The Website is provided by Gamepark Private Limited, a company incorporated under the laws of India with CIN 27AAICG4846P1ZV with its registered office at 617/A, Pancharatna,Opera House, Mumbai 400004 ( “Company” ). In these Terms of Use, the term “User” refers to you, the Person or entity using the Website. It is clarified that in case of a company, partnership, trust or any other legal entity which uses or accesses the services of the Company, “User” shall include such company, partnership, trust or any other legal entity.
Please note that by use of the Website, the User also agree to be bound by the additional terms and conditions and policies referenced here in and/or available by hyperlink, including without limitation Company’s Privacy Policy, other policies of Company.
These Terms of Use apply to all users of the Website, platform and any services provided by Company, except as may be specifically agreed otherwise in writing.
Please read these Terms of Use carefully before accessing or using the Website. By accessing or using any part of the Website, the User agrees to be bound by these Terms of Use. If the User does not agree to all the Terms of Use of this agreement, then the User may not access the Website.
Any new feature or tools added by the Company to the Website, unless specifically state do the wise, be subject to these Terms of Use. The User can review the most current version ofthe Terms of Use at any time on this page. Company reserves the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to Company’s application, website or platform. It is the User’s responsibility to check this page periodically for changes. Following the posting of any changes, the User’s continued use of or access to the website, application or platform or the use of the services from Company, constitutes acceptance of such revised Terms of Service.
These Terms of Use refer to, incorporate, and include the privacy policy of Company which sets out the terms on which Company process any personal data we collect from the User, orthat the User provides to Company. By using the Website, the User consent to such processing and the User warrants that all data provided by the User is accurate.
Capitalized terms, not defined elsewhere in these Terms of Use, shall mean as follows:
“Applicable Laws” means all applicable:
(i) Statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction
(ii) Administrative interpretation, write, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange
(iii) International tax treaties, as may be in force from time to time; “Governmental Authority” means any Indian or
non-Indian court of competence, arbitraltribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange
“Intellectual Property Rights” means:
(a) Patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright ( including right in computer software ) and moral rights, database rights, semiconductor typography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in know how and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world
(b) Rights under licenses, consents, order or statutes or otherwise in relation to a right under paragraph (a)
(c) Rights of the same or similar effect or nature as or to those under paragraph (a) and (b)which now or in the future may subsist
(d) The right to sue for past infringements or any of the foregoing rights.
“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership ( whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision there of or any other entity that may be treated as a person under applicable law
“Website” means the website operated by Company
The Company may revise these Terms of Use at any time by amending this page. The User must check this page from time to time to take notice of any changes made to these Terms, as they are binding on the User.
The Company may, without prior notice, change the services of the Company; add or remove functionalities or features; stop providing such services or any features of it, to the Users ( specifically and generally ); or create usage limits for such services.
Continued use of the services of the Company following the posting of changes willbe deemed as acceptance of such revision/amendment by the User.
The User agrees that the User shall be bound by this Terms of Use by accessing the Website. If the User does not accept these Terms of Use, the User will not be able to avail the services of the Company.
The User shall ensure that there are proper encryption and security measures at its respective desktop, mobile device or other device used to access the Website to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information.
The User agrees that the User shall not use the Website in any manner inconsistent with the Terms of Use, or in breach of Applicable Laws.
The User confirms that the User is duly authorized to provide the information the Website and the Company shall be entitled to rely on the same.
Where the User is uploading the data or information of any minors, the User confirms that the User is authorized under Applicable Laws to provide such information and the User and its institution shall defend, indemnify and hold harmless the Company against all claims relating to the provision of such information.
Without limiting the foregoing, the User agrees that the User shall not use the Website to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
(a) Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnicallyobjectionable, disparaging, relating or encouraging money laundering or gambling, orotherwise unlawful in any manner whatsoever;
(b) Infringes any patent, trademark, copyright or other proprietary rights;
(c) Contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person's computer, its web-sites,any software or hardware, or telecommunications equipment;
(d) Advertises or offers to sell any goods or services for any commercial purpose;
(e) Is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
(f) Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
(g) Violates any law for the time being in force;
(h) Belongs to another Person to which the User does not have any right to;
(i) Interferes with or disrupts the Website or the Company or any other person’s websites,servers, or networks;
(j) Impersonate any other person;
(k) Harms minors in any way;
(l) Forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate the User’s presence on itswebsites;
(m) Engages in any illegal activities;
(n) Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a Person, entity or agency for financial gain or to cause any injury to anyPerson;
(o) Defame the Company and its employees, officers, directors, agents, partners, Coachesand service providers, including without limitation, by posting any defamatory content on anysocial media;
(p) 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 recognizable offence, or prevents the investigation of any offence or insults any other nation.
The Company reserves the right to suspend/discontinue the Website to the User and/ or to severe its relationship with the User, at any time, for any cause, including, but not limited, to the following:
(a) For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Use;
(b) For any suspected discrepancy in the particular(s), documentation or information provided by the User;
(c) To combat potential fraud, sabotage, willful destruction, for any other force majeure reasons etc.;
(d) If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
(e) If the same is due to any transmission deficiencies caused by typographical and geographical constraints/limitations;(f) If the User indulges in any abusive or aggressive or threatening behaviour or any actor any intimidation or harassment of any kind ( be it verbal or physical or written ) against any employee / representative / agent of the Company or any other User; and
(g) If the Company believes, in its reasonable opinion, that cessation/ suspension is necessary.
