INTRODUCTION
These Terms and Conditions (“T&C”) constitute an agreement between you, and Circloplay
Solutions Private Limited which govern your access and use of our website
and mobile applications through which you may purchase the products and services
provided by us.
This is an electronic record and does not require your signature, either physical or
digital.
DEFINITION
1. "user", "you" and "your" shall mean and include any person who accesses and uses our
Online
Platform for availing our services namely registering for tournaments and sports
sessions.
2. “Company", "us", “we” and "our" shall mean and include playu.in, its legal
representatives, successors in interest and permitted assigns.
3. “Online Platform” shall mean and include the website www.playu.in and the
mobile application owned and
operated by the Company.
4. “Services” shall mean and include the products and sports tournament/coaching
services provided
by playu.in
5. “Player” shall mean and include any person who avails the services provided by
playu.in.
6. “Coach” or “Service Provider” shall mean and include a person/academy/institution who
provide
sports related coaching.
AGREEMENT
By accessing or using our Services, you agree to be bound by the T&C and our Privacy
Policy.
You shall refrain from using and accessing our Services if you do not accept any of the
T&C contained herein.
These T&C expressly supersede all prior agreements or arrangements with you. If you
have any question about the T&C, you can contact us at info@playu.in
If you are accessing or using our Services on behalf of another person or entity, you
shall have the authorization from
such person or entity to accept these T&C and that such person or entity will be
responsible to playu.in if you violate
these T&C.
REGISTRATION
In order to access some of the features of the Website, you may need to register with us
by
creating an user account (Account). The registration process requires you to provide us
with personal
information including but not limited to your name, age, gender, location, email
address, contact numbers
(“Personal Data”). You undertake to provide any proof relating to your information, when
requested by the Company,
including copies of documents such as your address and identity proof or any other
certificate.
You hereby undertake that all the information provided by you at the time of opening the
Account or provided by
you subsequently upon request by the Company, is true, complete, correct, current and
strictly belong to you.
Failure to do so shall constitute a breach of the T&C, which may result in immediate
termination of your account.
In addition, playu.in shall be at the liberty to initiate appropriate legal action
against you for any other remedy
that may be available in law.
Your continued use of the Services in accordance with these T&C is subject to the
Company’s continued satisfaction that
all such details provided by you are true, complete and correct. It is your
responsibility to maintain and promptly update
your account information to maintain its accuracy and completeness.
By registering with us, you give us your consent to send you direct communications to
the email address you provide
or contact you through the registered mobile number to enable effective provision of
Services. You may unsubscribe
from these direct communications at any time by following the unsubscribe instructions
provided in these communications.
By using the Website, you give implied consent to receive certain communications.
ELIGIBILITY
Persons who are “competent/capable” of contracting within the meaning of the Indian
Contract Act, 1872 shall be eligible
to register on the website to avail our Services. Persons who are minors, un-discharged
insolvents etc. are not eligible
to register for our Services. As a minor if you wish to use our Services, such use shall
be made available to you by your
legal guardian or parents who agree to these T&C.
In the event a minor utilizes the Website/Services, it is assumed that such minor has
obtained the consent of the legal
guardian or parents and such use is made available by the legal guardian or parents. The
Company will not be responsible
for any consequence that arises as a result of misuse of any kind of our Services that
may occur by virtue of any person
including a minor registering for the Services. The Company reserves the right to
terminate your account and / or refuse
to provide you with access to the Services if it is discovered that you are under the
age of 18 (eighteen) years and the
consent to use the Services is not made by your parent/legal guardian or any information
provided by you is inaccurate.
You acknowledge that the Company does not have the responsibility to ensure that you
conform to the aforesaid eligibility
criteria. It shall be your sole responsibility to ensure that you meet the required
qualification. Any persons under the
age of 18 should seek the consent of their parents/legal guardians before providing any
Information about themselves or
their parents and other family members on the Website.
