This document is being submitted with the explicit understanding that the contents are confidential and would not be divulged to any third party without prior written consent and recognition on part of DribbleLogics Systems Private Limited
GOPLAYR RENTER/ ORGANISER AGREEMENT
DribbleLogics Systems Private Limited is engaged in the business of providing aggregation of sports and fitness venue renting services and other sports services including but not limited to sports coaching and trainers, sports tournaments and competitions, adventure and other lifestyle activities including services related to electronic payments and collections. DRIBBLELOGICS SYSTEMS PRIVATE LIMITED owns and operates the website www.goplayr.com, the GoPlayr mobile application and the GoPlayr call centre. The GoPlayr website, GoPlayr mobile application and the GoPlayr call centre are collectively referred to as “GoPlayr”.
THIS AGREEMENT ( “THE AGREEMENT” ) IS A DOCUMENT IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES UNDER IT AND THE AMENDED PROVISIONS. THIS AGREEMENT REQUIRES A PHYSICAL SIGNATURE WITH COMPANY STAMP. THE AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND GOPLAYR (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS AGREEMENT WILL BE EFFECTIVE FOR THE CATEGORIES APPLICABLE TO YOU UPON YOUR ACCEPTANCE OF THE SAME AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND GOPLAYR, WITH RESPECT TO THE LISTING, MARKETING, RENT AND DELIVERY OF ANY VENUE/FACILITY/SPORTS SERVICE THROUGH THE WEBSITE/APPLICATION (DEFINED BELOW). VENUE MANAGEMENT WILL BE NOTIFIED OF FURTHER CHANGE / MODIFICATIONS WITH A MUTUALLY AGREED UPON OUTCOME BEING INSERTED INTO THE NEW AGREEMENT.
For the purpose of this Agreement, the individual or any legal entity (company, sole- proprietorship, partnership, HUF etc.) representing itself through its duly appointed authorized signatory (who has completed GOPLAYR’s Renter/Organiser Registration Form as required by GOPLAYR) henceforth, referred to as the “Renter/Organiser” /“You”, which expression shall (unless it be repugnant to the context or meaning thereof) be deemed to mean and include Your heirs / subsidiaries, affiliates and permitted assigns) shall constitute the PARTY ON THE FIRST PART
DribbleLogics Systems Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at Rajiv Nagar, Gopalganj, Bihar, India-841428 and Operating Office at Plot 98, Ashoka Society, Thergaon, Pune, Maharastra, India - 411033 (henceforth referred to as, “GOPLAYR” which expression shall (unless it be repugnant to the context or meaning thereof) be deemed to mean and include all its successors and permitted assigns shall constitute the PARTY ON THE SECOND PART. Renter/Organiser/You and GOPLAYR may be referred to as the “Party” individually and as the “Parties” collectively, as the context may require.
GOPLAYR owns and operates an online market place on the website/mobile app located at the URL www.goplayr.com (the “Website/Mobile App”) which acts as an online platform for different Renter/Organisers to rent their venue/facilities and for different customers to access variety of venue/facilities/sports services and to rent the venue/facilities/sports services offered by Renter/Organisers;
You being desirous of using the website/mobile App as a platform to offer and rent your venue/facilities/sports services (defined below) to the users of the Website have completed GOPLAYR’s Renter/Organiser Registration Form to enroll as a registered Renter/Organiser on the website and mobile app; and
As a part of the registration process, GOPLAYR requires you to agree to the terms and conditions for offering for rent, and renting, the venue/facilities, providing access to the venue/facilities/sports services rented/purchased by any Users (defined below).
HENCE THIS AGREEMENT IS NOW MADE AND THE PARTIES AGREE AS FOLLOWS:
1.1 “Banned venue/facilities/sports services” shall mean the venue/facilities/sports services/goods/articles included in the GOPLAYR Banned venue/facilities/sports services list, which is also available on the website.
1.2 “Users” shall mean any user of the Website/Mobile App who rents any Venue or Facility or Services of the Renter/Organiser through the Website/Mobile App .
1.3 “Invoice” shall mean the invoice as may be raised by the Renter/Organiser on the renting of a Renter/Organiser’s venue/facility/sports service by a Users, through the Website/Mobile App.
1.4 “Customer Booking Fees” shall mean any prefixed amount to be paid by the customer to GOPLAYR which will include the Renting Price and the payment gateway charges and which may or may not include GOPLAYR Booking Charges.
1.5 “Venue/Facility/Sports Service” shall mean the venue/facility/Sports Service, made available by the Renter/Organiser for rent/purchase on the Website.
1.6 “Renter/Organiser Panel” shall mean a web page / account on the Website/Mobile app provided by GOPLAYR to the Renter/Organiser with a unique login ID and password to update the venue/facility/sports service, status, price, schedule and inventory of the venue/facilities/Sports Service on the Website.
1.7 “Renting/ Ticket Price” shall mean the price of a venue/facility/sports service per hour, per day or per game as decided by the “Renter/Organiser” in INR (including service & all other applicable taxes etc) at which such a venue/facility/sports service is offered for rent/purchase by the Renter/Organiser/ Organiser to the prospective Users on the Website.
1.9 “Term” shall mean the period commencing from the date of acceptance of this Agreement by the Renter up to the termination of this Agreement in accordance with Clause 16 as provided herein below. 1.10 “ Territory ” shall mean the Republic of India.
1.9 “Term” shall mean the period commencing from the date of acceptance of this Agreement by the Renter/Organiser up to the termination of this Agreement in accordance with Clause 16 as provided herein below.
1.10 “Territory” shall mean the Republic of India.
1.11 “Website” shall mean the website located at the URL; www.goplayr.com or such other URL as may be specifically provided by GOPLAYR.
2. COMPLETION OF Renter/Organiser REGISTRATION
2.1 As a part of the registration process, you state that you have completed the Renter/Organiser Registration Form and provided other relevant details as required by GOPLAYR. You represent that You, in your individual capacity and/or as an authorized representative of the entity registering as a Renter/Organiser on the Website, are competent to contract, have completed eighteen (18) years of age, are of sound mind and are not disqualified from entering into a lawful contract under any law in India. 2.2 You also represent that you have provided to GOPLAYR your information such as name, contact details, email address, account details, PAN No., Service Tax Registration, TIN Number and other compliance related details through the Renter/Organiser Registration Form and that such information is true and correct as on date.
2.2 You also represent that you have provided to GOPLAYR your information such as name, contact details, email address, account details, PAN No., Service Tax Registration, TIN Number and other compliance related details through the Renter/Organiser Registration Form and that such information is true and correct as on date.
