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 http://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.

Definitions:

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:

Services Offered:

• Sports Facilities and fitness centre memberships / classes/ training by certified coaches and related services (“Health Services”);

• Subscriptions/ Memberships offered by Gallant Play granting access to various essential services from third-party fitness centres, gyms, studios, training centres, etc (“Gallant Play Service Provider”);

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:

• Kids Academy Memberships can be purchased and availed only by guardians for their wards between the ages of 5 (five) and above, provided that the guardian shall have duly executed a consent form, in the format, as approved by Gallant Play;
• Under Kids Academy Memberships, kids can only avail specific classes at select Facilities. Further, they shall not have access to any other programs or Facilities or centres not providing the said classes;
• The membership is non-transferable. If the membership is found to being used by any person other than who it was purchased for, the membership will be liable to be cancelled immediately, without refund of any fees.

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.

Content:

• Ownership of Gallant Play Content and Proprietary Rights

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.

• Your License to Gallant Play Content

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.

• Gallant Play License to Your or Member Content

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.

• Representations Regarding Your Content

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.

• Content Removal

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

• Gallant Play deems safety as a top priority for all its Members. If, in the sole opinion of Gallant Play, any Member acts in a manner so as to compromise the safety of other Gallant Play Members or the Facility, Gallant Play shall reserve a right to terminate such Member’s Plan with immediate effect without any refund of the Membership Fee.

• Gallant Play shall not be held responsible for any personal injury or loss of life or damage that may arise during the usage of Facilities by the Members.

• Without prejudice to the foregoing, safety at Gallant Play Facilities is a mutual responsibility for both Gallant Play management/ staff and its Members.

• The Members are advised to take all necessary precautions while dealing with all/ any equipment at the Facility and wherever needed are required to do so under proper supervision.

• Any act of violence either initiated or participatory in nature, within the Gallant Play Facility will result in immediate termination of the Plan without any refund of the Membership Fee.

• It is acknowledged that any service provided by the Partners or Gallant Play Service Providers or any third party shall be the responsibility of such Partner or Gallant Play Service Provider or the third party alone, and Gallant Play shall not in any manner be liable for (i) any losses, personal injury or loss of life, damage or claims arising out of or suffered by the Users on account of usage of the said services; and/ or (ii) in respect of their adequacy, sufficiency, quality or otherwise.

Facility, Slots and Plan Management

Gallant Play reserves the right, at its sole discretion to:

• add/remove Facilities, sports activities and/or Slots from the Gallant Play Platform;

• incorporate changes in, including but not limited to, its Facility operation day, functional hours, types of Plans, types of coaching or any other related changes from time to time based on Member and Partner feedback.

Membership Fee and Refund Policy

• You agree to pay the appropriate membership fees for the Plan opted by you and related charges incurred while using the Services along with applicable taxes (“Membership Fee”).

• Gallant Play offers (i) pay per session and (ii) subscription options, which could be either monthly, quarterly, half yearly and annual, or for such duration as Gallant Play may prescribe. 1. Any Services membership may start with a free trial, at the sole discretion of Gallant Play. The free trial period for any Plan will last for the period of time specified on the Gallant Play Platform at the time of signing up. Free trials may not be combined with certain other offers, as specified.

• Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Any Introductory offers are only available to new users of the Gallant Play Platform, except where expressly stated otherwise. No promotion code or discount will apply to any services / products unless otherwise stated on the Gallant Play Platform.

• All payments in respect of the Membership shall be made to Gallant Play either through the Gallant Play Platform or at the respective Facility to the concerned Facility manager/ supervisor. To the extent permitted by applicable law and subject to the Gallant Play’s Privacy Policy, You acknowledge and agree that Gallant Play may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.

• In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform. By providing the Payment Details, You represent and warrant that: (i) You are legally authorized to provide such Payment Details; (ii) You are legally authorized to perform payments using such Payment Details; and (iii) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. Gallant Play shall use the Payment Details as described in Gallant Play’s Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.

• The payment receipt for completion of a transaction shall be provided by the respective vendors and the transaction summary shall be provided by Gallant Play, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Gallant Play collects the payment on behalf of the respective vendor, and eventually settles the same.