The Company is not responsible if information made available on the Website is not accurate, complete or current. The information provided is the general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information. Any reliance on the information mentioned on the Website is at the User’s own risk.
No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, is given in conjunction with any data/content. While the Company may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its Website, the Company does not warrant that the Website or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that the Website is free from any computer virus or other malicious, destructive or corrupting code, agent,program or macros. The Company provides the Website an “as is”, “where is”, “with all faults” basis.
The Company may provide the User with access to third-party tools, services, and certain content which the Company neither monitors nor has any control over. Third-party links on the Website may direct the User to third-party websites that are not affiliated with the Company.
The User acknowledges and agrees that the Company provides access to such links, websites, tools, and services “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without any endorsement. The Company does not warrant and will not have any liability or responsibility for any third-party materials or websites.
The Company shall have no liability whatsoever arising from or relating to the User’s use of third-party tools and services. The User is requested to review the third party’s policies and practices carefully and ensure that they understand them. Complaints, concerns, or questions regarding third-party products should be directed to the respective third party.
The User will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User shall not attempt to gain unauthorised access to the Website and the server. By breaching this provision, the User would commit a criminal offence under the Information Technology Act, 2000. The Company will report any such breach to the relevant law enforcement authorities and the Company will cooperate with such Governmental Authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Website will cease immediately.
The Company will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial.
The User’s submission of personal information through registration is governed by the Company’s Privacy Policy.
All Intellectual Property Rights belong to the Company or the applicable third-party owner of such rights. Nothing in these Terms of Use shall operate to transfer any Intellectual Property Rights. The Company retains ownership of all right, title to, and interest in any andall Intellectual Property Rights developed, owned, licensed or created by the Company.
The User shall not claim any rights or interest in the Intellectual Property Rights ofthe Company.
The User shall not claim any rights or interest in the Intellectual Property Rights ofthe Company or its partners, or in connection with any other services, features or product offered by the Company to the User, including without limitation, services of the Company. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of the Company ( including withoutlimitation any Intellectual Property Rights licensed to the Company by any other Person ) ( collectively, “IP Property” ), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling and reverse engineering include, without limitation:
(a) Converting the IP Property from a machine-readable form into a human-readableform;
(b) Disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation there of;
(c) Examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation there of by, for example, studyingthe IP Property’s behaviour in response to a variety of inputs;
(d) Performing any other activity related to the IP Property that could be construed to bereverse engineering, disassembling, or decompiling; or
(e) Making any alteration or change to the IP Property without the express prior written consent of the Company
These Terms of Use will be governed by the laws of the India without any application of conflict of laws principles.
In case of any differences, disputes or disagreements between the User and the Company (“Dispute”), the User and the Company shall attempt to amicable resolve such dispute within 30 days from the date on which such Dispute arose.
In case the User and the Company are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute may, at the option of the User or the Company, be referred to arbitration by a sole arbitrator appointed by the Company. These at of arbitration shall be New Delhi and the language of arbitration shall be English. The award of the sole arbitrator shall be final and binding on the User and the Company.
For the purposes of this Terms of Use, the term “Confidential Information” shall mean and include all tangible and intangible information obtained, developed or disclosed or accessed including all documents, data papers and statements and trade secret of the User relating to its business practices and considered to be confidential and proprietary information. The Company shall strictly safeguard the Confidential Information and shall take all the necessary action to protect it against misuse. The Company shall be entitled to disclose the Confidential Information where:
(a) Where such Confidential Information is in or enters the public domain without the Company’s default;
(b) Where such Confidential Information is known to the Company at the time of first receipt, or there after becomes known to the Company prior to such disclosure without similar restrictions from a source other than the User, as evidenced by written records;
(c) Where such Confidential Information is disclosed to employees, consultants, auditors, advisors and shareholders of the Party who are under a duty of confidentiality, or pursuant toApplicable Law or order of any Governmental Authority;
(d) Where such Confidential Information is required to be disclosed to partners of the Company for the provision of Services ( including, without limitation, any services to be provided by the partners ).
In case the User comes into possession of any Confidential Information of the Company the User shall safeguard the same and shall not disclose such Confidential Information without the prior written consent of the Company
Questions about these Terms of Use should be sent to the Company to Mr./Miss /Mrs. Aneesha Jiandani. Any notices to the Company in connection with the registrationprocess or these Terms of Use must be sent to the details given below:
people@padelpark.in
Notice shall be sent to the contact address set forth here ( as such may be changed by notice given to the other party ), and shall be deemed delivered as of the date of actual receipt.
The Company may give telephonic notice to the User by calls to appropriate numbers,by messaging to the telephone number, or by an email to the email address of the User available on record with the Company.
The User agrees that in case there are any changes in any information provided by the User to the Company, including the User’s phone number, e-mail address and other contact details, the User will have to bring it in the notice of the Company. If the Company sends any communication by e-mail or to the User’s phone number, it shall be sent to the User’s e-mail address or phone number available on the records by the User at the time of registration and itshall be deemed to have been received by the User once it is reflected as sent in the outbox ofthe e-mail id or at the time of dispatch of the message
The rights and remedies of the Company provided in this Terms of Use are not exclusive, butare cumulative upon all other rights and remedies to the full extent allowed by law.
These Terms of Use constitutes the entire agreement between the Company and the User pertaining to the subject matter here of and supersedes in their entirety all written or oral agreements between the Company and the User.