This website https://playfor.in/ (“Website”) is an initiative of the non-profit GoSports Foundation and the law firm LawNK along with partner organisations and individuals, and is part of a network of people and organisations forming part of the global #PlayForLives initiative. This Website is owned and operated by GoSports Foundation (for the purpose of these Terms, “PFI”). The Website seeks to provide a platform for promoting, supporting and facilitating sporting causes throughout India, including by serving as a platform to connect athletes, sports fans, and organisations with curated philanthropic causes (each a “Cause”) for volunteering or donation. The terms ‘PFI’ or ‘us’ or ‘we’ refer to the owners of the Website. The term ‘User’ or ‘you’ refers to the user or viewer of our Website.
These Terms were last modified on Saturday, May 30th, 2020.
- In general, you can visit, access and browse our website without revealing your identity or any personal information about yourself. However, you will be eligible to utilise certain Services (such as, but not limited to, submitting, registering and running a Cause) on the Website only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above 18 (eighteen) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject.
- As a minor if you wish to use Services on the Website, such use shall be made available to you by your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes any restricted Services on the Website, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. PFI will not be responsible for any consequence that arises as a result of misuse of any kind of the Website or the Services that may occur by virtue of any person including a minor registering for the above. PFI reserves the right to refuse to provide access to the restricted sections of the Website and the Services, if it is discovered that the User is under the age of 18 (eighteen) years and the consent to use the Website and services has not been provided by the parent/legal guardian of the minor or any information provided by the User is inaccurate. You acknowledge that PFI does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria.
SUBMITTING AND REGISTERING A CAUSE
- If you are interested in submitting a cause for listing on the Website, you will be required to complete the relevant application form available here. Please note that financial/donation Causes are limited to the field of sport, and thus you must ensure that any financial/donation cause that you submit focusses on those who need assistance in the sports industry. While volunteering Causes may be from outside the sports ecosystem, PFI reserves the right to determine if the volunteering cause proposed by you is suitable for listing on the Website.
- When you choose to register a cause, you will be required to provide such information as set out in the relevant application form, including but not limited to, the name of your cause, a brief description of your cause and cause champions (if any), type of organisation, the intended beneficiaries, the target amount of funds (in case of a financial/donation cause), intended volunteers (in case of a volunteering cause), as well as information about yourself, including your name, email address, contact number and address. You may also be required to submit such additional information and documentation, to facilitate the registration of your cause, including but not limited to, your PAN Card and/or such other photo-identity proof as requested by us, proof of registration/incorporation (in case of an organisation), 80G certificate (in case you are recognised as a charity under the Income Tax Act, 1961), and additional information about your organisation/activities.
- You agree to submit, provide and maintain true, accurate, current and complete information and documentation about yourself as prompted by the relevant application form and/or as otherwise requested by PFI. Further, you agree to notify PFI in case of any change in the information submitted, and that you will update and keep such information current.
- You acknowledge and agree that any cause you submit to PFI shall be registered as a Cause on the Website at PFI’s sole and absolute discretion. With respect to financial/donation causes, you agree that all financial donations will be first received by PFI and will be disbursed to you net of applicable payment gateway charges and administrative costs.
- When registering and running a Cause, you represent, warrant and covenant that: (a) all information you provide in connection with a Cause is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; (b) all donations contributed to your Cause will be used solely for the purpose as described in the materials that you provide to us and post on the Website; and (c) you will comply with all relevant local, state, and central laws applicable to you when you solicit funds, seek volunteers, including laws relating to your marketing and solicitation for your Cause, as well as the activities to be undertaken for your Cause. We reserve the right to provide information relating to your Cause with donors and beneficiaries of your Cause, and with law enforcement or to assist in any investigation.
- You acknowledge that we will not be responsible in any way whatsoever on the amount of contributions received, the number of volunteers received, and/or if you fail to achieve a target amount of donations/funds. It will be your sole responsibility to address any query on objection, from a donor, in regards to utilisation of funds, as well as from a volunteer in relation to your Cause and its activities.
- You acknowledge and agree that your registration and running of a Cause on the Website may be subject to such additional guidelines and terms and conditions as issued by PFI from time to time, or as may be specifically applicable to the nature of your Cause and notified by PFI to you. You agree to comply with such additional guidelines and terms, which shall be deemed to be incorporated into these Terms, and any failure by you to comply with these Terms may result in the suspension and/or termination of your Cause on the Website.
VOLUNTEERING FOR A CAUSE
- Causes which seek volunteers may specify certain eligibility criteria and conditions for the volunteers. If you are interested in volunteering for a Cause, please make sure that you meet and fulfil the relevant eligibility criteria listed for such Cause.