• Except to the extent otherwise required by applicable law, Gallant Play is not liable for any payments authorized through the Gallant Play Platform using Your Payment Details. Particularly, Gallant Play is not liable for any payments that do not complete because: (i) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (ii) You have not provided Gallant Play with correct Payment Details; (iii) Your payment card has expired; or (iv) circumstances beyond Gallant Play’s reasonable control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

• Unless Gallant Play deems fit otherwise, all Gallant Play Plans shall be non-refundable, non-saleable, non-exchangeable, non-transferable and non-adjustable plans and under no circumstances (including a Force Majeure Event or medical reasons) shall any refund request be accepted by Gallant Play. Gallant Play may, at its sole discretion issue a prorated refund based on the number of full months remaining in your Membership. However, Gallant Play will not give any refund for cancellation of the Membership related to conduct that Gallant Play determines, in its discretion, violates these Terms or any applicable law, involves fraud or misuse of the Gallant Play Membership, or is harmful to its interests or another Member.

• Gallant Play advises the Members to go through the Terms thoroughly before initiating purchase of any Plan.

• Gallant Play reserves the right to change/modify this cancellation and refund policy without any prior notice.

Referral

• A user is eligible to make a referral only if they have an active membership for themselves.
• The referral code is only applicable for the first-time purchases.
• To earn referral benefits, a user must invite his/her friend(s) to join Gallant Play. The referrer & the friend invited will become eligible for a referral bonus only once the invited friend makes a membership.
• You will earn a referral reward of 10 days extension for each friend who purchases their first membership using your referral code.
• The 10 days extension disbursement will happen only 10 days after your invited friend purchases his/her first membership using your referral code.
• In case your membership expires before the extension reward, the extension reward will be applicable on your next purchase.
• Similarly, each friend of yours can also earn 10% off on their first membership purchase if they purchase their first membership using a referral code.
• The membership of the friend you refer is subject to the fulfilment of all the applicable eligibility criteria and its verification.
• The friends you invite must not already have purchased a membership with Gallant Play.
• In case of suspected manipulations or abuse of referral reward by you or your friends, Gallant Play reserves the right to exclude you and/or your invited friends from this promotion and cancel your membership.
• This reward may be withdrawn at any time if you violate any conditions of the Terms of Service on Gallant Play.
• Gallant Play reserves the right to change the reward at any point of time without prior intimation.
• The decision of Gallant Play management shall be final and binding in case of any disputes.
• All standard Gallant Play terms & conditions apply.

Right to Entry

• Gallant Play reserves the right to allow/ disallow any Member from entering the Gallant Play Facility.
• No entry requests will be entertained for attending Sessions without the booking confirmation obtained on the Gallant Play Platform.
• All Members are expected to arrive for their respective Session during the booked Slot only. Gallant Play reserves the right to deny entry to a Member in case he/she arrives late for his/her Session.

Gallant Play Sports Academy: Rules & Regulations:

• Gallant Play does not sell/rent any kind of equipment to any student.
• Gallant Play does not assume responsibility for any injuries sustained by a student during classes or any matches organized by Gallant Play.
• In the event of a coach’s unavailability or due to event/construction work, Gallant Play Academy will take responsibility for any cancelled classes. Any classes missed due to the aforementioned reasons will be compensated.
• Gallant Play Academy is not responsible for classes that are cancelled due to weather conditions, government regulations, or national holidays.
• Gallant Play reserves the right to allow/ disallow any student from entering the Gallant Play Facility.
• Gallant Play holds the right to change/modify the fee plan of any sport without any prior notification.
• The Fees cycle will be from the 1st day till the last day of the month and the fees should be deposited before the 10th of every month.
• Students taking 3 classes per week can adjust their classes within their fees tenure by taking extra classes. Gallant Play Academy will not be able to extend the tenure of the fees.
• For students taking 6 classes per week and is unable to take a few classes, classes can be adjusted in the mentioned time period:

• 1 month: the student will get 1 week time to adjust the missed classes
• 3 months: the student will get 2 weeks’ time to adjust the missed classes
• 6 months: the student will get 2 weeks’ time to adjust the missed classes
• 12 months: no classes will be adjusted.