SERVICES
playu.in is a sports tournament organising company. Users may use the Services to book
tournaments for themselves or for their children or wards less than eighteen (18) years
of
age (“Minors”). The Website and/or App is an online platform that supports and
facilitates
Users to book tournaments, gain access to coaches, academies and expert knowledge
related
to various sports and related facilities, provide services thereto including but not
limited to making online bookings and/or registrations for tournaments, sessions with
expert coaches and/or academies and/or turfs that the User is interested in, as per
the requirements of the User and availability of the coaches and/or academies and/or
turfs and/or any other third-party associated with us in providing the services
(Service Providers), through our Website and/App (Services).
“Player” shall mean and include any person who avails the services provided by playu.in.
“Coach” or “Service Provider” shall mean a person/academy/institution who provide sports
related training;
The profiles of the Coach or Service Provider providing Services and their training
sessions shall be provided. Users shall review the profile of Coaches and the session
details
and then book training.
We facilitate the interaction between Users/Players (including Minors, as applicable)
and Coaches/Service Provider and provide a forum for information sharing. We collect
payments
from Users or Players who avail our Services.
You agree that:
(i) You shall conduct yourself in a professional manner at all times and not behave in a
manner that may cause
harm to playu.in's reputation.
(ii) Unless otherwise agreed in writing, the Services are provided solely for your
personal, non-commercial use.
(iii) You shall not attempt to circumvent this agreement by obtaining coaching services
from a coach that you
were introduced by Us. If, in breach of this agreement, you do obtain such coaching
services, you remain liable to
us for all fees payable in respect of those services and we reserve the right to charge
you for our legal fees
incurred for recovering such amounts;
(iv) We are not responsible for any lost equipment.
FEES AND CHARGES
1. Fees and any other charges for the use of the Services are described prior to
availing the service. The fees charged by us
are according to the Services rendered by us. The fees for the Services stated are in
Indian Rupees and are exclusive
of all applicable taxes, the details of which are provided. All purchased Services and
the paid fees are non-cancellable
and non-refundable.
2. If the fees for the Services or any part thereof change, your continued use or access
of the Services
after the change indicates your agreement with the new applicable fees and charges after
the effective date
of the change. Any change to the fees and other charges will not be applicable to the
billing period in
which the change occurs. You are responsible for all taxes applicable to the fees and
charges in the applicable jurisdiction.
3. You agree that: (i) you will fulfill your obligation to pay the fees by the date on
which payment is due and
all applicable taxes thereof (time is of essence); (ii) any payment information that you
provide is true and
accurate; (iii) we have the permission to retain the payment information, including the
debit and credit card
information submitted by you or your issuing bank; iv) By making a payment using a
payment method that we accept, you represent and warrant that you are authorized to
use the designated payment method and that you authorize us (or our third-party payment
processor) to charge your
payment method for the total amount of fees for the services (including any applicable
taxes and other charges) (collectively,
as applicable, “subscription”). If the payment method cannot be verified, is invalid or
is otherwise not acceptable,
your subscription may be suspended or cancelled. You must resolve any problem we
encounter in order to proceed with
your subscription.
(iv) We will issue an invoice on or shortly after the date on which the Service is
purchased and on any periodic basis as provided on the Digital Platform. Any invoice
that remains unpaid 15 days
after the invoice date is considered delinquent. You further agree that you will be
responsible for any credit
card chargeback fees as well as any reasonable collection costs that we incur as a
result of your failure to
pay on a timely basis. If you purchase a Service that renews automatically, such as
monthly, quarterly,
bi-annually or annually, you agree that we may process the payment method opted by you
on any renewal term
(based on the applicable billing cycle), on the calendar day corresponding to the
commencement of the Service,
as applicable. In addition, you agree that we have the permission to retain and/or share
with financial
institutions and payment processing firms, information regarding your purchase and the
submitted payment
information in order to process the purchase.
