Effective from [21st November 2022]

Terms Of Service
Welcome to GoPllay. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully.
The GoPllay websites, related mobile applications and services (collectively, the “Services”) are made available to you by Breathe Sports Pvt. Ltd. with its address at Flat No. 401, Grevelia, Nyati Estate, Mohammadwadi, Pune, Maharashtra – 411028, India, subject to these Terms of Service (the “Terms”) and in accordance with the GoPllay Privacy Policy (the “Privacy Policy”). More information about the Services may be found at www.gopllay.com You agree to comply with these Terms and any supplemental terms which GoPllay makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

More number of entries and/or photos/videos posted = higher chances of winning.

The GoPllay Services cannot be provided and the agreement described in these Terms of Service cannot be performed without GoPllay processing data about you, and other GoPllay members. Processing of the data you share with GoPllay, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

Registration And Accounts
The Services are intended solely for persons who are 18 years old or such higher age required in your country to use the Services. To use the Services, you must register. Further, if you are not of the authorised age and you access or use (“Usage”) GoPllay, please be aware that it shall be assumed and deemed that the Usage has been authorised by such person, who in legal capacity is recognized as your parent or guardian (the “Guardian”) and that such Guardian has supervised your Usage . The Guardian and not Gopllay shall be absolutely liable  and responsible for/ all any breach or violation of  the Terms and any damages or liabilities arising out of such Usage . You agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that GoPllay may use your User Data, including your club affiliations, activities, scores posted by You to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or GoPllay has reasonable grounds to suspect that such User Data is inaccurate or not current, GoPllay has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify GoPllay of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to GoPllay.

You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize GoPllay to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of such Services.
Payments
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by GoPllay) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you signed up through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by GoPllay, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please email us immediately at info@gopllay.com

MEMBER CONTENT AND CONDUCT
Content
You own the information, representations, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third-party API (e.g. a photograph submitted via Instagram). You grant us transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Services. Such Content will become GoPllay’s property and you grant GoPllay the worldwide, perpetual and transferable rights in such Content. GoPllay shall be entitled to, consistent with GoPllay’s Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with GoPllay’s Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
You understand that YOU, AND NOT GOPLLAY, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICES OR IN YOUR PRIVATE MESSAGES. GoPllay reserves the right, but has no obligation, to monitor the materials posted on GoPllay. GoPllay does not proactively and routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. GoPllay may, in its sole discretion, screen, monitor, modify, refuse or remove any Content, or remove any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions or is otherwise objectionable and GoPllay has the right to suspend or terminate your account and refuse current or future use of the Services on account of violation of Terms by you. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GoPllay be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any Content posted by another member or User or for any claims, damages or losses resulting from use of Content and/or appearance of Content on GoPllay. or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. In no event shall GoPllay assume or have any responsibility or liability for any Content posted by You or another User or for any claims, damages or losses resulting from use of Content and/or appearance of Content on GoPllay. You hereby represent and warrant that the content You publish on GoPllay shall not infringe any proprietary or other rights of GoPllay or any third parties or contain any false, libellous, tortious, or otherwise unlawful information. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through GoPllay, including payment and delivery of related products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. GoPllay shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on GoPllay. It is possible that other Users (including unauthorized Users or "hackers") may post or transmit offensive or obscene materials on GoPllay and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of GoPllay, and that the recipient may use such information to harass or injure You. GoPllay does not approve of such unauthorized uses, but by using GoPllay You acknowledge and agree that GoPllay is not responsible for the use of any personal information that You publicly disclose or share with others on GoPllay. Please carefully select the type of information that You publicly disclose or share with others on GoPllay.
GoPllay shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally.