Booking, Slot Duration and Availability

• Booking Limit: Gallant Play Members may book their Slot maximum of forty-eight (48) hours in advance and shall not have more than three (03) active bookings at one particular time.
• Past and Future Bookings: The booking history is available on the Gallant Play Platform and the Members, must always check and avail the Services as per their respective bookings.
• Slot Duration: Except as otherwise displayed on the Platform, the session/slot duration will be for one (01) hour; 50 mins will be dedicated to playing/drills (based on the type of slot booked) and 10 mins for changeovers/setup/changing time.
• Warm up and Slot changeover: Members are expected to warm up properly for at least ten (10) minutes to avoid injuries during the Session.
• Entry and Exit Discipline: Members are expected to arrive and leave on time, under no circumstances will a member be allowed to use the Facility beyond the Slot duration.
• Booking availability: Session bookings are subject to availability of the Slot in the time frame sought and on a first come first serve basis.
• Slot Capacity: Each Slot is designed to accommodate a fixed number of Members at a time.
• Slot Cancellation: Members must cancel any bookings at least thirty (30) minutes before the start of a Session in case they are unable to attend, to avoid any inconvenience to other Members and/or the Gallant Play staff and/ or to any deduction in Membership days and also to enable other Members to book the cancelled Slot.

No Show, Late Entry Penalty and Booking Cancellation Policy

• A Member can cancel his/her booking thirty (30) minutes before the Session starts.
• In case the Member fails to cancel the booked Session at least 30 minutes in advance and does not arrive/ arrives late at the Facility i.e., fifteen (15) minutes after the Session timing, the Session will result in a ‘No Show’ and one (01) day will be deducted from the Member’s Plan as a ‘No Show Penalty’.
• In case of any dispute with respect to the No Show Penalty, Members can go to their past bookings on the Gallant Play Platform and raise a penalty reversal request.
• Upon receipt of a penalty reversal request, Gallant Play will investigate the same and will deploy commensurate efforts to arrive at the best possible and accurate decision.
• The decision made by Gallant Play with respect to the dispute would be final and binding and no further dispute shall be entertained due to any reason, whatsoever.

Capturing Attendance

• Gallant Play uses biometrics (facial recognition, fingerprints, voice etc.) to record the Facility visit and attendance data of the Members (“Attendance”). Gallant Play can change/ opt for different technology from time to time at its sole discretion to capture this data for reasons including but not limited to security, reducing customer effort etc.
• Each Member is expected to mark his/ her Attendance no later than fifteen (15) mins after the Session start time to avoid any penalty.
• By accepting these terms, the Member(s) Gallant Play unconditionally agree that they will comply to the attendance protocols as set out hereunder.
• For security purposes, all Gallant Play centres have CCTV installations to monitor live events at the Facility.

Session(s) Cancellation by Gallant Play

• Gallant Play strives to maintain its Facilities in prime working conditions for its Members and hence requires maintenance from time to time therefore a Slot might not be available or cancelled owing to reasons including but not limited to Facility maintenance, repairs, unfavourable Facility conditions/ playing environment, power cuts, adverse weather conditions, etc.
• Cancellation Intimation: Gallant Play will notify the Members through email or app notifications in case of such occurrences.

Membership Cancellation

• Formal communication for cancellation: All requests to cancel Gallant Play membership must be made in writing to [email protected].

• For any Subscriptions purchased on or after July 1, 2021, the Members can

cancel their membership directly on the Gallant Play Platform.

Membership Transfer

Gallant Play Memberships are non-transferrable.