2.3 You have the option of accepting or declining to accept this Agreement. Please provide Your Acceptance to this Agreement if and only if you are agreeable to the terms and conditions applicable to your category provided herein. On Your Acceptance of this Agreement, GOPLAYR will send an “Agreement Acceptance Notification”, along with a copy of this Agreement in PDF format, to the email provided in the Renter/Organiser Registration Form. The Agreement Acceptance Notification will contain a statement requesting You to contact GOPLAYR within twenty four (24) hours if the acceptance of this Agreement has not been provided by You.
2.4 You will be responsible for maintaining the confidentiality of the Renter/Organiser Panel and the information provided therein, and shall be completely responsible for all activities that occur under Your Renter/Organiser Panel. You agree to (a) immediately notify GOPLAYR of any unauthorized use of Your account information or any other breach of security, and (b) ensure that You exit from Your Renter/Organiser Panel at the end of each session. GOPLAYR cannot and will not be liable for any loss or damage arising from Your failure to comply with this Clause.
2.5 You agree that as a registered Renter/Organiser of the Website, You shall not transfer / rent / trade / share the Renter/Organiser Panel to any other person or entity.
2.6 GOPLAYR reserves the right to determine the Renter/Organisers who may rent/sell on the Website. GOPLAYR also reserves the right to suspend access of registered Renter/Organisers to the Website and the Renter/Organiser Panel, or to terminate such access granted under this Agreement, without assigning any reasons for doing so. GOPLAYR also reserves the right to select / delist the venue/facilities/Sports Service which are displayed/offered for rent/purchase on the Website
2.7 All customer data made available to GoPlayr shall become mutual property of GoPlayr
3. RENT AND USAGE OF THE venue/facility/sports service
3.1 You agree that You will abide by the terms and conditions of this Agreement and GOPLAYR Policies.
3.2 You shall upload the venue/facility/sports services listings for the rent/purchase of the venue/facilities/sports services in the appropriate category, through the Renter/Organiser Panel. You shall also be required to provide all details relevant to the renting of the venue/facilities/sports services, including the renting/purchasing Price, an informative description of each venue/facility/sports services (including but not limited to the physical description of the venue/facility/sports services) and its contents, by way of text descriptions, graphics, or pictures or videos. These venue/facility/sports service listings and details shall be displayed on the Website, along with the renting Price defined by the party of the first part.
3.3 You represent that You shall provide accurate venue/facility/sports service information on the Renter/Organiser Panel/Website. The venue/facility/sports service description shall not be misleading and shall describe the actual condition of the venue/facility/sports service. You shall be required to retain an adequate inventory of the venue/facilities listed on the Website, for successful fulfillment of orders.
3.4 You shall not attempt to rent any venue/facilities falling in the category of GOPLAYR Banned venue/facilities‟ List on this Website. GOPLAYR shall be entitled to block all such venue/facilities and shall also have the right to suspend or terminate the Renter/Organiser’s access to the Renter/Organiser Panel and the Website or terminate this Agreement forthwith.
3.5 When a Users elects to rent a venue/facility/sports service through the Website, GOPLAYR shall receive the order for the venue/facility/sports service only in the capacity of an online marketplace.
3.6 For all orders placed on the Website/Mobile app, payments shall be collected by GOPLAYR on behalf of the Renter/Organiser, in the mode (i.e., payment gateway or cash) as opted for by the customers. You hereby authorize GOPLAYR to process, facilitate, collect and remit payments to You, (collected either electronically or through cash), from the customers in respect of rent of the venue/facilities through the Website. You also agree that, in doing so, GOPLAYR will be merely acting as your agent with the sole intent and purpose of facilitating the rent of venue/facilities through the Website/MobileApp. You also agree that the payment facility provided by GOPLAYR is neither a banking service nor a financial service but is merely a facilitator/facilitating the service of providing an automated Systems electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment through cash, for the transactions on the Website. Further, by providing the payment facility, GOPLAYR is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Website.
3.7 On the Users making the payment of the renting Price through the payment gateway provided on the Website or opting for cash, You will be intimated of the same through the Renter/Organiser Panel/Telephonic means.
3.8 GOPLAYR shall provide the necessary backend infrastructure, like call center, order management system, etc., for capturing the Users/order details placed on You. Orders placed by the Users will be forwarded to You/reflected in the Renter/Organiser Panel. You shall provide the venue/facility/sports service(s) in accordance with the venue/facility/sports service guidelines issued by GOPLAYR from time to time after mutual agreement.
3.9 You shall ensure that the rented venue/facility/sports service is provided to the Users along with all the required information, manuals, services (where applicable) and any other relevant documents/things, to enable the Users to optimally use the venue/facility/sports service rented. You shall also issue a corresponding Invoice (net amount as displayed online including service tax and all other applicable taxes etc ) in the name of GoPlayr along with the venue/facility/sports service details. You shall be responsible to update the Renter/Organiser Panel to reflect any change in order.
3.10 You shall keep GOPLAYR informed promptly on any information that shall impact the usage of a venue/facility/sports service by the Users.
3.11 You confirm and understand that renting and providing wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished venue/facilities/equipments through the Website/MobileApp will cause great prejudice and harm to the reputation and goodwill of GOPLAYR and may also cause harm and prejudice to the customers. You acknowledge and warrant that You shall not rent any venue/facility/sports service which may cause prejudice or harm to the reputation and goodwill of GOPLAYR. Further, if GOPLAYR receives any complaint from any Users or if You rent or provide wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned venue/facilities through the Website/MobileApp then You shall be liable to pay back the rented amount to the user and your account would be suspended. GOPLAYR reserves the right to adjust the above amount from any amount accrued to You pursuant to this Agreement.
3.12 POSTING AGENTS: As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. GOPLAYR prohibits the use of Posting Agents, directly or indirectly, without the express written permission of GOPLAYR In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with written permission or license from GOPLAYR.
3.13 PAID POSTINGS. GOPLAYR may charge a fee to post Content in some areas of the Service (Additional Marketing @ prominent places both online and offline like Facebook Page, Website Home page, Banners, Posters, etc ) . The fee permits certain Content to be posted in a designated area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms.
3.14 ACCESS TO THE SERVICE GOPLAYR grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by GOPLAYR or as otherwise set forth in these Terms.
Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for rent, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal Systems media). If the total number of such postings displayed on or linked to your website exceeds ninety nine (99) postings, your use will be considered to be in violation of these Terms, unless GOPLAYR expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray GOPLAYR, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. GOPLAYR may offer parts of the Service in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or view postings through third party software news aggregators. GOPLAYR permits you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blow, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title within an RSS feed is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, in a conspicuous manner, proper attribution to 'GOPLAYR' as the source of the RSS feed, (d) your use or display of the RSS feed does not suggest that GOPLAYR promotes or endorses any third party causes, opinions, ideas, websites, venue/facilities or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden or otherwise slow the performance of GOPLAYR's systems. GOPLAYR reserves all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without notice. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from GOPLAYR.
