Indiawin Sports Private Limited (“ISPL”), the owner and promoter of the ‘Mumbai Indians’ professional twenty20 cricket team (“MI”) is offering the MI Family Membership Program (“Program”) to MI fans on the MI platform: including on the official MI website www.mumbaiindians.com (“Website”), and on the official MI mobile applications (as available at https://play.google.com/store/apps/details?id=com.mumbaiindians and https://apps.apple.com/in/app/mumbai-indians-official-app/id1098173888) (“Apps”). These MI Family Membership Program Standard Terms and Conditions 2023 (“Terms”) are applicable to the Program wherein fans opting for a particular tier of membership are eligible for its equivalent benefits, in accordance with the terms set out herein.
Capitalised terms used herein but not defined in these Terms will have the meanings ascribed to them in the Website Terms and Conditions, as available at https://www.mumbaiindians.com/terms-and-conditions, and which are incorporated by reference into these Terms.
For the purpose of these Terms, wherever the context so requires "You", “Your”, “Yourself”, “Their” or “User” shall mean any person who accesses or uses the Website and/or signs up for the Program and/or is a Beneficiary (defined herein). “We”, “Us” or “Our” shall mean ISPL, its employees, and authorised agents that perform any services on ISPL’s behalf in relation to the Website and/or the Program.
Additional rules/terms may exist and govern the Program, and any benefits, activations and activities offered under the Program. These rules will be displayed on the ‘MI Family Membership Program’ section of the Website as available at https://www.mumbaiindians.com/membership It is the Users’ responsibility to familiarize themselves with any such additional rules and terms. Further, with respect to any contests, activations, events and games that may be offered under the Program or otherwise on the Website and/or Apps, Users acknowledge that such contests, events, activations and games may be governed by separate terms and conditions, including conditions on the eligibility of Users to participate in such contests/events/activations/games and win prizes, and that such terms and conditions shall be notified on the relevant contest/event/activation/game page/section.
The Program seeks to fulfill the following objectives:
- To bring MI’s fans under one programme of the MI Family and to mobilise support for the team.
- Creating a sense of belonging for the MI Fan community.
- To promote interactions between MI’s fans through MI Family.
- To loyally support the MI team and encourage the players by showing support at all times of the year.
- To align and support with the MI team’s CSR activities and programmes.
- To follow and preserve the above objectives and take all the necessary steps to achieve them.
You may sign up for a personal User account (“User Account”) on the Website and the Program only if You, as of the date of registration, are:
- eighteen (18) years of age or over;
- a resident of India, and/or have a permanent place of residence in India;
- possessing and using a valid personal email address and mobile number;
- subject to these Terms, must not already be a member of the Program; and
- must not previously have been terminated from the Program by ISPL.
- It is hereby clarified that Users under the age of 18 years must request their parent or lawful guardian to register and create a User Account on their behalf. In the event that you are a parent/lawful guardian who has created a User Account on behalf of your child/ward, you confirm your acceptance of these Terms and undertake to procure your child’s/ward’s compliance with these Terms. You shall be responsible for the actions and conduct of, as well as any information shared by your child/ward, pursuant to your child’s/ward’s utilisation of the Website, the Program and the benefits offered under the Program, to the extent permitted by applicable law. It is further clarified that Users under 18 years of age may be restricted from availing certain Benefits, and/or restricted from participating in certain activations, promotions, events, contests or games under the Program, as may be stipulated by Us from time to time.
- Users upon registering a User Account on the Website, shall be granted Program membership (“Membership”) and automatically be enrolled in the ‘Blue Tier’ of the Program, unless You choose to upgrade your Membership by purchasing a higher tier of Membership in accordance with Clause 5 of these Terms. Membership is offered/sold on the basis of one Membership per person. However, Users may also purchase multiple Memberships solely for the purpose of gifting such additional Memberships to their family members or friends, in accordance with these Terms and provided such persons receiving the Memberships as gifts fulfill the eligibility criteria set out herein.
- Users will need to fill a registration form while creating a User Account to sign up for the Program. You will be required to provide your full name, email address, mobile number, date of birth, gender, residential address, state and city, and also choose a password for your User Account. With respect to a User Account, each such User is required to submit a valid and unique personal email address and personal Indian mobile number.
- Users may purchase Memberships for themselves, or gift Memberships to their eligible family members or friends who shall become members of the Program on redemption of such gifted Membership (“Beneficiaries”), subject to these Terms. Users shall be required to provide accurate details and information as prescribed in the applicable registration form.