4. Certain additional charges may be levied upon you by payment gateways, banks or other
intermediaries while making
payments. You agree to pay any such additional charges, which may vary between various
banks, payment processors or
other intermediaries and the Company shall not be responsible or liable whatsoever for
any such payment made by you.
5. We have customized pricing according to the Services rendered by us. You will be able
to book and/or
register for a Services only on advance payment of the associated fees to the Services
selected by you.
The payment shall be made only through the payment gateways and modes enlisted on the
Digital Platform.
6. The Services availed by you, which you have made payment for, are subject to
availability, and we
reserve the right to cancel all or any part of the Services and to discontinue making
certain Services
available through the Digital Platform without any prior notice. Please note that except
for the circumstances
mentioned hereunder, you will not be refunded any amounts paid to us:
a. in the event playu.in is unable to confirm the Services; or
b. if the User is not willing to opt for any alternate Services suggested by playu.in.
ACCOUNT SECURITY
Your Account shall be used solely by you in your individual capacity, and by no other
Person. You are solely responsible
for any activity that takes place through your account and liable for any actions,
claims and demands that may arise out
of or in connection with your Account. You agree to never use another user account
without our and/or the other User’s
express consent.
You shall keep your account password secure and not share the password of your Account
or any other Confidential Information
associated with your Account, with any other Person. The Company shall not be
responsible/liable in any manner, in case your
Account is accessed by others using your password or other Confidential Information.
If you suspect or become aware of any unauthorised use of your account or that your
password is no longer secure, you must
take immediate steps to re-secure your account (including by changing your password). In
case your Account is hacked or
attacked in any manner whatsoever, you shall promptly inform the Company of the same and
not use your Account till the said
problem is rectified, which, when rectified, shall be confirmed to you by the Company.
In case you attempt to open more than 1 (one) Account, under your own name, or under any
other fake name or using fake
details, or attempt to use our Services by means of any other Person's Accounts, the
Company shall have the right to close
all the Accounts, including your original Account, and bar you from accessing and using
our Services.
BACKGROUND CHECKS
We do not (a) employ, recommend or endorse any User or Player and have no control over
their
acts or omissions; (b) conduct any kind of identity or background checks on User or
Player
except as otherwise expressly stated in these T&C. Regardless of whether playu.in
screens User or Player, Coach or
Service Provider or performs a background check, you should exercise caution and perform
your own screening or background
verification before connecting or meeting with any other User or Player, Coach or
Service Provider through playu.in.
RESRICTIONS
a) You are prohibited from posting, publishing or otherwise making available to others
any content which is
obscene, defamatory, discriminatory, hateful, harassing, abusive, illegal, physically
dangerous, threatening,
prejudicial to the Company, or is otherwise offensive without being illegal, and any
other Objectionable Content.
b) You are prohibited from undertaking any activity which may be harmful to others or
interfere with the functioning
of the Services, including but not limited to attempting to decompile or reverse
engineer the Software, intercept
communications, attempting to mask or spoof your Internet Protocol address, or uploading
or spreading viruses,
trojans, worms, logic bombs or computer contaminants (as defined in the Information
Technology Act, 2000 or any other
Applicable Law).
c) You may not use data mining, robots, screen scraping, or similar automated data
gathering, extraction or publication
tools on this Website (including without limitation for the purposes of establishing,
maintaining, advancing or
reproducing information contained on our Website, on your own website or in any other
publication), except with our
prior written consent.
d) You may not send any unsolicited or unauthorized advertising, solicitations,
promotional materials, spam, junk mail,
chain letters or pyramid schemes, or harvest or collect the email addresses or other
contact information of other users
for the purpose of sending spam or other commercial messages.
e) You must not attempt to gain unauthorized access to our Services, the server on which
the Website is stored or any server,
computer or database connected to this Website.
f) You are prohibited from indulging in any form of betting while accessing or using the
Services.
g) When uploading a profile picture in an Account, impersonating another Person such as
a celebrity, in the field of
sports or otherwise, will most likely, not be unlawful, except in situations where any
Applicable Law specifically
provides so. Such situations entail fraudulent impersonation for deceit, copy right
infringement and defamation.