6. NON-AVAILABILITY OF VENUE/ FACILITIES / SPORTS SERVICES
6.1 Non availability of the venue/facility/sports service Due To Fault of the Renter/Organiser, where the venue/facility/sports service has not been available due to any reason/fault attributable to You after payment has been made to You with the users Payment, then Renter/Organiser shall refund to the Users the renting Price paid by the Users to rent the venue/facility/sports service including payment gateway charges & GOPLAYR charges wherever application.
6.2 You hereby agree to accept all cancellations made by Users after booking.
7. PAYMENT TERMS
7.1 You shall quote your best, lowest and competitive renting Price (inclusive of all applicable taxes and charges) for each venue/facility/sports service/Court on the Website.
7.2 Renter/Organiser may provide a discount / offer on the venue/facilities by lowering the renting Price.
7.3 Renter/Organiser may increase the price nominally to adjust for price rise and inflation.
7.4 The renting Price in respect of a venue/facility/sports service rented by a Users shall be received in full by GOPLAYR through the online system, i.e., the payment gateway offered by GOPLAYR on the Website/MobileApp. Cash on desk orders will be accepted and the amount is to be paid by the user at the venue.
7.5 Renter/Organiser will be responsible for payment of all applicable taxes including rents tax and VAT according to the applicable laws of the Renter/Organisers region/ state.
7.6 GOPLAYR shall release the payment of the Renter/Organiser Proceeds of the previous week to Renter/Organiser on every Monday, unless other terms are mutually agreed upon which will be inserted in the NEW AGREEMENT. The Auto-Generated Invoice shall be proof of booking and Amount to be paid to Renter/Organiser. If for any reasons whatsoever, GOPLAYR is not able to pay the amount on the said day, we will have a 3 day buffer period within which payment will be made ( i.e Latest by Friday Afternoon). If payment is not made even after buffer period, the Renter/Organiser has the right to terminate the contract. After 30 days from the Monday in consideration, Renter/Organiser can take legal action. GOPLAYR shall make the payment by way of account payee cheque / RTGS/ NEFT or by Cash. Payment Gateway Charges are to be borne by the User.
8. OBLIGATIONS OF THE Renter/Organiser
8.1 You shall maintain records of all the venue/facilities rented by the customers through the Website/MobileApp, all cancellations, etc., as may be required for audit and regulatory purposes and for the Website’s customer service purposes. You can also request to download the a copy of the same data from GOPLAYR for the bookings/users done through GOPLAYR.
8.2 During the Term, You shall appoint a representative, who shall be GOPLAYR’s point of contact for any and all matters related to this Agreement, including all rents and delivery related matters.
8.3 GoPlayr and You shall be equally responsible and liable for any complaints and queries of customers with respect to the Venue/Facilities/Sports Services, issues with renting, facilities of venue/facilities/sports services rented or any complaints with respect to the quality or quantity of the venue/facilities/sports services delivered.
8.4 You shall, at all times, comply with all applicable laws including without limitation compliance with laws relating to rents tax, VAT etc.
9. REPRESENTATIONS AND WARRANTIES
9.1 The Parties hereby represent and warrant to each other as under: 9.1.1 The Parties have all requisite power and authority to execute the Agreement, deliver and perform their obligations under this Agreement and have been fully authorized by all requisite corporate actions to do so; and
9.1.2 The execution and performance of this Agreement by either Party does not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement. 9.2 The Renter/Organiser undertakes that, at all times during the Term of this Agreement, it will provide the venue/facilities in accordance with all applicable laws, rules, regulations, governmental orders, etc., and applicable codes of practice, now or hereafter in effect, relating to the Renter/Organiser’s performance under this Agreement.
9.3 The Renter/Organiser represents that the Renter/Organiser is competent to contract and is not disqualified from contracting under any law in India.
9.4 The Renter/Organiser has procured and shall maintain all licenses and registrations required for renting the venue/facilities Systems or otherwise during the Term.
9.5 The Renter/Organiser agrees, represents and warrants that the Renter/Organiser shall not describe himself/itself as an agent or representative of GOPLAYR or make any representations to any Users or any third party or give any warranties which are of such a nature that GOPLAYR may be required to undertake, or be liable for, whether directly or indirectly.
9.6 The Renter/Organiser agrees, represents and warrants that the Renter/Organiser shall not, during the Term, offer the venue/facilities listed on the Website, to any other website or through any other platform, at a price which is less than the renting Price, as listed on the GOPLAYR Website or MobileApp.
9.7 The Renter/Organiser agrees, represents and warrants that, the Renter/Organiser shall not, at any time during the Term, transact with any goPlayr Users directly. 9.8 The Renter/Organiser agrees to attend to, and resolve, the customers queries with regard to the use of the venue/facilities and the quality of the venue/facilities within 1 (one) day from the date of receipt of such queries.
9.9The Renter/Organiser hereby represents and warrants to GOPLAYR that there are no restrictions, hindrances or encumbrances of any nature which, in any manner, restrict the performance of the obligations by the Renter/Organiser under this Agreement.
9.10 The Renter/Organiser shall be responsible for payment of the Renter/Organiser’s own taxes and any taxes/levies/cess applicable on the venue/facilities sold through the Website, and shall indemnify and hold harmless, GOPLAYR, from any liability in this regard..
9.11 The Renter/Organiser hereby declares and confirms that it deals only in original, legitimate and genuine venue/facilities which are either self-manufactured and/or procured from legitimate channels and in compliance with all the legal requirements. The Renter/Organiser further declares that it shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual property rights, and in case of purchase of venue/facilities via illegitimate channels or stolen venue/facilities it shall be solely responsible for the same moreover GOPLAYR will not be held responsible as per any laws existing in India/ Outside India.
9.12 The content of the venue/facilities, the text descriptions, graphics or pictures regarding the venue/facility/sports service being uploaded on the Website and the venue/facility/sports service packaging, shall not be obscene, libelous, defamatory or scandalous or which is capable of hurting the religious sentiments of any segment of the population or constitute an infringement of any intellectual property rights of any person or entity.
9.13 You agree, acknowledge and understand that:
9.13.1 You are using the Website/Mobile App provided and owned by GOPLAYR;
9.13.2 The permission granted by GOPLAYR to use the Website as an Systems market place is on a non-exclusive basis;
9.13.3 GOPLAYR reserves the right to deny access to, or revoke, such permission to use the Renter/Organiser Panel and/or Website at any time in accordance to termination clauses;
9.13.4 GOPLAYR shall have the right to remove the listing of any venue/facility/sports service being offered for rent by You if data provided has been falsified.