- When you seek to enrol as a volunteer for a Cause, PFI and the relevant organisation running the Cause, may seek certain information from you, including but not limited to your name, age, email address, residential address, photo-identification proof and any other information and documentation as may be required for that specific Cause.
- You agree to submit, provide and maintain true, accurate, current and complete information and documentation about yourself as requested while enrolling for the volunteering Cause and/or as otherwise requested by PFI and the organisation running the Cause. Further, you agree to notify PFI in case of any change in the information submitted, and that you will update and keep such information current.
- Your participation as a volunteer for a Cause may be subject to such additional guidelines and terms and conditions as issued by the PFI and the relevant Cause, from time to time. You agree to comply with such additional guidelines and terms, which shall be deemed to be incorporated into these Terms, and any failure by you to comply with these Terms may result in the suspension and/or termination of your volunteering activity with a Cause.
- You acknowledge that volunteering for a Cause is entirely of your own volition and at your own risk. We therefore recommend that you carefully go through the eligibility criteria for each volunteering Cause to ensure that you meet such criteria, and that you seek information on the specific roles and responsibilities sought from volunteers under a relevant Cause.
- It is your sole responsibility to ensure that you meet the aforementioned User Eligibility requirements.
- It is your sole responsibility to ensure that the information provided by you to PFI is accurate, complete and latest.
- Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the Website.
- PFI shall not be held liable if any e-mail/SMS remains unread by you as a result of such e-mail getting delivered to your junk or spam folder.
All materials, including all information, content, material, logos, illustrations, statements, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) contained in the Website are protected by copyrights, trademarks and other intellectual property rights that are owned by PFI or by other parties that have licensed their material to PFI. Except for the limited license for the Content granted to you herein solely for your personal, non-commercial use, you may not copy, download, reproduce, republish, upload, post, transmit, distribute, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Website or any related material without obtaining prior written permission from PFI, or otherwise modify, obscure or delete any copyright or other propriety notices on this Website. No right, title or interest in any Content, if applicable, on this Website is transferred to you from your use of this Website. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.
Your use of our Website is solely for your personal, non-commercial and non-profit use. In addition to the aforementioned restrictions on the usage of Content, Users shall not:
- Decompile, reverse engineer, or disassemble the contents of the Website, or tamper or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website.
- Use our Website for commercial purposes of any kind;
- Aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for access to the Website;
- Use the Website in any way that is unlawful, fraudulent or dishonest, or harms PFI or any other person or entity, as determined by PFI;
- Access or use the Website in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
- Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to the Website, Content, systems resources, or gain unauthorized access to User information, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
- Make available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Stalk, intimidate and/or harass another and/or incite others to commit violence;
- Transmit material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- Advertise, offer or sell any services or products for any commercial purpose on the Website without the express written consent of PFI;
- Interfere with any other person’s use or enjoyment of the Website;
- Make, use, display, transmit or store electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
- Make available any content or material that you do not have a right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
- Interfere with, or inhibit any User from using and enjoying access to the Website, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website; and
- Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the exclusionary protocols, navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website.
DISCLAIMER OF WARRANTIES
- This Website and the Content herein is provided by PFI in good faith on an “as is”, “as available” basis and PFI hereby disclaims the following representations and warranties:
- PFI makes no representations or warranties of any kind, express or implied, as to the operation of this Website, the information, the Content or materials herein or hereon;
- To the extent as permitted under applicable law, PFI disclaims all responsibility (whether direct, indirect, consequential or otherwise) with respect to the accuracy or otherwise of the information, Content, Causes, materials or products arising from the use of this Website;
- PFI, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of fitness for particular purpose and non-infringement;
- PFI makes no warranties about the availability, quality, accuracy, reliability, completeness, performance, timeliness of any Content that you obtain through the Website;
- PFI makes no warranties that a Cause or a Cause partner will obtain a certain amount of volunteers or donations and further, make no guarantee, explicit or implied, that any information provided through the Services by a User is accurate;
- PFI does not guarantee that 100% of the time, the donations made on the Website will be used in accordance with any fundraising purpose prescribed in a Cause or by a Cause partner, despite PFI’s Cause verification process and effort towards financial transparency. PFI does not have any responsibility to verify whether the donations are used in accordance with any applicable laws, and such responsibility rests solely with the relevant Cause partner/organiser. Users, as donors, must make the final determination as to the value and appropriateness of contributing to any Cause. Users may write to PFI for any clarification, and PFI shall make its best effort to share the information supplied by the Cause partner/organiser and held by PFI;
- PFI does not warrant that this Website, information, Content or materials included on or otherwise made available to you through this Website, the servers hosting the Website, or electronic communication sent from PFI are free of viruses or other harmful components;
- PFI utilises safeguards and industry best practices to protect the Website from hackers, sniffers and malicious modification tools, however, it does not warrant that the Website shall be completely safe from such attacks at any period of time;
- PFI adopts the best industry standard to secure the information as provided by you. However, PFI cannot guarantee that there will never be any security breach of its systems which may have an impact on the information provided by you; and
- PFI does not warrant that this Website, information, Content or materials included on or otherwise made available to you through this Website shall be compatible with all devices/tablets/instruments/hardware. PFI shall not be obligated to provide access to its Website for any instruments that are not recognized by PFI or those instruments that may be purchased from any third party which are not compatible with the PFI’s technology or Content. PFI reserves the right to upgrade its technology, Content or type of compatible devices as required from time to time and without prior intimation to the Users.
