Welcome to Get Out and Play India! The terms and conditions contained in this document (the “Terms”) shall govern your use, access of and/or availing any services from the Get Out and Play India website (the “Website”) which is owned by Get Out and Play India (“GOAPI”) located at Lavender 1004, Spring Valley, Near Magarpatta city, Hadapsar, Pune 411013, Maharashtra. Hereinafter, the term “you”, “your/s” shall be used to reference you as the user of the Website (either in the capacity of a Parent/Guardian or Coach/Trainer) and “we”, “us”, “our/s” shall reference GOAPI.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING TO BROWSE THE WEBSITE. YOUR USE/ACCESS/REGISTRATION SHALL SIGNIFY ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOU SHALL BE LEGALLY BOUND BY THE SAME.
If you feel that at any point you will not be able to/are not comfortable with adhering to these Terms, please stop using the Website. You understand that GOAPI reserves the sole and exclusive right to change or revise these Terms at any time by posting any changes or revised Terms on the Website. By continuing to use/access the Website, you agree to be bound by the modified Terms. GOAPI encourages you to regularly visit the Website to understand the latest updated Terms.
GOAPI provides sports and recreational activities to children within their residential premises. You can register and create an account on the Website (“Your Account”) by providing the requisite details (Please see Privacy Policy ). You can register as either as a Parent/Guardian or a Coach/Trainer.
After your registration, unique login and password will be provided to you which shall be used to browse through the events, register and make payments. Your Account can be further used by you to enrol more children, view and enrol for future events and you can also see and edit your account information.
After your registration as a Coach/Trainer by providing details such as name contact, skills, certifications, rewards and recognition, preferred location for work and preferred time-slot, a unique login id and password will be provided to you. The information provided by you will be verified. If the verification is successful, you shall receive notifications from our web page on upcoming events. If the verification process is unsuccessful, you will not be eligible to become a Coach/Trainer for GOAPI. Once verified, your association with GOAPI shall be governed by the “Association Agreement” containing the strict code of conduct policy which you will have to absolutely adhere to.
You may choose to accept or reject to participate in the event. Once accepted, you will become eligible to receive payments after the event is completed in lieu of invoices generated from the Website.
As a prerequisite for using the Website, you agree to the following –
You agree and understand that in case that you are dissatisfied with the services or have any feedback, complaint or grievance, you shall NOT post any defamatory or derogatory content or content that potentially damages the reputation of GOAPI or our activities/events on any social media platforms including but not limited to Facebook, Instagram, Snapchat, LinkedIn, etc. If you have any grievances or complaints or feedback, you are encouraged to contact the Grievance officer and follow the proper procedure. You further agree and understand that if you violate this clause, GOAPI shall have the right to take strict action against you including availing the appropriate legal remedies.
As some information appearing on the Website is provided by third parties, GOAPI shall have no liability in respect of any loss or damage arising from third party information which appears on the Website including the manner in which the information is displayed or information which may be –
You agree and acknowledge that GOAPI owns all legal rights, titles and interests in and to the Website and services including any intellectual property rights which subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). These rights shall include, but not be limited to, art work, innovative technique based on art, know how, records, procedures, brands, trademarks, copyright, computer programme, circuit lay-outs, patents, designs, business names, trade secrets etc. You agree not to share, publish or use in any manner without obtaining prior written permission of GOAPI. Any infringement as to the aforementioned rights will be dealt with severe consequences including strict legal action
Certain proprietary or sensitive information might have been disclosed to you, due to your use/access of the Website. You agree to keep in confidence and not to disclose/use for your own benefit or for the benefit of any third party (except as may be required for the performance of services under these Terms or as may be required by law), any Confidential Information, documents, or materials that are specified/marked as or are reasonably considered confidential regarding the Website, services and operation of GOAPI. You will take such reasonable care to protect the information as if it were your own property.
You agree to indemnify, defend and hold harmless GOAPI from and against all actions, claims, judgments, costs, damages and liabilities whatsoever, and legal fees, including without limitation third party claims, all costs, charges, expenses, losses and damages incurred or suffered or caused to or sustained by GOAPI by reason of –
GOAPI has the right to limit or end your activity, warn users for their actions and/or temporarily/indefinitely suspend or terminate the User’s account, without prejudice to the remedies available under applicable law and this Terms and Conditions, if –
GOAPI cannot be held responsible for any cancellation of activities/events arising out of any Force Majeure circumstance including but not limited to floods, terrorism related activities, pandemic, storm, earthquake, and political unrest. In such event, the decision whether to issue refunds or to reschedule the event/activity shall be at the sole discretion of GOAPI and shall be communicated to you via appropriate channels.
These Terms shall be governed in accordance with the laws of India.
In case of any claims/disputes arising out of or in relation to these Terms, Privacy Policy , the Website or any transactions effected between GOAPI and the user shall be settled by the relevant provisions of and the procedure prescribed by the Information Technology Act, 2000. Any and all disputes in respect of which the Adjudicating Officer under the Information Technology Act, 2000 or the Cyber Appellate Tribunal, as the case may be, do not have exclusive jurisdiction, shall be referred to Arbitration.
In case of arbitration, the proceedings will take place according to the provisions of the Arbitration & Conciliation Act, 1996. The venue for arbitration will be Pune, Maharashtra and the preferred medium for arbitration will be English. A sole Arbitrator shall be appointed upon mutual agreement between the parties for the proceedings. The cost of arbitration shall be borne equally by both parties.
These Terms are to be read along with the Privacy Policy.
Notice – All notices with respect to the Terms from GOAPI will be served to you via email or by general notification on the Website. Any notice pursuant to the Terms should be sent to Grievance Officer at …………………………………….
Severability – If for any reason, a court of competent jurisdiction finds any provision of the Terms and/or Privacy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and/or Privacy Policy shall continue in full force and effect. GOAPI may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of the Terms and/or Privacy Policy.
Waiver – Any failure or delay by a party to enforce or exercise any provision of the Terms and Privacy Policy, or any related right, shall not constitute a waiver by such party of that provision or right. The Exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under this Terms and Conditions or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Grievance Officer – In compliance with the Information Technology Act, 2000 and the Rules made thereunder, the Grievance Officer of GOAPI for the purpose of this Terms and Conditions shall be – ……………………………………….
Help – If you need any clarifications regarding these Terms, please write to us at –
ALL RIGHTS NOT EXPRESSLY GRANTED HEREINABOVE ARE RESERVED