9.13.5 Any and all data derived as a result of this Agreement will be owned by GOPLAYR and You shall have the right to utilize such data for the duration of the Term of this Agreement to fulfill Your obligations hereunder; and
9.13.6 For the duration of the Term, the Website shall be maintained by GOPLAYR. The ownership of the Website shall vest with GOPLAYR and GOPLAYR shall make its best efforts to deal with any technical issues affecting the Website (such as, for instance, the Website becoming inoperative). GOPLAYR does not warrant that the Renter/Organiser will be able to use the Website and offer for rent the Renter/Organiser’s venue/facilities at all times or locations on the Website or that the Website and the services provided through the Website will be uninterrupted or error-free or that the defects will be corrected by GOPLAYR.
9.14 The Renter/Organiser represents that the Renter/Organiser shall not, at any time, use any intellectual property of GOPLAYR in any manner without the prior written/ mailed consent of GOPLAYR. The Renter/Organiser also represents that the Renter/Organiser shall not purchase any GOPLAYR metatags on the Internet without the prior written consent of GOPLAYR.
9.15 The Renter/Organiser represents and warrants that if Renter/Organiser is found indulging in providing of false or misleading information or provision of defective or counterfeit venue/facilities, then GOPLAYR may initiate civil and/or criminal proceedings against the Renter/Organiser and GOPLAYR may, at its sole discretion, suspend, block, restrict, or cancel the Renter/Organiser’s registration on the Website and /or disqualify / bar the Renter/Organiser from renting the venue/facilities on the Website.
10. NOTIFICATIONS OF CLAIMS OF INFRINGEMENTS
10.1 GOPLAYR is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
10.2 If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to GOPLAYR together with a request to GOPLAYR to delete the relevant Content after scrutiny. The notification and the request must contain the following information:
10.2.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
10.2.2 Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single site are covered by a single notification with a list of such infringements at that site;
10.2.3 Identification of the Content (by means of data or communication link, AD ID, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit GOPLAYR to locate the material;
10.2.4 Information reasonably sufficient to permit GOPLAYR to contact you, such as an address, telephone number, and, if available, an electronic mail address;
10.2.5 A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
10.2.6 A signed statement that the intellectual property-owner hold GOPLAYR harmless from any claim of any third party in connection with the removing by GOPLAYR of the relevant content; and
10.2.7 A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right of Patent that is allegedly infringed such Notifications must be sent to M/s. DribbleLogics Systems Private Limited, Plot no.98, Ashoka Society, Thergaon, Pune, India-411033 Email us at: firstname.lastname@example.org / call us at +91 2065304077.
11.INTELLECTUAL PROPERTY RIGHTS
11.1 Both Parties agree that the brands/logos, trademarks, etc., belonging to each Party are the exclusive property of the respective Party and cannot in any circumstances be used, or copied, or altered in any manner which is identical/ similar the brands/logos/trademarks of the other Party without being specifically authorized in writing by that other Party. You recognize and confirm that GOPLAYR has the exclusive right to supervise, allow and reject the contents of the Website. GOPLAYR shall not be liable for contents and images shared, uploaded or displayed on the Website by the Renter/Organiser regarding the Renter/Organiser’s venue/facilities and all consequent liability will be borne by the Renter/Organiser only.
11.2 You hereby grant GOPLAYR the right to display/delist the venue/facilities (as updated or to be updated by You on the Renter/Organiser Panel at any/all times) along with the related logo and/or trademark and/or brand name, etc., of the venue/facilities for marketing/renting through the Website.
11.3 You hereby authorize GOPLAYR to use and include your trademarks (as may be provided by You from time to time) and Your corporate name on the Website and in any directory or promotional material produced in connection with the promotion of the Website or the venue/facilities offered by You on the Website.
11.4 You acknowledge that GOPLAYR is merely an intermediary with respect to the venue/facilities listed on the Website. However, on receiving written notification of any alleged infringement of third party intellectual property rights due to display or rent of any venue/facilities/third party trademark or copyrighted matter on the Website (including availability or rent of counterfeit goods on the Website), GOPLAYR may, at its own discretion, remove / delist the allegedly infringing venue/facilities / content from the Website, with or without prior notice to You.
12. USER SUBMISSION.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that GOPLAYR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GOPLAYR with respect thereto.
13. ANTI BRIBERY AND ANTI CORRUPTION POLICY
12.1 The Parties agree to conduct all their dealings in a very ethical manner and with the highest business standards.
13.2 The Renter/Organiser agrees to comply with “Anti-Bribery and Anti-Corruption Policy” and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with GOPLAYR or any other third parties for the purpose of this Agreement. Any instances of such violations will be viewed in a serious manner and GOPLAYR reserves the right to take all appropriate actions or remedies as may be required under the circumstances.
13.3 The Renter/Organiser will provide all possible assistance to GOPLAYR in order to investigate any possible instances of unethical behavior or business conduct violations by an employee or hired person of the Renter/Organiser.
14.1 In the event of any breach or delay in the fulfillment of Your obligations by You, due to any reason, GOPLAYR shall not be held liable/responsible.
14.2 GOPLAYR shall not be liable for the rent of the venue/facilities by You through the Website or any loss incurred by You or the Users therefrom.
15.1 The Parties acknowledge that during the existence of this Agreement, You will have access to confidential information of GOPLAYR and its affiliates. You undertake to keep confidential all data and other confidential information supplied to You by GOPLAYR under this Agreement and shall not rent or otherwise make that information available to any third parties. This Agreement, and the terms thereof, shall be considered to be confidential.
15.2 Except as agreed to by the Parties, the data of customers will be the exclusive property of GOPLAYR, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of this Agreement and shall keep it confidential at all times. Confidential information would include but not be limited to Users details, market information, all work venue/facilities and documents related thereto, the contents of the Website or any other information which is treated as confidential by GOPLAYR, and any other information, whether oral or in writing, received or to be received by You which is agreed to be treated under the same terms, whether expressly or by implication.
15.3 The obligations under this Clause shall survive the termination of this Agreement.
16.1 The Renter/Organiser agrees and undertakes to indemnify and to hold harmless GOPLAYR, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the Renter/Organiser of the Renter/Organiser’s obligations, representations, or warranties hereunder; (ii) any violation by the Renter/Organiser of applicable law or regulation; or (iii) any breach by the Renter/Organiser of any GOPLAYR Policies or any other policies.