- It is hereby clarified that PFI is an administrative platform only and is not a broker, agent, financial institution, creditor or insurer for any User. PFI disclaims all responsibility, to the extent as permitted under applicable law, over the conduct of, or any information provided by a Cause partner/organiser.
- This Website may contain typographical errors, incomplete or out of date information. PFI reserves the right to make changes to the Content and information on this Website, or to the services described therein, or update such information at any time without notice, but PFI makes no commitment to corrector update this information. If you seek to rely on any representation of information contained on this Website, any such reliance shall be at your own risk.
- You acknowledge that your ability to use, access and interact on the Website is dependent upon external factors such as internet service providers and internet network availability, and PFI cannot always guarantee accessibility to the Website. To the extent permitted under law, neither PFI nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to log into your account, use our Website, even if you have been advised of the possibility of such damages.
- Any material accessed, downloaded or otherwise obtained through the Website is done at your discretion, competence, acceptance and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from your download of any such material.
- To the extent permitted under law, in the event of suspension or closure of the Website or any Services, you shall not be entitled to make any demands, claims, on any nature whatsoever.
- PFI reserves the right to introduce and initiate new features, functionalities, components to the Website and/or Services, and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, PFI is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Website without any prior notice to you.
- The data provided by you and as available with PFI may be shared with concerned law enforcement agencies for any lawful or investigation purpose without your consent.
- Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
THIRD PARTY LINKS
Please note that this Website may contain links provided by our Cause partners/organisers and other third parties. Any website, information or services accessed by or as a result of following such third party links is at your sole risk. The content viewed through any third party links is not endorsed in any manner by PFI. PFI shall not be responsible for or liable in any manner whatsoever for the content provided by such third party links. Further, the accuracy of the content provided through third party links has not been verified by PFI and we provide no warranties with respect to the same. Any information collected on websites visited through such third party links is subject to the privacy policies of such third parties.
In order to donate to a Cause, You, as a donor, acknowledge and agree and represent and warrant to PFI that:
- You have clearly understood the Cause and the proposed utilization of funds;
- All information, including information related to credit cards and other payment instruments, that you provide to PFI is true;
- You are authorized to use the card/payment instrument;
- You agree that a certain minimum donation amount may apply, and subject to the refund policy, that all donation payments are final and cannot be refunded;
- Cash donations are not accepted;
- Donations are accepted only from accounts and payment instruments registered in India;
- You will be required to share your PAN number for donations above a certain threshold as specified by applicable law;
- Donors may have the option to contribute recurring period donations, and in electing to contribute on a recurring basis, you, as a donor, (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the donation amount that you specify, and (ii) hereby authorize PFI to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Website;
- You agree that PFI and its applicable payment gateway service provider may charge certain fees and administrative costs, which shall not exceed 10% in aggregate, with respect to each donation. You understand that the fees deducted by PFI and the payment gateway are towards web hosting, and administration, and that PFI is only facilitating in collection of the fees on behalf of the Cause partners;
- Any tax deduction certificate, where applicable, will be issued by PFI unless otherwise agreed with the Cause partner/organiser;
- Once PFI has made transfers into the designated bank account of the Cause partners/organisers, PFI shall be discharged of any/all liability towards the Cause, Cause partners, beneficiary and contributors/donors;
- You understand that the PFI or its agents, representatives or employees shall never ask a customer to transfer money to any private individual account or to an account not held in the name of PFI or GoSports Foundation;
- You agree that if you transfer any amount to any bank account that is not legitimately held by PFI or to any personal account of any person, PFI shall not be held liable for the same and You shall not hold any right to recover from PFI any amount which is transferred by you to any third party; and You shall not share your personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of PFI, apart from PFI’s designated payment gateway service providers, and shall immediately inform PFI if such details are demanded by any of its agents’ employees or representatives and shall not hold PFI liable for any loss that you incur for sharing the aforesaid details.