- You acknowledge and agree that you may be required to give further information and/or proof of identity (such as a valid government authorized photo-identification proof) about yourself (and/or your Beneficiaries) for User Account verification. You must provide complete and accurate information about yourself and/or your Beneficiaries (if applicable). You undertake that You will notify Us and update this information to keep it current. It is clarified that with respect to each User Account, the applicable User may update his/her email address and/or phone number, which update shall be effected for such User Account, subject to the completion of such verification process stipulated by Us. It is further clarified that once You enter Your delivery address in Your User Account, such address cannot be updated, changed or revised for the Season (defined below). Any proposed change in delivery address will be accepted and processed at our discretion, only if a partial correction is required in the address details, or if there is a manifest error in the address details originally submitted by the User. Any information provided by You should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by You and We will not take any responsibility for any outcome or consequence as a result of You providing incorrect information or concealing any relevant information from Us
- You understand that it is your responsibility to protect the information You provide on the Website including but not limited to your Membership username, password, email address, contact details, any other Membership credentials provided, and mobile number. You are responsible for maintaining the confidentiality of the password and User Account and are fully responsible for all activities that occur under your password, Membership number or User Account.
- Users may review his/her Benefits (defined below), transaction history and update personal details and preferences associated with their User Account and Membership on the Program section of the Website.
- The Membership of a User possessing the ‘Blue Tier’ of Membership shall continue to remain valid until such User’s Membership is terminated under these Terms and/or if the Program is cancelled or withdrawn by ISPL. The Membership of a User holding the ‘Silver Tier’ or ‘Gold Tier’ or ‘Junior Tier’ of Membership shall remain valid for the duration of and around the applicable league season that MI participates in, as designated by MI from time to time (“Season”), following which period the User’s Membership shall be automatically transferred to the ‘Blue Tier’ unless the User renews his Membership subscription for a subsequent Season, in such manner as designated by ISPL under these Terms. In this respect, for the 2023 edition of the Program, the Season and the Membership of ‘Silver Tier’ ,‘Gold Tier’ and ‘Junior Tier’ Users shall be valid from the applicable date of subscription and enrollment of the User, to 1 January, 2024, unless earlier terminated pursuant to these Terms.
Membership Tiers and Benefits
- (a) Four tiers of Membership are available to Users under the Program – Blue, Junior, Silver and Gold. Eligible Users may opt for the Membership tier of their choice at the time of User Account registration or subsequently by filling the application form on the Program section of the Website. It is clarified that the number of ‘Silver’ ,‘Gold’ and ‘Junior’ tier Memberships available for each Season are limited, and the option to purchase and enroll in such tiers of Membership will be disabled once the applicable stocks of such tier of Membership have been sold out for the Season. Subject to the availability of the applicable tier of Membership, the successful registration of the User or submission of the User’s Membership application, and processing of the applicable Membership payment for such tier of membership for the Season, Users shall be eligible for the benefits set forth below as per their Membership tier (“Benefits”)for the Season (for ‘Silver Tier’, ‘Gold Tier’ and ‘Junior Tier’)
- Benefits provided under the Program and each tier of the Program, are at the sole discretion of ISPL and may be denied, withdrawn, modified or cancelled at any time at ISPL’s sole discretion. ISPL reserves the right to introduce new tiers of membership for the Program, and may also remove, substitute or merge existing tiers of membership for the Program, through notice on the Program section of the Website. Membership Charges may be revised from time to time by ISPL at its discretion, and the revised charged shall be updated on the Program section of the Website and/or otherwise notified to Users with valid Memberships, including through email.
- • Blue tier Program members may access their virtual membership card by signing into their ‘MI Family’ User Account on the Website. Such virtual membership card may also be issued by email to the email address associated with such User’s Membership. Gold ,Silver and Junior tier Program members will receive their personalised membership card within four (4) to six (6) weeks of successfully registering for the Program, unless otherwise communicated by ISPL to the member. In the event of theft, loss or damage to the personalised membership card, Silver Tier, Gold Tier and Junior Tier Program members must report such theft, loss or damage by writing to Us at firstname.lastname@example.org. Duplicate membership cards shall be issued at the sole discretion of ISPL and may be subject to additional charges. When seeking to enjoy the Benefits of Membership, a User may be required at any time to deliver up the relevant membership card for inspection and/or to provide such Membership credentials as set out in the membership card and such other information as reasonably requested by ISPL or its agents and service providers. A User’s membership card is personal to the User and is not transferable and shall not be transferred by the User.