16.2 Additionally, the Renter/Organiser shall, at all times and to the complete satisfaction of GOPLAYR and without demur, at its own expense, indemnify, defend and hold harmless, GOPLAYR and its officers, directors, employees, associates successors, representatives and agents, against any third party claim, demand, suit, action or other proceeding brought against GOPLAYR or its directors, successors, representatives, agents, officers and employees and against all penalty, damages, awards, settlements, liabilities, losses, costs and expenses related thereto (including attorneys’ fees) to the extent that such claim, suit, action or other proceedings are, directly or indirectly, based on or arise on account of the venue/facilities and their content, or any breach of any of the terms and conditions of this Agreement by the Renter/Organiser or failure of the Renter/Organiser in the performance or observance of its role, functions, responsibilities as specified herein, or the breach of the Renter/Organiser’s representations and warranties as contained in this Agreement, even after the termination of this Agreement.
17.1 The rights and obligations under this Agreement shall not be assigned or transferred by You to any third party whomsoever, during the Term of this Agreement.
17.2 GOPLAYR shall be entitled to transfer or assign any or all of its rights and obligations under this Agreement to a third party without a prior written notification to You.
18. SUSPENSION AND TERMINATION
18.1 This Agreement may be terminated:
18.1.1 By both Parties, with immediate effect, if either is in breach of any of its obligations, representations or warranties, or any other material terms as contained in this Agreement and/or any of the GOPLAYR Policies;
18.1.2 By both Parties, without any reason, by giving a prior written notice of seven (7) days; or
18.1.3 By both Parties, with immediate effect, if a petition for relief under any bankruptcy or insolvency is filed by or against You, or You make an assignment for the benefit of the creditors, or a receiver or an administrative receiver or administrator is appointed for all or a substantial part of Your assets;
18.1.4 GOPLAYR also has the right to suspend Your access to the Renter/Organiser Panel (instead of terminating the Agreement) for any period of time (during which time period You shall not be permitted to rent Your venue/facilities on the Website).
19. CONSEQUENCES OF TERMINATION
19.1 On termination of this Agreement:
19.1.1 GOPLAYR will, with immediate effect, block Your access to the Renter/Organiser Panel and/or Website and consequently, You shall not be able to offer any venue/facilities to the customers thereafter; and
19.1.2 You shall return to GOPLAYR all the confidential information of GOPLAYR and all other properties and materials belonging to GOPLAYR. Where the confidential information cannot be returned in material form, You shall destroy all of GOPLAYR’s confidential information and shall provide GOPLAYR with a certificate of destruction with respect to the same.
19.1.3 A Renter/Organiser, whose arrangement under this Agreement has been terminated by GOPLAYR for any reason whatsoever, shall not have the right to re-register himself / itself as a Renter/Organiser on the Website at any time after such termination, unless GOPLAYR, in its discretion, permits such re-registration. Re-registration can be applied for after a period of 3 months from termination
19.2 It is agreed that such provisions and obligations which, by their very nature, survive the termination of this Agreement, shall continue to be binding on the Parties.
19.3 On the termination of the Agreement, You will be entitled to only the Renter/Organiser Proceeds which have become due to You on account of any purchase of the venue/facilities, made through the Website, prior to the date of termination of this Agreement. GOPLAYR shall be entitled to adjust any monies, dues from You to GOPLAYR till the date of termination, from the Renter/Organiser Proceeds payable to You on termination.
19.4 Without prejudice of the foregoing, the termination of this Agreement pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which either Party may have, arising out of the event which gave rise to the right of termination.
20. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
20.2 The Agreement shall be governed by and construed in accordance with the laws of India. The courts of Pune/PCMC, India, shall have exclusive jurisdiction in connection with this Agreement.
21.1 GOPLAYR may amend the terms and conditions of this Agreement including the Commercial Term Segment and the GOPLAYR Policies by intimating You by way of notification on the Renter/Organiser Panel and/or by sending an email to the email ID provided in the Renter/Organiser Registration Form WITH A MUTUALLY AGREED UPON OUTCOME BEING INSERTED INTO THE NEW AGREEMENT. It is your responsibility to review amendment notifications from time to time.
22.1 Force Majeure: Any delay in or failure to perform any obligations by the Parties under this Agreement shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of the Party committing default, including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection, sabotage and non-cooperation of third parties. Provided, however, that Renter/Organiser shall give prompt written notice within a period of seven (7) days from the date of the force majeure occurrence to the GOPLAYR. If GOPLAYR is informed after the 7 day deadline, appropriate reasons can be taken into account in favour of the Renter/Organiser. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed.
22.2 Entire Agreement: This Agreement, along with the Commercial Terms Segment and GOPLAYR Policies shall constitute the full and complete Agreement between the Parties hereto relating to the subject matter thereof. The Parties state that there are no oral statements, representations, warranties, undertakings or agreements between the Parties except as provided herein. This Agreement supersedes/cancels all prior communications, understandings and agreements whether written or oral or in electronic form, (such as the Renter/Organiser Registration Form), between the Parties hereto.
22.3 Notices: Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail (with a copy concurrently mailed as set forth above). The date of receipt shall be deemed the date on which such notice is given. Notice to You shall be issued at the address provided by You in the Renter/Organiser Registration Form, as amended by You from time to time.
22.4 Waiver: Either Party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such Party.
22.5 Severability: Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
22.6 You represent that You have read this entire Agreement and the policies. By accepting this Agreement, You hereby accept all the policies mentioned in this Agreement.
In the event you made a booking on GoPlayr.com for a slot or membership or any other service and the slot/membership/service is not available anymore. The payment you have made would be refunded to your without any deduction. The payment would reflect in your bank account within 7-10 working days.
In the event, you plan to cancel your booking made on GoPlayr.com – we advise you to cancel at least 3 days in advance, to the start date of the slot/membership/service date. However, for all cancellations and refunds requested for bookings made on any of the venue/services listed with us – the final refund amount would depend on the venue owner / service provider returns policy on which you have made the booking. The refund amount can range anywhere between 0-100% of the amount you have paid for the booking.
a.Mail at email@example.com
b.Filling up the 'Contact Us' form;
Upon receiving Your complaint, DRIBBLELOGICS SYSTEMS PRIVATE LIMITED shall verify the authenticity and the nature of the complaint and if DRIBBLELOGICS SYSTEMS PRIVATE LIMITED is convinced that the complaint is genuine, DRIBBLELOGICS SYSTEMS PRIVATE LIMITED will inform the relevant Vendor of such complaint and request for a replacement service or compensation. However, in the event of frivolous and baseless complaints regarding the quality and content of the services, DRIBBLELOGICS SYSTEMS PRIVATE LIMITED reserves the right to take necessary legal actions against you and You will be solely liable for all costs incurred by DRIBBLELOGICS SYSTEMS PRIVATE LIMITED in this regard. You expressly acknowledge that the Vendor selling the defective/inappropriate/illegal service will be solely responsible to you for any claims that You may have in relation to such defective service and DRIBBLELOGICS SYSTEMS PRIVATE LIMITED shall not in any manner be held liable for the same.