Donations made through PFI are final and cannot be refunded, except in accordance with PFI’s refund policy. PFI may issue refunds for the following “exceptional” scenarios:
- A Cause has been identified as a fraudulent or violating the terms of service and no funds have yet been transferred to the beneficiary towards the same.
- A donation has been identified to have been initiated using an unauthorised payment instrument not belonging to the user by the User (donor) and the User wishes a refund.
- Cause partner has posted an update that the intended purpose of the Cause is no longer possible and no funds have yet been transferred to the beneficiary towards the same.
- Any other claims for refunds shall be honoured at the discretion of PFI team.
All refunds shall be reasonably credited to the original mode of payment in 7-10 bank working days.
LIMITATION OF LIABILITY
- PFI shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by you or any other person or entity during the course of access to or use of the Website and the Services therein.
- You shall be solely responsible for any consequences which may arise due to your access and use of the Website by conducting an illegal act or due to non-conformity with these Terms including provision of incorrect address or other personal details.
- In consideration of PFI allowing you to access the Services, to the maximum extent permitted by law, you waive and release each and every right or claim, all actions, causes of actions (present or future) you have or may have against PFI, its respective agents, directors, officers, trustees, associates, sponsors, partners, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown or whether anticipated or unanticipated) arising out of the provision of Services or in the course of access to and use of the Website or inability to use the Website and Services.
- In no event shall PFI be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with your use, inability to use, or performance of the Website or your availing of the Services.
You represent, warrant and covenant (a) that you will fulfil your obligations hereunder these Terms in good faith; and (b) that no materials of any kind provided by you will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain defamatory or otherwise unlawful material.
You hereby indemnify, defend and hold harmless PFI and all of PFI’s officers, trustees, directors, owners, personnel, agents, information providers, affiliates, licensors, licensees and third party service providers (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. PFI reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
PFI may immediately, without notice, deny you access to the Website and/or any Services, apart from any legal remedy that PFI can avail, if in PFI’s opinion, you fail to comply with any or all of the Terms set forth herein. In such instances, PFI may also disclose your personal information if required by any governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
In the event you have been suspended or terminated, you shall not access the Services or use the Website in any manner whatsoever until you are reinstated by PFI. PFI may at any time in its sole discretion reinstate suspended users.
REPORTING OF INFRINGEMENT
In good faith, if you have reason to believe that any work owned by you has been reproduced, embedded, or linked without any authorization on this Website, in a manner that constitutes an infringement of your intellectual property rights under Indian law, please compile the following information and email to: [email protected]
- A clear identification of the proprietary work allegedly infringed;
- A clear identification of the allegedly infringing material on the Website (with specific URL reference and/or screenshot, as applicable);
- Your contact details: name, address, e-mail address and phone number;
- A statement that you believe, in good faith, that the use of the material allegedly infringed on the Website is not authorized by you or the law;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly infringed; and
- Your signature or a signature of your authorized agent.
- GENERAL PROVISIONS
- Notice: All notices served by PFI shall be provided via email to your email address provide to us, or as a general notification on the Website. Any notice to be provided to PFI should be sent to [email protected].
- Assignment: You may not assign your rights and obligations under these Terms without the prior written consent of PFI. PFI may assign its rights and obligations to a third party without the requirement of seeking your consent.
- Confidentiality: You shall maintain confidentiality of any information which is specifically mentioned by PFI as confidential and shall not be disclosed unless as required by law or to serve the purpose of these Terms and the obligations of both the parties herein.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, 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 shall continue in full force and effect.
- Waiver: Any failure by PFI to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by PFI of that provision or right.
- Relationship: You acknowledge that your participation or registration on the Website, does not make you an employee or agency or partnership or joint venture or franchise of PFI.
- Governing law, dispute resolution and jurisdiction: The Terms shall be interpreted in accordance with and governed by the laws of India.Any dispute, controversy or claim arising out of the Terms shall be subject to the exclusive jurisdiction of the courts at Bengaluru. The courts at Bengaluru shall also have the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute or violation of these Terms.
- Feedback: PFI may require the feedback of its users for improving the Website and the Services and you shall hereby authorize PFI to contact you for your feedback on the Website and/or Services. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case you choose not to be contacted, you shall write to PFI for specific exclusion at [email protected].