered with AICF for the AICF year when the tournament is being played, Date of registration. Bank details of the Player are captured in order to transfer prize funds in case the player wins any prize. The prize money shall be transferred by the Organizer and not Chessmatica. Finally, based on the Category and various other factors, the fee is calculated and displayed to the player who can make the payment online in case of self-registration. The fee is charged in USD and processed via PayPal for international players whereas for Indians the fee is charged processed in INR via RazorPay payment gateway. We take our commission over above the payment gateway charges and pass on the balance amount to the organizer.
Payment Processing Agency
Payment processing is done via PayPal for international players and for Indian Players the fee is processed via RazorPay payment gateway, and is subject to PayPal and RazorPay Services Agreement. By agreeing to these Terms or by accessing, searching or using the Chessmatica Platform, You agree to be bound by PayPal and RazorPay Services Agreement, as they may be amended or modified from time-to-time by PayPal and RazorPay. Chessmatica’s provision of any payment processing services through PayPal and RazorPay is subject, and conditioned upon, Your agreement to provide Chessmatica up-to-date, accurate, and complete information relating to you and your payment instrument (s) and You expressly authorize Chessmatica to share this information and transaction-related information relating to your use of payment related services with PayPal and RazorPay. Chessmatica reserves the right to provide payment processing services through other third party vendors, and if it choose to do so, will notify You via your registered email or through another method.
These will be applicable for any new payment gateway services used by Chessmatica to enable digital payments even if not explicitly notified as the payment gateway, options will be visible for You to see at the time of making any digital payments via Chessmatica.
Payment Collection
By agreeing to these Terms, and in accessing or using the Chessmatica Platform, Organizers authorize Chessmatica to receive and collect payments for transactions entered into between Members, including:
(i) Tournament Participation Fees, (ii) Room Booking Fees, if Room Booking service is being provided by the Tournament Organizers, and (iii) Taxes and other Government Regulatory Fees (for example, without limitation duties, tariffs or government charges) ("Total Fees") owed by Players to Organizers as set forth in these Terms. Payments made by Players to Chessmatica in connection with an Offer shall be considered the same as a payment made directly to Organizers, and Organizers agree to provide the Items to Players in the agreed-upon manner as if the Organizer has received payment directly from Players. You further agree that Chessmatica’s obligation to remit payments to Organizers is conditioned upon and extends only to sums that it has successfully received from Players in accordance with the relevant agreements. Chessmatica assumes no liability or obligation for any funds or obligations owed by Players that were not collected by Chessmatica in its role under this Paragraph.
Each Player and Organizer acknowledges and agrees that, notwithstanding the fact that Chessmatica is not a party to the agreement between Organizers and Players, Chessmatica acts as the Organizers payment collection agent for the limited purpose of accepting collection from Players on behalf of the Organizer.
Upon Players 'remittance to Chessmatica, Players' payment obligation to the Organizer for agreed upon amounts is extinguished, and Chessmatica is responsible for remitting funds collected to Organizers in the agreed upon manner between Chessmatica and the Organizers. In the event that Chessmatica does not remit such amounts, Organizers' recourse is only against Chessmatica, and not Players directly.
In case if player commits fraud by using credit cards or bank accounts that are stolen, its registration shall stand cancelled at the option of Chessmatica.
Transaction
We issue a single GST Invoice to the Organizer with the total of all receipts less our service fees plus GST on the service fees. The Site is free to use for the Player as of now. The Organizer issues a receipt or bill for the full payment made to participate in the Tournament or for Room Booking. We do not charge our fees over and above the Organizer’s charges. We do not give any invoice to the Player. We only confirm that their transaction has been successfully processed and that they can collect their receipts from the Organizer.
Marketing
We intend to market tournaments registered by organizers online through social media, digital ads, by emailing to our registered users. We do not wish to cross sell our other products with the users except maybe our digital learning platform but only after taking explicit consent from the user which they can always revoke as and when they wish to do so.
Room Booking
We also provide room booking services if the tournament organizer provides for it to the players and their aides. This feature is available only to players who have registered for a tournament and have paid the fees for the same. At the time of room booking, the player can choose to share his/her room with other players and their aides (up to the maximum available capacity of the rooms in the inventory for the tournament; for now it is taken to be as a maximum of 3 persons per room). In such a case an invitation is sent to the other player who must accept it and book the same room within 30 minutes (this time might be extended if in real world it becomes too short for players). A room can also be booked by a player exclusively for himself and his aides in which case additional charges may apply. Additional charges may apply even in case the room being occupied by a group of players exclusively for the group is less than the maximum capacity of the room. Rooms are also marked as gender exclusive in case players prefer to share their room with persons of the same gender. We also do not display rooms with a certain dominant gender to be booked by a player of the opposite gender. Rooms may also be available free of charges depending on the rules and regulations of the tournament as released in the respective tournament brochure and or organizer's website. Players and their aides’ room booking information is shared with the organizer. Pricing structure for rooms is decided by the organizer.
Refund Policy
Refunds will be issued by the organizer only as per organizer’s rules and regulations and the user will not hold Chessmatica or the Company responsible for any inconvenience or dispute he/she may have with the organizers. Payment gateway charges and processing charges are non-refundable even if the tournament gets cancelled by the organizer. It will be the responsibility of the player to ascertain and verify the background of the organizer and the validity of the tournament.
Third Party Websites
The Website may contain links to other websites like of the chess tournament organizers. The Website also may utilize third party services, advertisements, offers and payment systems. Chessmatica is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the services or its contents or any association with its operators. Chessmatica is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Chessmatica be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator.