Hence, the choice of picture profile and its ramifications are at your own discretion
and at your own risk, for
which the Company shall in no way be held responsible/liable.
h) The contents about our Services shall not be modified, copied, reproduced,
republished, uploaded, posted,
transmitted or distributed in any way for any use. No content or information about our
Services may be transferred,
sold or be made into other derivatives for commercial use.
PRIVACY AND CONFIDENTIALITY
You are requested to review the Privacy Policy, which governs your use of our Services.
The Information provided by you to us
while accessing or using our Services will be treated as strictly confidential and in
accordance with the Privacy Policy and
Applicable Laws. You hereby expressly agree to use ‘cookies’ which may be generated by
the Online Platform.
REPRESENTATION AND WARRANTY
You represent and warrant that
a) You have never been the subject of a complaint, restraining order or any other legal
action involving criminal
activity or alleged criminal activity, and You have not been arrested for, charged with,
or convicted of any felony,
or any criminal offense involving acts of violence, sexual offences, abuse of minor,
harassment, neglect, fraud or
larceny, or any offense that involves endangering the safety of others.
b) You have not been declared insolvent as per any Applicable Law.
c) You have never been sanctioned for an anti-doping rule violation under any Applicable
Law. You have never
participated in, facilitated or encouraged any practice prohibited by the National
Anti-Doping Agency Rules/World
Anti-Doping Agency Code or any other anti-doping related Applicable Law or offenses
related to dishonesty;
d) You do not have any criminal charge pending against you before any forum/court etc.
e) To your knowledge, you have no other matter that may constitute a risk to us or any
Coach or Service Provider
providing you Services.
f) You are aware of the all the risks involved with the sporting activities including
but not limited to the risk of
serious injury, including permanent disability and death.
g) You shall not host, display, upload, modify, publish, transmit, update or share any
information that
i) belongs to another person and to which the user does not have any right to;
ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic,
paedophilic, libellous, invasive of
another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating
or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatsoever;
iii) harm minors in any way;
iv) infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
vi) deceives or misleads the addressee about the origin of such messages or communicates
any information which is grossly
offensive or menacing in nature;
vii) impersonate another person;
viii) contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the
functionality of any computer resource;
ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states,
or public order or causes incitement to the commission of any cognisable offence or
prevents investigation of any
offence or is insulting any other nation
h) You agree to immediately notify the Company if you:
i) are under investigation by any authority for any offence or misconduct
involving Minors; ii) record a conviction under any Applicable Law;
i) You are medically and physically fit to participate in registered event
j) You take full responsibility for participating in the event and do not hold the organizing committee or any of its Sponsors, members or entities responsible for any injury or accident.
k) You also agree to stop continuing to participate in the event if advised to do so by any expert or organiser
MODIFICATIONS
We reserve the right at any time and from time to time, in Our sole discretion, to
modify the content on the Website
or any part thereof, with or without providing prior notice to You. Your continued usage
of the Website confirms your
acceptance of such modification/change.
We further reserve the right at any time and from time to time, at Our sole discretion,
to alter, modify, terminate or
discontinue, temporarily or permanently, any services or features contained on the
Website without providing you prior
notice of such alteration, modification or termination. You hereby agree that We shall
not be liable to You or to any
third party claiming through You, for any claim arising out of or as a direct / indirect
result of any modification,
suspension, termination of services or features provided on the Website.