TERMS OF SERVICE AGREEMENT
LAST REVISION: 20-01-2016 PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS Website/Mobile App OR ORDERING PRODUCTS FROM THIS Website/Mobile App YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this Website/Mobile App, www.goplayr.com (the "Website/Mobile App"), GOPLAYR ("Business Name") a product owned by DRIBBLELOGICS SYSTEMS PRIVATE LIMITED, a private limited entity registered under Government of India, companies act 2013. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. GOPLAYR reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website/Mobile App. GOPLAYR will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website/Mobile App. Your use of the Website/Mobile App following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. GOPLAYR encourages you to review this Agreement whenever you visit the Website/Mobile App to make sure that you understand the terms and conditions governing use of the Website/Mobile App. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with GOPLAYR for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website/Mobile App. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website/Mobile App offers for sale certain products or services (the "Products"). By placing an order for Products through this Website/Mobile App, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct GOPLAYR Online PrivateLimited sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations GOPLAYR and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the optout link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: firstname.lastname@example.org
3. You may send a written remove request to Vrunda Karmarkar, #Plot 98, Ashoka Society, Thergaon, Pune, Maharastra - 411033 Proprietary Rights. GOPLAYR has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by GOPLAYR. GOPLAYR also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information
II. Website/Mobile App
Content, Intellectual Property and Third Party Links: In addition to making Products available, this Website/Mobile App also offers information and marketing materials. This Website/Mobile App also offers information, both directly and through indirect links to third-party Website/Mobile Apps.GOPLAYR does not always create the information offered on this Website/Mobile App; instead the information is often gathered from other sources. To the extent that GOPLAYR does create the content on this Website/Mobile App, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website/Mobile App is for personal, noncommercial use. Any links to third-party Website/Mobile Apps are provided solely as a convenience to you. GOPLAYR does not endorse the contents on any such third-party Website/Mobile Apps. GOPLAYR is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Website/Mobile Apps. If you link to third-party Website/Mobile Apps, you do so at your own risk.
Use of Website/Mobile App:
GOPLAYR is not responsible for any damages resulting from use of this Website/Mobile App by anyone. You will not use the Website/Mobile App for illegal purposes. You will
(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website/Mobile App (including laws regarding intellectual property),
(2) not interfere with or disrupt the use and enjoyment of the Website/Mobile App by other users,
(3) not resell material on the Website/Mobile App,
(4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and
(5) not defame, harass, abuse, or disrupt other users of the Website/Mobile App
License: By using this Website/Mobile App, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website/Mobile App in connection with your normal, noncommercial, use of the Website/Mobile App. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from GOPLAYR or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website/Mobile App, you hereby grant GOPLAYR a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. GOPLAYR does not have the ability to control the nature of the user-generated content offered through the Website/Mobile App. You are solely responsible for your interactions with other users of the Website/Mobile App and any content you post. GOPLAYR is not liable for any damage or harm resulting from any posts by or interactions between users. GOPLAYR reserves the right, but has no obligation, to monitor interactions between and among users of the Website/Mobile App and to remove any content GOPLAYR deems objectionable, in GOPLAYR sole discretion.
Penal Obligation for Website/Mobile App :-
Cyber crime would invoke the legal liability on the employees as under for Disclosure of Information material Related as well as not related of the company in any manner whatsoever :- Offences Under Chapter XI of the Information Technology Act,2000
|65||Tampering with computer source documents|
|66||Hacking with Computer system|
|67||Publishing of information which is obscene in electronic form|
|71||Penalty for misrepresentation|
|72||Breach of confidentiality and privacy|
|73||Penalty for publishing Digital Signature Certificate false in certain particulars|
|74||Publication for fraudulent purpose|
|75||Act to apply for offence or contravention committed outside India|
III. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS
You acknowledge and agree that GOPLAYR shall not be liable for your interactions with any organizations and/or individuals on the Website/Mobile App or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that GOPLAYR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website/Mobile App, or between users and any third party, you understand and agree that GOPLAYR is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release GOPLAYR, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
IV. LIMITATION AND TERMINATION OF SERVICE.
You acknowledge and agree that GOPLAYR may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website/Mobile App. You acknowledge and agree that GOPLAYR has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website/Mobile App or the Service. You acknowledge and agree that GOPLAYR reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that GOPLAYR shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that GOPLAYR, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if GOPLAYR believes that you have violated these Terms. Further, you agree that GOPLAYR shall not be liable to you or any third-party for any termination of your access to the Website/Mobile App or the Service. Further, you agree not to attempt to use the Service after any such termination.
V. USER SUBMISSON.
You understand that when using the Website/Mobile App, you will be exposed to Content from a variety of sources, and that GOPLAYR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GOPLAYR with respect thereto.
VI. GENREAL INFORMATION.
These Terms and the other policies posted on the Website/Mobile App constitute the complete and exclusive understanding and agreement between you and GOPLAYR and govern your use of the Service and the Website/Mobile App superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and GOPLAYR shall be governed by the laws of the INDIA. Any claim you may have against GOPLAYR must be submitted to the exclusive jurisdiction the courts of Delhi, The INDIA. However, in the event that you are a consumer it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of GOPLAYR to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE Website/Mobile App MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT GOPLAYR MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER DUTCH LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
VII. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS Website/Mobile App AND/OR PRODUCTS AND/OR SERVICES ARE AT YOUR SOLE RISK. THE Website/Mobile App AND PRODUCTS OR SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOPLAYR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR SERVICES OR Website/Mobile App CONTENT, OR ANY RELIANCE UPON OR USE OF THE Website/Mobile App CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOPLAYR MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS Website/Mobile App IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY Website/Mobile AppS ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS Website/Mobile App WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE Website/Mobile App. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
VIII. LIMITATION OF LIABILITY
IN NO EVENT SHALL GOPLAYR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GOPLAYR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Website/Mobile App OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Website/Mobile App OR THE SERVICE, FROM INABILITY TO USE THE Website/Mobile App OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Website/Mobile App OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Website/Mobile App OR THE SERVICE OR ANY LINKS ON THE Website/Mobile App, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Website/Mobile App OR THE SERVICE OR ANY LINKS ON THE GOPLAYR SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GOPLAYR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website/Mobile App is controlled and offered by GOPLAYR. GOPLAYR makes no representations or warranties that the Website/Mobile App is appropriate for use in other locations. Those who access or use the Website/Mobile App from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
Cancellation by GOPLAYR: There may be certain orders that GOPLAYR is unable to accept and must cancel. GOPLAYR reserves the right, at GOPLAYR's sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by GOPLAYR's credit and fraud avoidance department. GOPLAYR may also require additional verifications or information before accepting any order. GOPLAYR will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or GOPLAYR.