You agree that GoPllay is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and GoPllay, any Content will be non-confidential and non- proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with GoPllay is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place GoPllay in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of GoPllay other than as set forth in the Privacy Policy, and GoPllay will not be liable for any use or disclosure of any Content you provide.
The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select Users of the Services. The User agrees that privacy of such Content in accordance with your elections to is secured by the technology and although Gopllay shall take all reasonable efforts, GOPLLAY SHALL NOT BE HELD LIABLE FOR any failure of technology in this regard.  However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made publicly available, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy settings.
Conduct
The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
i.Copying, framing or mirroring any part of the Services;
ii.Accessing the Services to monitor its availability, performance or functionality;
iii.Permitting any third party to access the Services;
iv.Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to GoPllay;
v.Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
vi.Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or
vii.engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of GoPllay internet protocol space;
viii.Avoiding payment of charges or fees payable by you with respect to the Services;
ix.Committing any act that may be harmful to minors;
x.Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
xi.Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to GoPllay than a human can reasonably produce in the same period of time by using a conventional web browser;
xii.Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
xiii.Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
xiv.Using the Services for any commercial solicitation purposes;
xv.Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
xvi.Submitting to the Services or to GoPllay any personally identifiable information, except as necessary for the establishment and operation of your account;
xvii.Submitting to the Services or to GoPllay any information that may be protected from disclosure by applicable law;
xviii.Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
xix.Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
xx.Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
xxi.Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Services’ servers or any data not intended for you.
You may share hyperlink to the Services provided such link does not portray GoPllay or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic ,nudity,  illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non- commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Interactions With Members
The Services function as a venue to connect members. As a neutral facilitator, GoPllay is not directly involved in the actual interactions between members of the Services. As a result, GoPllay has no control over the truth, accuracy, quality, legality, or safety of postings made by members of the Services. GoPllay shall have no responsibility to confirm the identity of members. GoPllay shall also have no responsibility to confirm or verify the qualifications, background, or abilities of members of the Services. You shall at all time exercise common sense and good judgment when dealing with any member of the Services. If you elect to use our features to inform your contacts about the Services, or share your information with others, GoPllay may require you to provide contact information. GoPllay may contact that friend via a email or text message. You represent that you are authorized to provide any third party contact information that you provide to GoPllay, that you are authorized to use such information to contact (including for GoPllay to contact on your behalf) the third party and that GoPllay may process it pursuant to the Privacy Policy.

Promotional Offers
From time to time, we may make special offers available to you including granting you promotional pricing and free trials of Services. You may not be eligible for some or all of the offers. These offers are not guaranteed and can be modified, extended, altered, or cancelled by GoPllay at any time without notice. Pricing of promotional offers for Services is considered GoPllay confidential information and you shall not share or disclose the terms of the promotion with a third party without the express written consent of GoPllay. We will explain the terms and conditions of these promotional offers at the time that we make these offers available to you. The Terms will still apply to any promotional offer you choose to participate in, except to the extent modified by the terms and conditions of the promotional offer.

Prizes
From time to time, we may offer Prizes(“Prize”) to you including event based Prizes. You may not be eligible for some or all of the Prizes. These Prizes are not guaranteed and can be modified, extended, altered, or cancelled by GoPllay at any time without notice. We will explain the terms and conditions of these Prizes at the time that we make opportunity of winning the Prize available to you. The Terms will still apply to any Prize event you choose to participate in, except to the extent modified by the terms and conditions of the promotional offer. The Prize will only be delivered to addresses within the region as specified by the terms and conditions and under no circumstances GoPllay is liable for the delivery of the Prize to the winner or participant.

Prizes are solely at the discretion of GoPllay, the organisers, and upto the specified amount only, the number of participants who win and final amounts may vary and subject the contest meeting minimum required thresholds as per GoPllay's expectations.

Contest in March 2023 has a minimum requirement of 20,000 downloads by users and contest participation of at least 50% of this number. Failing this, GoPllay reserves the right to cancel, and/or reduce the total prizes or vouchers that they might giveaway to the lucky participants.


Third Parties
Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with GoPllay. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT GOPLLAY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.YOU AGREE THAT GOPLLAY IS NOT RESPONSIBLE FOR ANY REPRESENTATIONS, CONTENT , INFORMATION, ADVERTISING, SERVICES, PRODUCTS OR OTHER MATERIALS PROVIDED OR DEEMED TO  BE PROVIDED FROM  ANY THIRD PARTY
GoPllay or third parties may provide links to other internet sites or resources through the Services. GoPllay does not endorse and is not responsible or liable for any content, representation, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that GoPllay is not responsible for the availability of such external sites or resources.
If at any time a Prize or Promotional Offer is supplied or offered through GoPllay by a Third party the Prize will be awarded to the winner(s) subject to the relevant Third party’s terms and conditions (if any). GoPllay does not guarantee for or endorse any Prize, including Prize supplied by a Third Party nor does it endorse the Third Party supplier. The Prize will only be delivered to addresses within the region as specified by the Third Parties and under no circumstances GoPllay is liable for the delivery of the Prize to the winner or participant.  Participant’s entitlement to win any Prize shall be completely dependent upon the sole discretion of GoPllay . Any decision made by GoPllay in this regards shall be final and undisputable.