INTELLECTUAL PROPERTY RIGHTS
All rights, tangible and intangible, including copyright and other Intellectual Property
rights with regard to the Online Platform,
and any content or information displayed or contained therein, belong exclusively to the
Company, unless expressly provided
otherwise. The Company is merely permitting you to use the Online Platform for availing
Services for personal use and not for
any other commercial gain and no right of any nature whatsoever is being passed on to
you by virtue of permitting you to use the
Online Platform. Use of the Services and the Online Platform does not, expressly or
impliedly, give you ownership of any
Intellectual Property rights in the Services or Online Platform or the content or
information which you access therein.
Any alteration of the content or use of the content contained in the Online Platform for
any purpose other than what is permitted
under these T&C shall amount to a violation of the Company’s intellectual property
rights.
USER GENERATED CONTENT (“UGC”)
1. User Generated Content shall mean and include any form of content such as posts,
opinions, feedbacks, ratings, comments, discussions, chats, tweets, blogs, podcasts,
digital images, video/audio files, advertisements and other forms of expressions that
was
created, shared, transmitted, published, posted or uploaded by Users from time to time
through the Services.
2. Any User-Generated Content provided by you remains your property. However, by
providing User-Generated Content to the Company, you grant the Company a
worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to
sublicense, to use, copy, modify, create derivative work of, distribute, publicly
display,
publicly perform, and otherwise use in any manner such User-Generated Content in all
formats and distribution channels now known or hereafter developed (including in
connection with the Online Platform and the Company’s business and on third-party sites
and services), without further notice to or consent from you, and without the
requirement
of payment to you or any other Person.
3. You represent and warrant that: (i) you either are the sole and exclusive owner of
all
User-Generated Content or you have all rights, licenses, consents and releases necessary
to grant the Company the license to the User-Generated Content as set forth above; and
(ii) neither the User-Generated Content, nor your submission, uploading, publishing or
otherwise making available of such User-Generated Content, nor the Company's use of
the User-Generated Content as permitted herein will infringe, misappropriate or violate
a Third Party's Intellectual Property or proprietary rights, or rights of publicity or
privacy, or result in the violation of any Applicable Law. However, the Company does
not certify or validate the authenticity of such User- Generated Content. You shall be
solely responsible for all disputes that arise out of or in connection with the
creation,
sharing, transmitting, publishing, posting or uploading of the UGC and use of such UGC
by playu.in or Service Providers.
4. You understand that you shall be accessing such content at your own risk, and shall
not
hold the Company responsible for an obscene, defamatory, illegal or otherwise offensive
User-Generated Content which may be displayed or accessible. If you believe that any
content on the Online Platform is Objectionable Content please notify us immediately
by writing to us at info@playu.in. Once notified, the Company will assess the
alleged Objectionable Content and if found to be Objectionable Content, it will make all
reasonable endeavors to remove such Objectionable Content within a reasonable time.
FEEDBACK
Apart from User Content, you can submit questions, comments, feedback, suggestions,
ideas, plans, notes, drawings, original or
creative materials or other information, regarding our Services or playu.in
(collectively, “Feedback”). Feedback is
non-confidential and will become the sole property of playu.in. playu.in will own,
and you hereby assign to playu.in,
all right, title, and interest, including all intellectual property rights, in and to
such Feedback, and playu.in will be
entitled to the unrestricted use and dissemination of Feedback for any purpose,
commercial or otherwise, without acknowledgment
or compensation to you. You agree to execute any documentation required by playu.in to
confirm such assignment to playu.in.
THIRD-PARTY CONTENT
Our Services may include links to websites or content owned or operated by third parties
as well as other third-party
content, including advertisements, promotional offers, and social “widgets”
(collectively, “Third-Party Content”).
playu.in does not own, control or endorse any Third-Party Content and makes no
representation or warranties of any
kind regarding the Third-Party Content, including, without limitation, regarding its
accuracy or completeness.
You acknowledge and agree that playu.in is not responsible or liable in any manner for
any Third-Party Content and
undertakes no responsibility to update or review any Third-Party Content. You access and
use such Third-Party Content
at your own risk.
