Acceptance of terms:
Thank you for using Gallant Play/Gallant Play Sports Academy. These terms and conditions (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Gallant Play website at https://www.gallantplay.com/ (the “Site”) and any related mobile or software applications (“Gallant Play Sports Academy”) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms along with your use and access of the various Facilities in the capacity of a Member as more particularly set out hereunder (collectively, the “Services”).
These Terms are effective for all existing and future Gallant Play Sports Academy Members/Students.
Please read these Terms carefully. By accessing or using the Gallant Play Platform, you are agreeing to these Terms and concluding a legally binding contract with Gallant Play Private Limited and/or its affiliates (hereinafter referred to as “Gallant Play”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Gallant Play Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you by Gallant Play in the user interface for any particular Service; or
Actually, using the Services. In this case, you understand and agree that Gallant Play will treat your use of the Services as acceptance of the Terms from that point onwards.
Content: “Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “Member Content” means content that you upload, share or transmit to, through or in connection with the Services, to including but not limited to your usage, booking, attendance, membership, feedback, purchase, profile image, age, contact details, phone number, email address data etc. and any other materials that you publicly display or displayed in your account profile. “Gallant Play Content” means content that Gallant Play creates and makes available in connection with the Services including but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third-Party Content. “Third Party Content” means content that comes from parties other than Gallant Play or its Members and is available on the Services.
Facility: “Facility” will include various sports and other related infrastructure, facilities and amenities which can be used by the Members for workout or playing different sports.
Force Majeure Event : means any of the following events or conditions that, directly or indirectly, hinder, limit or make impracticable the performance by Gallant Play of any of its obligations under these Terms, including without limitation, acts of God, war (declared and undeclared), terrorist attacks, fire, earthquake, explosion, floods, sabotage, strikes, accident, riots, , endemic, pandemic (including, but not limited to, novel coronavirus disease 2019 and/or COVID-19), lockdown, quarantine restrictions, (including, but not limited to, in relation to which any competent national, regional or local authority establishes guidelines and/or measures restricting, limiting and/or otherwise reducing the free movement, congregation or gathering of the population, declares an International, national, regional or local state of emergency, advises or orders any form of ‘social distancing’, or restricts, limits or otherwise reduces retail store hours of trading, or business in any manner), or other violence, any law, or regulation of any government, or any act or condition whatsoever beyond the reasonable control of Gallant Play that has prevented or delayed of the performance by Gallant Play of its obligations under these Terms.
Member: “Member” or “Student” or “You” or “Your” refers to a customer of Gallant Play who (i) purchases a Plan for himself/ herself or (ii) on whose behalf the Plan has been Purchased by a third party or (iii) for his/ her minor children; availing the Services offered by Gallant Play at its various Facilities and Platform.
Partner: shall mean a Company/ Partnership Firm/ Proprietorship Concern that is the lawful right holder/owner of a Facility listed on the Gallant Play Platform and that has partnered with Gallant Play for the purpose of making available the Facility to Gallant Play’s Members for various purposes such as availing specialized sports coaching or playing a specific sport or doing workout at the Facility.
Plan: means Your subscription to the services offered by Gallant Play at various Facilities, purchased by you that entitles You to certain benefits in accordance with these Terms.
Session: shall mean the particular activity (sports or workout) as booked by the Member on the Gallant Play Platform.
Slot: shall mean the time period during which the Member is allowed to use the Facility for availing the Session.
Eligibility to use the services:
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws. You are in compliance with all laws and regulations in force in India when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable laws, and in a manner that does not violate our legal rights or those of any third party(ies).
Change of the terms:
Gallant Play may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Gallant Play Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
Provision of Services by Gallant Play:
Single session / Subscription based digital services / products on the Gallant Play Platform, like recorded audio and / or video content, real time on-line training services, as provided by or featuring Partners and / or their associates (“Digital Services”), which shall include:
Health Services, Master key and Digital Services shall be collectively referred to as “Services” and shall be provided by Gallant Play, Partners or their associates with whom Gallant Play or Partners have contractual arrangements. Gallant Play shall facilitate the provision of the Services and independently provide such other services (including account creation and management, management of services purchased / booked on the Platform, payment and transaction summary generation services etc.) to You by allowing You to register and access the Platform on the terms and conditions set forth herein.