Electronic Communications
The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other members and/or GoPllay. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which GoPllay provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by GoPllay (unless expressly stated otherwise by GoPllay) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by GoPllay in any manner, though GoPllay reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Proprietary Rights
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by GoPllay or applicable third-party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
GoPllay grants you a personal, revocable, non-transferable, non-sub-licensable and non- exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by GoPllay.
The term GOPLLAY, the GoPllay logo and other GoPllay logos and product and service names are the exclusive trademarks of, and are owned by, Breathe Sports Pvt. Ltd., and you may not use or display such trademarks in any manner without GoPllayʼs prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.
GoPllay reserves all rights not expressly granted hereunder.

Claims Of Infringement
If you believe in good faith that materials hosted by GoPllay infringe your copyright or trademark rights, you (or your agent) may inform us of such alleged infringement at info@gopllay.com with supporting evidence and request that the material be removed, or access to it blocked. GoPllay reserves the sole right to determines whether the materials alleged to infringe your copyright or trademark rights require removal or not.
info@gopllay.com
Flat No. 401, Grevelia, Nyati Estate, Mohammadwadi, Pune, Maharashtra – 411028, India

User Feedback
GoPllay welcomes your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to GoPllay a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send GoPllay any Feedback that you do not wish to license to us as set forth above.

Disclaimer of Warranties and Liability
The information, software, products, services and content available through the services are provided to you “as is” and without warranty. Gopllay and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement. Gopllay and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the service will meet your requirements; (b) your content will be available or the service will be uninterrupted, timely, secure or error- free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.

You expressly agree that Gopllay itself is not providing medical advice via the services. The content provided through the services, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your doctor or other medical professionals, (b) a visit, call or consultation with your doctor or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any health related questions, please call or see your doctor or other healthcare provider promptly. Should you have an emergency, immediately call 112 or 100, or  the respective Emergency Number(s) of the country you are in at that instance. You should never disregard medical advice or delay in seeking medical advice because of any content presented on the services, and you should not use the services or any content on the services for diagnosing or treating a health problem. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and GoPllay.

You expressly agree that all sports and sports activities  carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume and take absolute responsibility of all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Gopllay or by the action, inaction or negligence of others.
You expressly agree that Gopllay does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, challenge, or group activity that utilizes the services, including any that are organized by a club administrator.
You expressly agree to release Gopllay, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “Released Parties”) from any and all liability in connection with your sports activities and/or use of the Gopllay websites, mobile applications, content, services or products (including, without limitation, any gopllay training plan), and agree not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event shall the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the services, (b) your use or misuse of equipment or programs created or licensed by Gopllay (including, without limitation, any Gopllay training plan) while engaged in sports activities, (c) your dealings with third-party service providers or advertisers available through the services, (d) any delay or inability to use the services experienced by you, or (e) any information, software, products, services or content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if Gopllay has been advised of the possibility of damages.
Gopllay does not endorse your content or any other memberʼs content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content on the services.
Under all events, GoPllay’s maximum aggregate liability to you pursuant to these terms shall be upon the sole discretion of GoPllay and shall not exceed the greater of either (a) rupees thousand (INR1000) or (b) the amount of fees paid by you to GoPllay in the 1(one)-months prior to date the claim, whichever is lower.

INDEMNITY
You agree to indemnify and hold GoPllay and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneysʼ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your sports activities which generate the Content you post or seek to post on the Services (including, but not limited to, sports activities in connection with any event, including contests, races, team participations, or other events which GoPllay sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity.

DISPUTE RESOLUTION
ARBITRATION
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the GoPllayʼs intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitratorʼs award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You and GoPllay hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another personʼs account, if GoPllay is a party to the proceeding.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
Class-Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action.

Termination
You agree that GoPllay may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services, (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in GoPllayʼs sole discretion and that GoPllay shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Member Content Submitted to the Services, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Applicable Laws and General.
General
a.You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and GoPllay as a result of the Terms or your use of the Services.
b.The Terms constitute the entire agreement between you and GoPllay with respect to your use of the Services.
c.The failure of GoPllay to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
d.If any provision of the Terms 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 partiesʼ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
e.You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of GoPllay. GoPllay has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfil its duties and obligations under these Terms and in connection with the Services. GoPllayʼs notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms.
f.A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
g.Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification Of The Terms And Services
Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. GoPllay reserves the right to update the Terms at any time and for any reason in its sole discretion. You are solely responsible for keeping yourself updated of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have carried out a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
GoPllay and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. GoPllay reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that GoPllay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Support
We will respond to any questions regarding the Services and these Terms via info@gopllay.com.
The response and response time may vary based upon circumstances.