TERMS AND CONDITIONS

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. 

General

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.

For Parent/Guardian

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.

For Coach/Trainer

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. 

Use of Website

As a prerequisite for using the Website, you agree to the following –

  1. You will solely use this Website or any of our services in accordance with these Terms and the Privacy Policy.
  2. You will strictly adhere to and not violate in any manner these Terms and Privacy Policy of the Website.
  3. You will use this Website only to make only legitimate enrollments for your ward or another person on behalf of whom you are legally authorized to act.
  4. You will be solely responsible for the information that is provided by you.
  5. You will only provide true, accurate, current and complete information while accessing this Website.
  6. You will NOT share your login credentials with any other person and will solely be responsible for any loss, damage or inconvenience caused due to the misuse of your User Account.
  7. You acknowledge that this website is for your personal use only. You further acknowledge that this Website shall not be used for any unlawful or illegal activity.
  8. User also acknowledges that he/she will refrain from obtaining or attempting to obtain any information available on its Website.
  9. You further acknowledge that you shall not copy, license, distribute, exchange, modify, sell or transmit any content from this Website, including but not limited to any text, images, audio, video or links for any business, commercial or public purpose.
  10. You shall NOT use the Website if you are a competitor of ours and/or if we have previously banned you from the Website and/or we have closed your account and/or if you are using/planning to use our Website and services, directly or indirectly, for any illegal activity, and
  11. You shall NOT attempt to reverse engineer any portion of the Website or attempt disrupts the functioning/services of the Website in any manner.

Social Media Clause

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.

Disclaimer of Warranties/Limitation of Liability

  1. We have taken every possible measure to ensure that the information shown on this Website is true and accurate. However, GOAPI neither warrants nor makes any representation regarding the quality, accuracy or completeness of any data or information.
  2. We do not endorse any advertiser on the Website in any manner. You are requested to check for the accuracy of all such information mentioned on the advertisement on your own before booking such services/products.
  3. We shall not be liable for any direct, indirect, punitive, incidental, consequential damages or any other damages resulting from:
    • The use or the inability to use the services.
    • The cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received, or transactions entered into through the services.
    • Unauthorized access to or alteration of your transmissions or data.
    • Any other matter in relation to the services including but not limited to damages for loss of use, data or profits, arising out of or in any way connected with availing services from GOAPI, and
    • We shall also be not responsible for the non-availability of the Website for any reason.

Payment

  1. Users are required to use the payment gateway on the Website to pay to GOAPI based bank accounts only. GOAPI is not responsible and is not liable to recover or pay for payments made to any other bank account, individual person accounts or through any other sources.
  2. If a payment is made and the same is not reflected in GOAPI bank accounts, you are required to raise this with your respective banks to clear the same. GOAPI reserves the right to not provide or withhold any such services for which the payment is not received in GOAPI bank account.
  3. You agree and understand that once an enrollment/booking is made by you for any event, NO refunds will be provided to you for failure to attend or participate in the activities for any reason whatsoever.
  4. You agree and understand that in case of events/activities are canceled by us, we will communicate whether you will be provided a refund or the event will be rescheduled. You understand that the final decision whether to issue a refund or reschedule the event will solely be at the discretion of GOAPI.
  5. Registrations once made shall not be cancelled.  

Third Party Information on the Website

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 –

  1. Out of date;
  2. Inaccurate;
  3. Duplicate; and
  4. Impersonation by a person to be another person

Intellectual Property

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

Confidential Information

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.

Indemnity

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 –

  1. your access to or use of the Website;
  2. your breach, non-observance, non-performance and/or violation of these Terms;
  3. any services purchased or obtained by you in connection with the Sites;
  4. any claims occurring on account of misconduct, negligence, wrongful acts of omission or commission, misuse of systems or failure to follow the established procedures by you and/or anyone acting on your behalf; and
  5. The infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity.

Consequences of Breach of Terms

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 –

  1. You are in breach of these Terms;
  2. We are unable to verify any of the information provided by you;
  3. GOAPI believes that your action may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for you, other users of the Website and/or GOAPI; and
  4. We hold the sole and absolute right to reinstate suspended users.

Force Majeure

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. 

Governing Law

These Terms shall be governed in accordance with the laws of India.

Dispute Resolution

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.

Privacy Policy

These Terms are to be read along with the Privacy Policy.

General Provisions

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

Get Out & Play India

  • +91 8484012658
  • info@getoutandplayindia.com
We have ensured that all due care and appropriate measures have been taken in order to ensure that all the information contained on our website is true, correct and free of errors. However, the content may contain inaccuracies or typographical errors which we endeavour to resolve from time to time. Neither the website nor Get Out and Play India makes any representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our website or the content on it. We make changes to our website periodically and at any time. We disclaim all liabilities arising out of or in relation to the failure/inability of a user to stay updated with such modified/updated/amended terms of our website.
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