Cancellation by the User: In case of requests for order cancellations, GOPLAYR reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if GOPLAYR receives a cancellation notice and the order has not been processed/ approved by GOPLAYR, GOPLAYR shall cancel the order and refund the entire amount to You within a reasonable period of time. GOPLAYR will not be able to cancel orders that have already been processed. GOPLAYR has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by GOPLAYR and accept GOPLAYR's decision regarding the cancellation.
You will release, indemnify, defend and hold harmless GOPLAYR, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and obligations under this Agreement;
(2) the Website/Mobile App content or your use of the Website/Mobile App content;
(3) the Products or Services, or your use of the Products or Services (including Trial Products or Services);
(4) any intellectual property or other proprietary right of any person or entity;
(5) your violation of any provision of this Agreement; or
(6) any information or data you supplied to GOPLAYR. When GOPLAYR is threatened with suit or sued by a third party, GOPLAYR may seek written assurances from you concerning your promise to indemnify GOPLAYR; your failure to provide such assurances may be considered by GOPLAYR to be a material breach of this Agreement. GOPLAYR will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website/Mobile App content or Products, with counsel of GOPLAYR choice at its expense. GOPLAYR will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend GOPLAYR against any claim, but you must receive GOPLAYR prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website/Mobile App or Products or Services.
XII. AGREEMENT TO BE BOUND
By using this Website/Mobile App or ordering Products or Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website/Mobile App.
Force Majeure: GOPLAYR will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: GOPLAYR may at any time, in its sole discretion and without advance notice to you, cease operation of the Website/Mobile App and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and GOPLAYR and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of GOPLAYR to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.Governing Law, Jurisdiction: This Agreement will be governed by the laws of the State of Delhi without regard to its conflict of law principles to the contrary. Neither you nor GOPLAYR will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Delhi. By using this Website/Mobile App or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website/Mobile App or Products or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Termination: GOPLAYR reserves the right to terminate your access to the Website/Mobile App if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website/Mobile App and GOPLAYR may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products or Services. If your access to the Website/Mobile App is terminated, GOPLAYR reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website/Mobile App. This Agreement will survive indefinitely unless and until GOPLAYR chooses, in its sole discretion and without advance notice to you, to terminate it.
Domestic Use: GOPLAYR makes no representation that the Website/Mobile App or Products are appropriate or available for use in locations outside India. Users who access the Website/Mobile App from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws Assignment. You may not assign your rights and obligations under this Agreement to anyone. GOPLAYR may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS Website/Mobile App OR ORDERING PRODUCTS FROM THIS Website/Mobile App YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This document is an e-document in terms of 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.
The domain name www.goplayr.com (hereinafter referred to as "Website/Mobile App") is owned by GOPLAYR, product of DRIBBLELOGICS SYSTEMS PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, having its registered office at Rajiv Nagar, Ward 9, Gopalganj, Bihar – 841428 and Branch Office at #Plot no.98, Ashoka Society, Thergaon, Pune, Maharastra - 411033 (hereinafter referred to as, “GOPLAYR”)
GOPLAYR is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website/Mobile App, then you can be assured that it will only be used in accordance with this privacy statement.
GOPLAYR may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 20th January, 2016.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and renting process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at shwetang@GOPLAYR.com or mailing us at: GOPLAYR #E-2B, MadhuVihar, I.P Extension, Patparganj New Delhi India 110092
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4- TYPE OF INFORMATION COLLECTED.
When you visit the Website/Mobile App, we may collect certain non-personal information such as your Internet Protocol ("IP") address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Website/Mobile App or respond to advertisements or posts on the Website/Mobile App or post contents on the Website/Mobile App without registering, we may also collect personal information that you provide such as your name, mailing address, email address, phone/mobile number, home country, and zip code ("Registration Information"). You have the option of also providing to us your fax numbers, gender, age, and/or company name if you choose to register with GOPLAYR. If you provide your phone number, it will be displayed in your posting. Further, if you have provided your phone number and posted an advertisement using your account, you agree to receive communications on the provided phone number from our side which may include but not be limited to automated calls or text messages. The communication may require you to confirm and verify that your account has been used to post the relevant advertisement on the Website/Mobile App. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers. We use a third-party credit card processing company for purchases, and other third party companies to monitor site traffic, which may, in some instances, store your information (see Section 21(4) below). By using this Website/Mobile App or the Service, you consent to collection, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by GOPLAYR.
SECTION 5- HOW YOUR INFORMATION IS USED
We may use information provided by you to:
(ii) provide customer services,create and manage user accounts; and
(iii) assist you with technical difficulties. Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you. We may block users located in certain countries from using the Website/Mobile App. We may retain such information for as long as is required to fulfil our business objective, even after your account is terminated
SECTION 6- PROTECTING YOUR PERSONAL INFORMATION.
You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store your credit card information. Secured socket layer ("SSL") technology is used for processing payment transactions with third- party service provider partners, such as Click & Buy, PayPal, and DineroMail. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. Lastly, you may utilize the Website/Mobile App as an anonymous user by not registering. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. You may participate in our Forum or utilize our Comments feature. For postings to the Forum, your username will be posted. For postings using the Comments feature, your name and email will only be posted if you provide it in the comment. We strongly discourage posting any information on these features or in any Content posted by you that you do not want others to see. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.
SECTION 7- ACCESING AND MODIFING PERSONAL INFORMATION AND COMMUNICATION PREFERENCES
You may access, remove, review, and/or make changes to personal information that you have provided to us via the Contact Support form. You need not register in order to post or respond to advertisements on the Website/Mobile App. If you register or respond to advertisements or posts on the Website/Mobile App or post any content on the Website/Mobile App, we may send you certain notifications, advertisements, promotions, surveys, text messages, specials and phone calls in relation to the Services. You hereby unconditionally allow us and our service providers to contact you via text messages or by phone calls and agree that you shall have no claim against GOPLAYR or its service providers under any applicable law. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website/Mobile App. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt out of certain e-mail communications from us, including our newsletters, advice on buying and renting on the Website/Mobile App, notifications that a user has commented on your posting, and notifications that you can refresh your posting. We will not change your preferences without your consent. You cannot opt out of receiving transactional communications from GOPLAYR related to your account.
SECTION 8 - GOPLAYR
Your data is stored through GOPLAYR's data storage, databases and the general GOPLAYR application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, GOPLAYR doesn't store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website/Mobile App. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. GOPLAYR expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
SECTION 9 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Section 10- Usage OF VENUE/FACILITY
Before booking a venue/facility, the availability of that venue would be checked and if not available, we would request you to provide us with an alternate venue choice which we expect to have available. In case there is any dispute regarding the shipment of the product or services for the area not covered by GOPLAYR, in such cases GOPLAYR will not be responsible for the availability of venue/facility. GOPLAYR doesn't provide venue/facility for renting.