The inclusion of Third-Party Content on our Services does not imply affiliation,
endorsement or adoption by playu.in
of any information contained therein. In addition, your business dealings or
correspondence with, or participation in
the promotional offers of any third party responsible for Third-Party Content, and any
terms, conditions, warranties
or representations associated with such dealings or promotional offers, are solely
between you and such third party.
playu.in is not responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings
or promotions or as the result of the presence of such Third-Party Content on our
Services. When you navigate away
from or otherwise leave our Services, you should understand that playu.in's terms and
policies no longer govern and
that the terms and policies of those third-party sites shall apply. You should review
the applicable terms and policies,
including privacy policy, of any site or services to which you navigate to from our
Services.
PROMOTIONAL ACTIVITIES
playu.in shall as part its promotional activities or on behalf of the Service Providers periodically send promotional contents or materials via text messages and e-mail to your mobile number and e-mail id registered with us. playu.in may periodically advertise in media and other advertising channels. playu or the event sponsors may send text messages and/or e- mail to you, certain codes or offers or similar benefits (“Promotional Offers”) as part of your participation in the event. However, such codes or offers or similar benefits are subject to specific T&C in addition to these T&C that are applicable to each such Promotional Offers.
These Promotional Offers are non-transferable, non-assignable, and non-saleable, aimed
at general public or particular
customers/Users of playu.in, for an intended purpose and may be valid only for a
limited period. Such Promotional Offers
may be withdrawn by playu.in at any time without any reason and liability, whatsoever.
playu.in shall have the right
to repossess from You the benefits that were granted under the Promotional Offer if
playu.in believes or has reasons
to believe that (i) You were not the intended recipient (ii) the Promotional Offer was
used for a purpose other than the
intended purpose and (iii) You have violated or breached any law or specific T&C
applicable to the Promotional Offer.
LIMITATION OF LIABILITY
playu.in shall not be liable to you for any indirect, incidental, special, exemplary,
punitive, consequential damages
or for any damages whatsoever, whether based on contract, tort, negligence, strict
liability, warranty or otherwise,
including loss of profits, personal injury or property damage related to, in connection
with, or otherwise resulting
from any use of the services, or your inability to access or use the services; even if
playu.in has been advised of
the possibility of such damages. In no event shall playu.in's total liability for all
damages, losses and causes of
action exceed the amount paid if any, by you to us to access or use our services or
rupees five hundred only (Rs.500/-)
whichever is lesser. We will not be liable for any delay in performing any of our
obligations under this Agreement if
such delay is caused by circumstances beyond our reasonable control.
playu.in shall not be liable to you whatsoever for any direct, indirect, incidental,
special, exemplary, punitive,
consequential damages or for any damages whatsoever, whether based on contract, tort,
negligence, strict liability,
warranty or otherwise, including loss of profits, personal injury or property damage
related to, in connection with,
or otherwise resulting from any use of third party services by you through playu.in,
or your inability to access or
use such third party services through playu.in even if playu.in has been advised of
the possibility of such damages.
In no event shall playu.in's total liability for all damages, losses and causes of
action exceed the amount paid, if
any by you to us to access or use our services or rupees five hundred only (Rs.500/-)
whichever is lesser
INDEMNIFICATION
You agree to fully indemnify and hold playu.in and its affiliates, licensors,
officers, directors,
employees’ and agents harmless from and against any claims, demands, losses, damages,
liabilities, actions, proceedings, judgements, settlements, and expenses (including, but
not
limited to, reasonable attorneys’ fees) arising out of or in connection with: (i) your
access to or
use of our Services; (ii) your breach of any of these Terms and Conditions; (iii) any
User
Content or Feedback you provide; d) your violation, misappropriation or infringement of
any
rights of third party (including intellectual property rights or privacy rights); or (e)
your conduct
in connection with our Services. You hereby expressly agree to indemnify us and keep
indemnified us against all claims,
demands, costs, losses or damages of any nature whatsoever arising either directly or
indirectly from or in relation to
your participation in a tournament or availaing our training services.