Medical Examination Report

• Members are required to fill up a medical form (“Form”) prior to the usage of the Facility and submit the same either to the Facility manager or online on the Gallant Play Platform, as the case may be.
• By signing/filling the Form, the Member represents and warrants that he/ she has read and fully understood the contents of the Form and has provided information that is true and correct. Gallant Play shall in no manner be held liable in the event of any mishaps (including bodily injury or death) resulting from any reasons whatsoever (including but not limited to any important information being concealed by the Member with respect to Medical Examination Report).
• Any and all existing medical conditions must be disclosed to Gallant Play in the Form before availing the Services.
• All information received from the Members is treated in confidence and with sensitivity.
• If a Member is suffering from heavy cold, sinusitis or an ear infection or any other similar medical condition, the Member is advised to refrain from swimming or taking up any other sports activity. In the event the Member still chooses to do so, it shall be at his/ her own risk and Gallant Play shall not be held liable for the consequences, if any.
• Gallant Play recommends its Members/Students to ensure to be free of all symptoms/disease/sickness at least forty-eight (48) hours prior to Gallant Play using the Facility.
• You represent and warrant that you are not aware of any health condition which restricts or prevents you from participating in the Session(s) of your choice and should you, in the future become aware of any such condition, you shall promptly communicate with Gallant Play accordingly.

Staff

• All Gallant Play Sports Academy instructors are qualified and experienced teachers/coaches and hold relevant certifications.
• Gallant Play Sports Academy reserves the right to replace advertised coaches or programs at any time without any intimation to the Members/Students.
• Coach in charge and the Facility manager must be approached by the Members for any issues/concerns that they may face at a Facility.
• It is recommended that all queries related to technique and skill building should be directed to the coach deployed in that particular Slot.
• Issues or queries related to membership, Facility, amenities and hygiene can be directed towards the designated facility manager or via support request on the Gallant Play Platform.

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.

Lost Property

• Gallant Play does not accept responsibility for any damage/ loss of property or articles left unattended in and around the Facility.
• Members are advised to carry minimum items to the Facilities and take all necessary precautions to avoid any loss of property/ belongings.
• Each Facility shall have a lost and found box kept at the entrance. In case something is reported lost or found, Members can reach out to the Facility manager and check or handover the item in the ‘Lost and Found’ box.

Parking

• Gallant Play may make available parking spots in or outside the Facility for the Members however, the safety and security of the vehicle will, at all times, be the sole responsibility of the Member and Gallant Play does not take any responsibility for any theft of or damage to the vehicle.
• All Members and the delegated guardians of the Members should observe the highest level of personal conduct in the parking area and in case there is an issue in the parking area, the same shall be reported to the concerned facility manager immediately.

Photography

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.

• Due to privacy protection regulations, the Members are expected to limit photography within the Facility.
• Photography or video filming within and outside the Gallant Play Facilities should be done with the highest level of sensitivity ensuring that any other Member(s) privacy rights are not violated in the process;
• Photography is recommended to be limited to selfies and group photos solely for personal use;
• Photography at swimming pools and during kids academy hours is strictly prohibited;
• Any violation of this policy may lead to immediate termination of membership and appropriate legal action against the concerned Member under applicable laws;
• Gallant Play reserves the right to use photographs of Members for publicity purposes on the Gallant Play Platform.
• Gallant Play photography, logos, and illustrations are the copyright of Gallant Play (or credited party) and any scanning or reproduction of any of the above without Gallant Play’s written consent will be regarded as a breach of Gallant Play’s copyright and dealt with accordingly.

Disclaimer of warranties, limitation of liability, and Indemnification

• Disclaimer of Warranties

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.

• Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GALLANT PLAY PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (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 YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE GALLANT PLAY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GALLANT PLAY’S REASONABLE CONTROL. IN NO EVENT SHALL THE GALLANT PLAY PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

Indemnification

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

• Termination for Cause: We may forthwith terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) issues related to discipline and misbehaviour with the facility staff or fellow Members; (iii) acts of violence or distortion of peace at the facility; (iv) violation of Gallant Play Code of Conduct; (v) desecrating/vandalizing the facility and/ or (vi) lack of use of the Services.

• Termination for Convenience: Notwithstanding anything contained in sub-clause (a) above Gallant Play may, in its sole discretion, forthwith terminate your use of the Services without assigning any reason whatsoever. Gallant Play may refund the pro-rated Membership Fee in the event your use of Services is terminated by Gallant Play in accordance with this sub-clause (b).

• You agree that any termination of your access to the Services may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.

General Terms

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.

2. Entire Agreement and Waiver: The Terms, together with the ‘Privacy Policy’ and any other documents referred to herein, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

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.

Contact Us

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: http://gallantplay.com/ and “Gallant Play Sports Academy”

Contact Details: [email protected]