Membership Welcome Kits
- Program Welcome Kits will be dispatched to eligible Users, based on their Membership tier, within four (4) to six (6) weeks of successful registration, to their registered address, unless otherwise communicated by ISPL to the User. It is hereby clarified that Program Welcome Kits and personalised memberships cards shall only be eligible for delivery within the territory of India and Users providing an invalid address or address outside the territory of India shall hereby forfeit the Benefit of such Program Welcome Kit. In the event the User provides the wrong address, ISPL shall not be responsible for misdirected or lost deliveries or any consequences thereof.
- Eligible Users further acknowledge and understand that the delivery of Program Welcome Kits may be delayed beyond the timeline set out above due to unforeseen circumstances, including a Force Majeure Event (as defined herein), and such Users agree not to make any claims against ISPL for such delay in delivery.
- With respect to the products provided in the Program Welcome Kits, eligible Users agree to share accurate information with respect to the size of the shirts/jerseys sought, while submitting their registration form or when otherwise requested under the Program. Such Users expressly acknowledge and agree that no replacement or exchange of any product delivered as part of the Program Welcome Kit shall be allowed or permitted by ISPL, for any product size or product fit related issues faced by such User.
- On receipt of the Program Welcome Kit, it is Your responsibility to inspect the products provided in the Program Welcome Kit for any defects. If any product received by You as part of the Program Welcome Kit: (i) suffers from a material defect in workmanship or manufacture; or (ii) is delivered in a damaged condition or in an unsealed condition or with the tampering of any seals applied by ISPL or its third party vendor/service provider against the Program Welcome Kit packaging (each a “Defective Product”), it is Your duty to notify Us. On receipt of a Defective Product, you agree to notify Us through email at email@example.com, it is Your duty to notify Us. On receipt of a Defective Product, you agree to notify Us through email at firstname.lastname@example.org, which notification shall be made against your Membership credentials and shall include a description and image(s) of the alleged defect or damage. You agree to make such notification not later than 72 hours from receipt of the Defective Product. In case you fail to notify Us of a Defective Product within the aforementioned 72 hours period, you shall be considered to have unconditionally accepted the products provided under the Program Welcome Kit and no return request or notification of Defective Product shall be accepted thereafter. Upon receipt of a Defective Product notification within the timelines specified herein, We/Our service provider shall contact You and make reasonable enquiries to ascertain and verify that the product was a Defective Product on delivery and may ask You for more information or proof of the alleged defect(s)/damage.
- Upon completion of the above verification and if ISPL and/or its designated vendor/service provider are satisfied in their sole determination, regarding the alleged damage or defect in the Defective Product, You shall be entitled to receive a replacement product for such Defective Product, as determined by ISPL and notified to You, provided you return the Defective Product to ISPL and/or its designated vender/service provider as instructed by ISPL.
Payments and Refunds
- Users must pay the Membership Charges applicable to the Membership tier for the Season that you have subscribed for at the time of registration of User Account or subsequently on the Program section of the Website. We will notify you by email that we have processed your payment of the Membership Charge and inform you that you are a member. The email message will constitute our acceptance of your Membership application. We accept no responsibility for you not actually receiving the email, for reasons outside our control.
- Unless otherwise stated, Membership Charges are inclusive of GST and any other taxes applicable in India. However, in the event that you are purchasing Membership from outside India (provided you are otherwise eligible for Membership under these Terms), other taxes and charges applicable on international transactions are not included in the Membership Charges, and you will be responsible for the payment of such taxes and charges.
- Membership Charges shall not be refunded under any circumstances, including but not limited to the termination of the User’s Membership under these Terms, discontinuation/withdrawal of the Program, or modification of the Membership for whatever reason. Solely in the event that ISPL discontinues, withdraws or terminates the Program during the Season without cause and without at least one (1) month notice, and provided that the eligible User has not received the applicable Benefits for such Season, ISPL shall at its discretion, either make a pro rata refund of the applicable Membership Charges to the User as reasonably determined by ISPL, or provide such alternate benefits as reasonably determined by ISPL. ISPL’s decision in this regard shall be final and User agrees not to make any claims for refunds and/or benefits.
- Membership is personal to each User, is not transferable and shall not be transferred or re-sold under any circumstances. Only the User or Beneficiary named in the Membership may utilise the Benefits available therein for such User’s/Beneficiary’s personal, non-commercial use and the User/Beneficiary shall be responsible for all acts through their User Account on the Website, under their membership card and any exercise or utilization of the Benefits.
- You are prohibited from using the Program or Membership Benefits for any purpose that may be construed as circumvention or breach of applicable law/regulations.