( please add if necessary sec 11)
SECTION 11– RETURN POLICY FOR PRODUCTS
In the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through any of the below mentioned channels:
b.Filling up the 'Contact Us' form;
Upon receiving Your complaint, GOPLAYR shall verify the authenticity and the nature of the complaint and if GOPLAYR is convinced that the complaint is genuine, GOPLAYR will inform the relevant Vendor of such complaint and request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, GOPLAYR reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by GOPLAYR in this regard. You expressly acknowledge that the Vendor renting the defective product/ service will be solely responsible to You for any claims that You may have in relation to such defective product/ service and GOPLAYR shall not in any manner be held liable for the same.
Before accepting shipment of any product, kindly ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered, request You to refuse to accept delivery and inform GOPLAYR at the earliest. The return process of the product may be restricted by GOPLAYR depending on the nature and category of the product. In order to return any products sold through the Website/Mobile App, You are required to comply with the below mentioned conditions, viz:
1. Please notify GOPLAYR of receipt of a damaged/ defective product/service within 48-hours of delivery to You. If You are unable to do so within 48-hours, GOPLAYR shall not be held liable for the failure to replace the order;
2. Products should be unused;
3. GOPLAYR will arrange pick-up of the damaged/defective product through its own logistics partner. In the event GOPLAYR is unable to do so, GOPLAYR will notify You regarding the same and You will be required to dispatch the product using a reputed courier in Your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with GOPLAYR;
4. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
5. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
6. The returned products are subject to verification and checks by GOPLAYR in order to determine the legitimacy of the complaint/ return.
In the event the return of a product is duly accepted by GOPLAYR , the value of such product, as originally paid by You during acceptance of delivery of product or otherwise, will be refunded to You. Refund will be processed based on the mode of payment and GOPLAYR or the approved payment gateway will credit Your refunds directly into Your debit/credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to the following:
1. Orders paid online will be refunded within 7-21 working days through the online account or via cheque, depending on the then current circumstances as determined by GOPLAYR;
2. For Cash on Delivery payments, You will be provided with a refund cheque.
3. If the product can be repaired by the service centre, GOPLAYR would get the same repaired and send it back to You.
4. A promo code, once used shall not be refunded in case of cancellation of order either by customer or GOPLAYR.
SECTION 12 – CONDUCT.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
! that violates any law or regulation;
! that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant GOPLAYR all of the license rights granted herein;
! that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
! that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
! that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
! that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
! that 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;
! that includes personal or identifying information about another person without that person's explicit consent;
! that impersonates any person or entity, including, but not limited to, an GOPLAYR employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
! deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
! that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
! that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
! that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website/Mobile App which are not designated for such purposes; or (2) e- mailed to GOPLAYR users who have requested not to be contacted about other services, products or commercial interests;
! that includes links to commercial services or Third Party Website/Mobile Apps, except as specifically allowed by GOPLAYR;
! that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
! that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
! that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
! that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
! contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website/Mobile App or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
! make any libellous or defamatory comments or postings to or against anyone;
! collect personal data about other users or entities for commercial or unlawful purposes;
! use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
! post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
! post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
! attempt to gain unauthorized access to computer systems owned or controlled by GOPLAYR or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website/Mobile App.
! use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of GOPLAYR's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
! use any automated device or software that enables the submission of automatic postings on GOPLAYR without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
SECTION 13 – ACCESS TO THE SERVICE
GOPLAYR grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by GOPLAYR or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a Website/Mobile App or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your Website/Mobile App, or create a hyperlink thereto, individual postings on the Service so long as such use is for non- commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your Website/Mobile App exceeds ninety nine (99) postings, your use will be considered to be in violation of these Terms, unless GOPLAYR expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Website/Mobile App so long as the link does not portray GOPLAYR, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. GOPLAYR may offer parts of the Service in RSS format for the purpose of embedding individual RSS feeds into a personal Website/Mobile App or blog, or view postings through third party software news aggregators. GOPLAYR permits you to display, excerpt from, and link to any such RSS feeds on your personal Website/Mobile App or personal blow, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title within an RSS feed is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, in a conspicuous manner, proper attribution to 'GOPLAYR' as the source of the RSS feed, (d) your use or display of the RSS feed does not suggest that GOPLAYR promotes or endorses any third party causes, opinions, ideas, Website/Mobile Apps, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden or otherwise slow the performance of GOPLAYR's systems. GOPLAYR reserves all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without notice. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from GOPLAYR.
SECTION 14 – NOTIFICATIONS OF CLAIMS OF INFRIGNMENTS.
GOPLAYR is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to GOPLAYR together with a request to GOPLAYR to delete the relevant Content in good faith. The notification and the request must contain the following information:
! A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
! Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
! Identification of the Content (by means of data or communication link, AD ID, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit GOPLAYR to locate the material;
! Information reasonably sufficient to permit GOPLAYR to contact you, such as an address, telephone number, and, if available, an electronic mail address;
! A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
! A signed statement that the intellectual property-owner hold GOPLAYR harmless from any claim of any third party in connection with the removing by GOPLAYR of the relevant content; and
! A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must be sent to GOPLAYR, a company incorporated under the Companies Act, 2013, having its registered office at E-2B, First Floor, MadhuVihar, New Delhi, India-11092 mail id provided here in below.
SECTION 15 – INTELLECTUAL PROPERTY RIGHTS.
You acknowledge and agree that the materials on the Website/Mobile App, other than the user Content that you licensed under Section 2(3) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GOPLAYR, and are subject to copyright and other intellectual property rights under Dutch laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Website/Mobile App may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to GOPLAYR. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Website/Mobile App are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GOPLAYR reserves all rights not expressly granted herein to the Website/Mobile App and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website/Mobile App for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website/Mobile App or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website/Mobile App or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website/Mobile App, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website/Mobile App, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. GOPLAYR is a service mark registered with the INDIAN Patent and Trademark Office,INDIA
SECTION 16 – INDEMENTY.
You agree to defend, indemnify and hold harmless GOPLAYR, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
(i) your use of and access to the Website/Mobile App and/or the Service;
(ii) your violation of any term of these Terms;
(iii) your violation of any third party right, including without limitation any copyright, trademark,trade secret or other property, or privacy right; or
(iv) any claim that your Content caused damage to a third party.
This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website/Mobile App.
SECTION 17 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 18 - COOKIES
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our Website/Mobile App in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better Website/Mobile App, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website/Mobile App.
SECTION 19 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at email@example.com or by mail at GOPLAYR.
Website/Mobile App Disclaimer
GOPLAYR DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE Website/Mobile App OR ANY LINKED SITES. GOPLAYR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON- INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND GOPLAYR DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. GOPLAYR ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
GOPLAYR SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND GOPLAYR SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.