ACKNOWLEDGEMENT AND WAIVER
You acknowledge and agree that by participating in a tournament you may be
engaging
in activities that may involve risk of serious injury, including permanent disability
and death.
You shall be aware about the risks involved in all sporting activities and take
necessary
precautions for the same. You hereby expressly waive, release and discharge us from
costs, losses or
damages of any nature whatsoever that may arise either directly or indirectly from or in
relation to
your participation in a tournamentor availing our training services.
DISCLAIMER
Our Services are provided “as is” and “as available” without warranties of any kind,
either express or implied, including,
but not limited to, implied warranties of merchantability, fitness for a particular
purpose, title, and non-infringement.
playu.in does not make any representation, warranty, or guarantee regarding the
reliability, quality, accuracy, performance,
suitability or availability of its Services or of the Service Providers or that the
Services will be uninterrupted or error-free.
While playu.in attempts to make your access to and use of our Services safe, we cannot
and do not represent or warrant that our
Services or servers are free of viruses or other harmful components. You agree that the
access and use of the services is entirely
at your own risk. You understand that we cannot and do not guarantee or warrant to you
that files available for downloading through
the Website or delivered via electronic mail through the Website will be free of
infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and
precautions to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external
to the Website for the reconstruction of any lost data.
TERMINATION
The T&C contained herein are perpetual in nature and shall continue to be in force
and remain in effect unless terminated
in accordance with this clause.
i. In case you wish to terminate your Account for any reason whatsoever, you shall be
permitted to do so only upon
notifying fifteen days prior to the Company by sending an email to info@playu.in,
post which, your Account will
be deactivated.
ii. In case you breach or violate any of the Terms or if your act or conduct is likely
to result in any breach or
violation of the Terms herein or any claims or demands against the company, we may
terminate your account or suspend
your use of and prohibit access to any or all features/parts of the website forthwith.
Any such suspension or termination
of account or access to website will be done with immediate effect without giving any
prior notice. Upon such termination
of access to the Website, these Terms, as applicable to You, will be deemed to have been
terminated.
iii. The Company shall not condone any form of antisocial, disruptive or dangerous
behavior committed by you
(including a minor), including, but not limited to bullying, swearing and inflicting
physical violence to any other
User of the Online Platform, the Company staff/management, Coaches or other volunteers.
Such behavior may, at the
discretion of the Company, result in cancellation of your Account and immediate
termination of all Services provided
to you, without refund of any fee paid by you towards such Services.
iv. Once your Account is terminated, you shall receive no refund of any amount paid
while using the Online Platform
and you shall not be eligible to use any of the Services you had been using, prior to
termination. Upon termination,
you shall not be permitted to provide/avail any Services and you shall be required to
settle all pending dues in relation
to the Online Platform or the Services immediately in any mode of payment as mandated by
the company.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and be construed in accordance with the
laws of the Republic of India and subject to the provisions of dispute resolution clause
set out below. The
courts at Chennai, Tamil Nadu, India shall have exclusive jurisdiction in relation to
any
disputes arising out of or in connection with these Terms and Conditions. playu.in
does not
assure compliance with laws outside the jurisdiction of Republic of India.
DISPUTE RESOLUTION
If any dispute or difference arises during the subsistence of these Terms and Conditions
or
thereafter, in connection with or arising out of the validity, interpretation,
implementation or
alleged breach of any provision of these Terms and Conditions or regarding a question,
shall
first be discussed by the parties hereto, who shall try to amicably settle the dispute
among
themselves. Should they fail to agree within thirty (30) days, the matter shall be
referred to
Arbitration by a Sole Arbitrator who shall be appointed by playu.in. The seat of
Arbitration
shall be in Chennai, Tamil Nadu. The arbitration shall be conducted in English and
governed
by the provisions of the Arbitration and Conciliation Act, 1996. The arbitral
proceedings shall
be held in English and the award rendered at the arbitration shall be final and binding
upon the
parties. This agreement is subject to the Courts having exclusive jurisdiction at
Chennai only.