- Unless otherwise expressly specified, Program and Membership Benefits may not be used or exchanged towards monetary amounts or other benefits of any kind. Program and Membership Benefits may not be transferred, bartered, sold, rented, leased, licensed, granted a security interest in or traded in any way.
- Users shall not use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or other intellectual property appearing on the Program and Membership Benefits, Website or any other collateral without the written consent of ISPL.
- Accessing or attempting to access the Website or utilizing or attempting to utilize the Benefits through someone else's User Account, membership card and/or Membership is strictly prohibited.
- All content and material associated with the Program including but not limited to merchandise, information, images, marks, logos, designs, pictures, videos, graphics, text content, articles, hyperlinks, multimedia clips, animation, games and software (collectively referred to as "Content"), whether or not belonging to ISPL, are protected by applicable intellectual property laws. All Content shall be utilized only for the purpose of availing and accessing the Program and the Benefits and in conformity with the Terms.
- You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by ISPL or Our licensors and that You have no right, title or other interest in any such items except as expressly stated in the Terms. You shall not sub-license, assign or transfer the license granted to You, or rent or lease or part with the whole or any part of such license or of the Content included in such license. You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content in any manner other than as permitted for obtaining access to and/or utilizing the Program Benefits in the manner prescribed in the Terms.
- You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of personal non-commercial use and self-consumption, and for accessing and utilizing the Program Benefits in the manner prescribed in the Terms and for no other purpose whatsoever.
Grant of Rights
- Users who chose to avail the Program Benefits and/or participate in any events, contests or activities under the Program, acknowledge and hereby provide ISPL with their express consent and permission to use and publish their name, image, audio-visual recording and likeness, as submitted by the User to Us, and/or as taken or created at or within the framework of the Program, or any event/contest/activity under the Program, to promote and fulfill the stipulated purpose of the relevant activity, contest or event under the Program, and to market and promote MI, the Program, ISPL or its Website, in a lawful manner, without any compensation. Such Users also agree to assist ISPL in promoting MI and/or the Program in such manner as reasonable requested by ISPL from time to time. Users may raise any concerns regarding the above to Us at email@example.com.
- The Content, the Program and its Benefits are provided strictly on an "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law.
- ISPL engages third party service providers to provide certain Program Benefits and/or to facilitate the purchase or delivery of certain Program Benefits (including third party payment gateway service providers, ticketing service providers and delivery partners). Such third party service providers offer their services as independent contractors and the services they provide are independent of ISPL and/or the Program. Your utilisation of the Program and the Benefits, including accessing the Program on the Website and utilisation of the payment gateway thereof, shall be at your own discretion and you shall be solely responsible for determining the suitability of the relevant service providers or services. We DO NOT guarantee or warrant that the Benefits, or any services, products, content, information, or material provided by any service provider or third party through the Program and/or Website, is suitable or appropriate for any person. ISPL further specifically disclaims any liability in connection with Your transactions with third parties (including Your purchase of any goods, products or services from such third parties), which may have advertisements or material or content, or are hyperlinked on the Website and/or the Program section of the Website, or are otherwise linked through the Program.
Limitation of Liability
- Users shall participate in the Program and Membership or utilise the Benefits voluntarily and at their own risk. ISPL shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Website (including participation in the Program) or as a result of utilisation of any Benefit.
- To the maximum extent permitted by applicable laws, under no circumstance shall ISPL, MI, its directors, officers, employees, personnel or agents be liable to any User for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, from your participation in the Program, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to access User Account, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup the User’s data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the offer, acceptance or utilization of the Membership or the Benefits or following a failure, suspension or withdrawal of all or part of any Benefit at any time (including the cancellation or postponement of matches or the IPL) or otherwise in the course of operation of the Program even if ISPL or any or all of its agents have been advised of the possibility of such damages.
User Account Suspension and Termination
- ISPL’s decisions regarding any aspect of the Program shall be final. In the event a User’s Membership is restricted or suspended by ISPL for any reason, that User’s access to any and all of Program Benefits will be suspended until such time that the account and the Membership returns to good standing and is restored.
- ISPL may terminate a User’s Membership in case ISPL finds or reasonably believes that: (i) the User is ineligible to be registered as a member of the Program; (ii) is in breach of any terms or covenants applicable to the User under these Terms or any other applicable terms in relation to the Program, the Benefits and/or the Website; or (iii) User misuses his/her Membership and/or any of the Benefits provided under the Membership, including any fraud or suspicious activity by the User/User Account relating to the use of his/her Membership and/or redemption of Benefits; or (iv) User has engaged in any action or conduct that is found to be against the interest of the Program, MI, ISPL, its affiliates, players, representatives, partners or sponsors, or that may be detrimental to MI’s name, image, reputation, morale or business interests.