Gallant Play may, from time to time, offer memberships to kids (“Kids Academy Memberships”), which shall have additional terms and conditions mentioned below:
Gallant Play is constantly evolving in order to provide the best possible experience and information to its Members. You acknowledge and agree that the form and nature of the Services which Gallant Play provides, may require affecting certain changes in it, therefore, Gallant Play reserves the right to suspend/cancel, or discontinue any or all Services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if Gallant Play disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
By using Gallant Play’s Services you agree to the following disclaimers:
The Content on these Services is for informational purposes only. Gallant Play disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Gallant Play reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Gallant Play. All images shown here have been digitized by Gallant Play. No other person is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Gallant Play.
Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Gallant Play Platform is for informational purposes only. Such Certification is displayed by Gallant Play on an ‘as available’ basis that is provided to Gallant Play by the Partner(s). Gallant Play does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Member upon the Certification or information thereto shall be strictly at such Member’s own risk and Gallant Play in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Partner.
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Gallant Play Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Gallant Play and that you shall not disclose such information without Gallant Play’s prior written consent.
You agree to protect Gallant Play’s proprietary rights and the proprietary rights of all others having rights in the Services at all times and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Gallant Play (or Gallant Play’s licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Gallant Play, nothing in the Terms gives you a right to use any of Gallant Play’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Gallant Play; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of Gallant Play’s Content in whole or in part except as expressly authorized by Gallant Play.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section 28.
We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Gallant Play Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Gallant Play Content or our IP Rights.
Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
By submitting Your Content you hereby irrevocably grant Gallant Play a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialize, create derivative works, and in the case of third-party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Gallant Play or its Members, any third-party services and their users.
You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate any applicable laws.
You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Members and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Members and any and all liability arising from such Content is the sole responsibility of the Member who posted the content, and not Gallant Play.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Members in our sole discretion.
Safety and Responsibility
Facility, Slots and Plan Management
Gallant Play reserves the right, at its sole discretion to:
Membership Fee and Refund Policy
Right to Entry
Gallant Play Sports Academy: Rules & Regulations:
Booking, Slot Duration and Availability
No Show, Late Entry Penalty and Booking Cancellation Policy
Session(s) Cancellation by Gallant Play
cancel their membership directly on the Gallant Play Platform.
Gallant Play Memberships are non-transferrable.
Medical Examination Report
Changing of Instructors
If feasible, Gallant Play/Gallant Play Sports Academy will use reasonable endeavours to provide the same instructor for each Session within a given Slot, however, a substitute instructor may be assigned, for reasons deemed fit by Gallant Play without prior notification to the Member.
Gallant Play may offer the opportunity to get Your photographs clicked (either solo or group) or appear in a video during a Session at the Facility (“Images”). The Images shall be clicked or recorded by the Facility managers or any individual authorised by Gallant Play. You acknowledge that the Images uploaded by Gallant Play on the Gallant Play Platform shall be accessible to all the Members. All Members may download or take a screenshot of the Images uploaded. The Images may also be seen, accessed, or downloaded through third-party services such as search engines, APIs, websites and other services. Gallant Play disclaims any and all liabilities with respect to the misuse, loss, modification, unavailability of the Images or content available on the Gallant Play Platform.
Disclaimer of warranties, limitation of liability, and Indemnification
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GALLANT PLAY, ITS PARTNERS, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“GALLANT PLAY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE GALLANT PLAY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE GALLANT PLAY PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GALLANT PLAY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY GALLANT PLAY, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
You agree to indemnify, defend, and hold harmless the Gallant Play Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Termination of your access to the Services and termination of Agreement
1. Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
3. Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
4. Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Gallant Play and you shall have no authority to bind Gallant Play in any form or manner, whatsoever.
5. Governing Law: These Terms shall be governed by the laws of India. The Courts of New Delhi shall have exclusive jurisdiction over any dispute arising under these terms.
For all Members: SHOULD YOU HAVE ANY CAUSE AND WISH TO INITIATE ANY LEGAL ACTION AGAINST US, YOU AGREE TO COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
Notice of copyright infringement
Gallant Play shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Gallant Play Platform, or items advertised on the Gallant Play Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Members of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services.
Details of the Company
Legal Entity Name: Gallant Play Private Limited
Registered Address: Unit No. 424, Eros City Square, Rosewood City, Sector 49, Gurgaon, Haryana: 122018
Corporate Address: 104, Elite House, 36, Kailash Colony Extension, Zamrudpur Community Centre, New Delhi: 110048
Details of website and Application: https://www.gallantplay.com/ and “Gallant Play Sports Academy”
Contact Details: firstname.lastname@example.org