GENERAL
(i) Relationship
It is understood that neither party shall be constituted as an agent, associate,
employee, partner
or joint venture of the other for any purpose whatsoever. You are not granted and shall
not
exercise the right or authority to assume or create any obligation or responsibility or
make any
representation, including, without limitation, contractual obligations and obligations
based on
warranties or guarantees on behalf or in the name of playu.in.
(ii) Severability
If any provision of this agreement or any part of any such provision is held to be
invalid, void
or unenforceable by any court of competent jurisdiction, such provision or part (as the
case
may be) shall be ineffective only to the extent of such invalidity, or unenforceability,
without
rendering invalid, or unenforceable or otherwise prejudicing or affecting the remainder
of such
provision or any other provision of these Terms and Conditions.
(iii) No Waiver
The rights and remedies available under these T& C may be exercised as often as
necessary and are cumulative and not
exclusive of rights or remedies provided by applicable law. No failure or delay by a
Party to exercise any right or
remedy provided under these T&C or by law shall constitute a waiver of that or any
other right or remedy, nor shall it
preclude or restrict the further exercise of that or any other right or remedy. No
single or partial exercise of such
right or remedy shall preclude or restrict the further exercise of that or any other
right or remedy.
(iv) Entire Agreement
Except otherwise provided in this Terms and Conditions, the provisions of this T&C
constitute the entire
agreement between us with respect to the subject matter hereof, and supersedes all prior
agreements or representations, whether in oral or written, regarding such subject
matter.
(v) Amendment
We reserve the right to amend, modify, replace, add, remove, revise, or change any of
these T&C at our sole discretion
from time to time without prior notice to you. It is Your responsibility to review these
T&C periodically for updates
/ changes. Your continued use of the Website following the posting of changes will mean
that You accept and agree to the
revisions, as carried out from time to time. If you do not agree to the amended T&C,
you must stop accessing and using
our Services.
(vi) Assignment
You shall not assign these T&C or any part hereof to any third party without prior
written
approval of playu.in. However, playu.in shall have the right to assign these Terms
and
Conditions, either in whole or in parts, to any of its subsidiaries, affiliates and/or
any third
parties without your consent or approval.
(vii) Survival
Termination of this Agreement will not end those provisions that are capable of
surviving
the ending of this Agreement.
(viii) Notice
Any notice or communication will be addressed to your email or phone number registered
with
us. Any notice or communication to playu.in shall be addressed to info@playu.in
(ix) Construction:
The headings of sections of this Agreement and the attached Schedules are for
convenience
and are not to be used in interpreting this Agreement.
(x) Counter Parts:
This Agreement may be executed in counterparts, each of which will be considered an
original, but all of which together will constitute the same instrument.
FORCE MAJEURE
Notwithstanding anything to the contrary contained in these T&C, if any Party is
unable to carry out its obligations
due to a force majeure event, which event shall mean and include events like any civil
commotion, tempest, flood,
severe weather, sabotage, strikes, lockouts or other industrial disturbances, war,
insurrection, terrorist action,
earthquake, or any inevitable accident, acts of God or other irresistible force, acts of
governmental authorities,
laws and regulations, or any circumstance/s including but not limiting to
fire/violence/riots etc. or any act beyond
either Parties reasonable control and is/are not caused by the acts or
omissions/negligence of any of the Parties herein,
which affects the performance of the obligations under these T&C, and the said Party
promptly notifies the other Parties
of such occurrence of a force majeure event, then all obligations under these T&C
that are affected by the force Majeure
event shall be suspended. Any and all claims and costs incurred prior to the occurrence
of the Force Majeure Event shall
remain in full force and effect.