Site Content and Intellectual Property
This Site as a whole, as well as all materials, images, text (other than user information), illustrations, designs, concept, idea, icons, photographs, video clips, audio signals, structure, layout, software, "look and feel," and other elements contained on or otherwise making up this Site (collectively, the "Contents"), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and Contents are owned or licensed by Chessmatica. Chessmatica and the logo are trademarks or registered trademarks of Mavenz Management and Technology Services Private Limited. These trademarks may not be used without express permission from Chessmatica. Chessmatica grants you a limited, non-exclusive, non-transferable license to access and use the Site and Contents for purposes of general browsing, playing tournaments and advertisement, and/or conducting business with Chessmatica. In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Contents for any purposes or in any manner other than as intended and expressly authorised in writing by Chessmatica; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Contents on the Site; or (iii) assign, sell, sub-license, lease, or otherwise transfer your right to use the Site or the Contents. You may not reproduce this material on your personal website, blog, social network, or any other online resource without express written permission or as allowed by any license terms entered into with Chessmatica. Chessmatica may terminate user account at any time if you are in breach of the terms set forth herein. Upon termination, you will immediately destroy and make no further use of any downloaded materials.
Prohibited Conduct
By using the Site, you undertake not to: harass, threaten, or defraud Site users; like unsolicited offers, advertisements, proposals, or send junk mail to users; Impersonate another person or access another user’s account without that person’s permission; Share Chessmatica issued passwords with any third party or encourage any other user to do so; Permit third parties to participate in any tournament booked under your own user account, including other users; Impersonate as somebody else i.e. create an account that does not really represent the person except in case of children below the age of 18 years for whom the Guardian is the account owner.
Upload material (e.g. virus) that is damaging to computer systems or data of Chessmatica or users of the Site; Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or Upload or send to Site users pornographic, sexually explicit, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
Prohibited Uses
Those who choose to access the Site do so at their own will and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You will not use the service for any other activities other than chess tournaments and room bookings. By other activities we mean escort services, prostitution, online dating, hotel room bookings that are not for tournaments per se, gambling, digital marketing, link building, etc.
You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorised access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorised access to the Site. You should not try to decipher, decompile, disassemble, or reverse engineer any of the software on the Site, or in any way used or downloaded from the Site. You should use any of the software on the Site, or downloaded from the Site, to create a competing product or service.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Termination of Account
Chessmatica reserves the right to terminate a User’s account or the User can request us to close the account. We will close his/her account but will continue maintaining transactional data. We also have the right to terminate an Organizer’s account if they are found to be fraud, using fraudulent means, harassing or cheating players, etc.
Chessmatica reserves the right to refuse service, terminate accounts, remove or edit content, or cancel tournament in their sole discretion.
Modification or Changes to the Site or Terms of Use
We are continually changing and improving the Site. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or the entire Site with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Site or any other aspect of the relationship between Chessmatica and You. You should look at the Terms regularly.
If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our Site and attempt to notify you. Amendments are effective no sooner than thirty (30) days after we post them on the Site for existing users and immediately for all the new users joining and accepting the terms after and on the day these are amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the Site.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON "AS IS" BASIS.
IN PARTICULAR, CHESSMATICA DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND CHESSMATICA WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHESSMATICA OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
CHESSMATICA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, USER EXPRESSLY UNDERSTANDS AND AGREES THAT CHESSMATICA PROVIDES THE SERVICES ON "AS IS" BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. CHESSMATICA OR ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. CHESSMATICA SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL CHESSMATICA OR ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CHESSMATICA SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
Chessmatica is not obligated to investigate, monitor, mediate or resolve any dispute you may have with another User or Member of the Site, although we may undertake such action in our own discretion. In the event of a dispute with another User or Member of the Site, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other User or Member of the Site.
Severability
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
Force Majeure
The Company shall not be responsible or liable in any way for failure or delay in performing its obligations under these terms and conditions, when such failure or delay is directly or indirectly due to an act of God, war, threat of war, war-like conditions, hostilities, sanctions, mobilization, blockade, embargo, detention, revolution, riot, looting, striking, lockout, accident, fire, explosion, flood, inability to obtain fuel, power, raw materials, labor, container or transportation facilities, breakage of machinery or apparatus, government order or regulations, or any other cause beyond its reasonable control.
General Terms
These Terms constitute the legal agreement between You and Chessmatica and govern Your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services You wish to avail of (but excluding any offering which Chessmatica may provide to you under a separate written agreement), and completely replace any prior agreements between You and Chessmatica in relation to the offering.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
These Terms, and Your relationship with Chessmatica under these Terms, shall be governed by the laws of India, and in particular the laws in the Union Territory of Goa shall be applicable and Courts in the city of Panaji, Goa shall have jurisdiction.
You agree that if a dispute arises between You and Chessmatica, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties, and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result, the parties shall compulsorily refer the dispute to arbitration, with the arbitral panel consisting of three arbitrators; one arbitrator is chosen by each party and the third being jointly appointed by the two chosen arbitrators.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Chessmatica may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action arose.
You agree that Your Chessmatica Account is non-transferable and any rights to Your Chessmatica Account or contents within Your account terminate upon your death.
Chessmatica may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.
Feedback and Helpdesk queries
We allow the players to post feedback/help-desk queries to the organizer. Help-desk queries are responded to by the organizer.
Users of the Site may report abuse of any form by an Organizer, User or anyone violating any of these Terms.
Users can send us their feedback on their experience of using Chessmatica via the Feedback Form and organizers can contact us via the Contact Us Form if they are interested in using Chessmatica to manage their tournaments in the following contact details.
Email address: legal@chessmatica.com
Contact Number: +91-832-2437611
Address: Mavenz Management and Technology Services Private Limited
407, Kamat Towers, EDC Complex,
Patto-Plaza, Patto,
Panaji, Goa - 403 001
India.