- Further, in the event a User’s Membership is terminated for any reason under Clause 16(b) above, the User’s access to the Program and Program Benefits will be terminated. Additionally, in the event of You committing a material breach of these Terms, We reserve the right to bar You from future registration on the Program and/or participation in any other program or promotions conducted by Us in the future. ISPL shall not be obliged to make any refund to a User if Their Membership and/or any associated Benefits are suspended or withdrawn or if Their Membership is terminated by ISPL pursuant to these Terms
- Any action taken by ISPL shall be without prejudice to Our other rights and remedies available in law or equity.
- A User may cancel and terminate his/her Membership through written notice to ISPL issued to the following email address: firstname.lastname@example.org. In the event a User cancels and terminates his/her Membership as provided hereinabove, ISPL shall not be obliged to make any refund of Membership Charges paid by such User to the User, nor shall ISPL be obliged to provide any Benefits to such User, after such cancellation and termination of membership by the User.
Modifications and Termination
- ISPL reserves the right to change these Terms from time to time and shall notify you of such changes if they materially affect your rights. Any such changes to the Terms shall be notified on the Program section of the Website.
- The Benefits of Membership are as set out herein and/or within the Program section of the Website and/or as advertised by ISPL from time to time. All Benefits, offers and services under the Program are subject to availability and may be changed by ISPL at any time without notice. ISPL reserves the right from time to time to substitute replacement products or benefits as part of Membership Benefits in place of any products or Benefits set out herein, on the Program section of the Website and/or as otherwise advertised in MI promotional material.
- ISPL reserves the right to re-brand or re-name Program Membership or Membership tiers, or introduce additional membership schemes at any time. Users with a valid Membership may, at the discretion of ISPL, be transferred to any such additional or replacement scheme without prior notice provided always that they shall be entitled to the same or substantially similar benefits under the new scheme as they were entitled to under the scheme/tier of which they were a member, and provided that no further cost shall be payable by that User unless otherwise expressly agreed by that User. Nothing in these terms and conditions guarantees that a User will be entitled to become a member of any other official membership scheme or programme of ISPL.
- ISPL may withdraw or terminate the Program, in whole, with one (1) month’s advance notice to all active Program members. At ISPL’s sole discretion, ISPL may choose to substitute a similar membership program for the Program at any time, and ISPL may, at is discretion, attempt to provide reasonable notice in all instances as appropriate. You are encouraged to review these Terms and the Program section on the Website on a regular basis in order to be informed of such modifications, changes or alterations. If such options are not exercised by You within the time frame prescribed in the notification, You will be deemed to have accepted the modified Terms. If the Program is terminated, no member kits claims, Benefits or promotional offer claims will be honoured after the conclusion of the notice period, if applicable. In the event that ISPL terminates the Program during the Season without cause and without the above notice period, and provided that the eligible User has not received the applicable Benefits for such Season, then the provisions of Clause 9(c) above shall apply.
- “Force Majeure Event” shall mean any event due to any cause beyond the reasonable control or foresight of ISPL, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, natural disaster, explosion, accident, acts of God, civil commotion, strikes or industrial action of any kind, lockout, riots, insurrection, war and terrorism, epidemic, pandemic, quarantine orders, lockdown orders, judicial, public or regulatory authority acts or orders, change in law, change in schedules, rules, regulations or guidelines of the Indian Premier League, the Board of Control for Cricket in India and/or the International Cricket Council, or acts of government. It is expressly clarified that ISPL shall not be liable for any failure or delay in delivery or fulfillment of any of the Membership Benefits, the Program or performance of any obligation under these Terms and the Program, to the extent such failure and/or delay is due to or caused by a Force Majeure Event.
- In the event one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms shall be valid and enforceable.
- Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by You shall not be construed as a waiver of Our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
- Governing Law and Disputes:The Terms shall be interpreted in accordance with and governed by the laws of India. Any dispute, controversy or claim arising out of the Terms shall be subject to the exclusive jurisdiction of the courts at Mumbai.
- You consent to receiving communications such as announcements, updates, administrative messages, delivery of certain Benefits, notifications, promotions and advertisements in relation to the Program or MI from ISPL or any of its partners, agents, service providers, licensors or associates.
- Users with Membership will have access to member support telephone numbers and/or an online helpdesk, as available on the Program section of the Website for Benefits redemption requests, Program queries or assistance You may require or to notify Us of any grievances or concerns that You may have in relation to the Program, Your Membership or to otherwise provide Us with feedback concerning the same.