Terms of Use

Effective from: 1st May, 2017.

GW portal is for your personal entertainment, information, education, and communication. The site is intended for Indian audience only. Please feel free to browse the site at any time; however, by browsing this site, you are subject to the terms and conditions ("terms of use") of this site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time without further notice. If we do this, we will indicate at the top of this page the date these terms were last revised. Your continued use of the service or the site after any such changes constitutes your acceptance of the new terms of use. If you do not agree to abide by these or any future terms of use, do not use or access (or continue to use or access) the service or the site. It is your responsibility to regularly check the site to determine if there have been changes to these terms of use and to review such changes. By accessing this site, you accept, without limitation or qualification, the following terms of use. If you do not accept the terms of use, then please discontinue your use of this site. in addition, if you are an individual who wishes to become a member and make use of the services (defined below), you must read these terms of use and indicate your acceptance by following the instructions on the "sign up"; page and checking the box labelled "i agree to the terms of use."

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations.

Eligibility

GW is intended solely for users who are thirteen (13) years of age or older ("users"). Any registration by, use of or access to the site by anyone under 13 is unauthorized, unlicensed and in violation of these terms of use. By using the service or the website/mobile app/mobile app, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these terms of use.

Registration

GW provides member-based services ("services") on the site. When you register to use these services, you may be required to provide certain personally identifiable information about yourself. In providing such personally identifiable information, you agree to provide true, accurate and complete information about yourself, and to update the information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if GW suspects that your information is untrue, inaccurate, or incomplete, then site may, in its sole discretion, suspend,

Registration Data; Account Security

In consideration of your use of the site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site ("registration data"); (b) maintain the security of your password and identification; ? maintain and promptly update the registration data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content; Limited License

All content on the site and available through the services, including graphics, text, pictures, video, information, applications, software, music, sound and other files (the "site content"), is the proprietary property of the GW, its users or its licensors. except for user content (as defined below) that you legally post on the site, no site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold without our prior written permission. provided that you are eligible for use of the site, you are granted a limited license, revocable at any time without notice with or without cause, to access and use the site and the site content and to download or print a copy of any portion of the site content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Any use of the site or the site content other than as specifically authorized herein, without the prior written permission of GW, will terminate the license granted herein. Unless explicitly stated herein, nothing in these terms of use shall be construed as conferring any license to intellectual property rights.

Trademarks

The trademarks, logos, and service marks (collectively the "trademarks") displayed on the site are registered and unregistered trademarks of GW and others. Nothing contained on the site should be construed as granting any license or right to use any trademark displayed on the site without the written permission of GW or such third party that may own the trademarks displayed on the site. Your misuse of the trademarks displayed on the site, or any other content on the site, except as provided in these terms of service, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.

Service providers

Your correspondence or business dealings with, or participation in promotions of service providers found on or through the site, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such service provider. We will not be responsible or liable for any loss and/ or damage of any sort incurred as the result of any such dealings or as the result of the presence of such service providers on the site.

User Conduct

The services and the site are available to you for your personal, non-commercial use only. you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material. in addition, you agree not to use the services or the site to (i) harvest or collect contact information of other users from the services or the site for the purposes of sending unsolicited emails or other unsolicited communications; (ii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising or any other form of solicitation; (iii) register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity; (iv) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (v) upload, post, transmit, share, store or otherwise make publicly available on the site any private information of any third party; (vi) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; (vii) use the services or the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site; or (viii) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of ours, is objectionable or which restricts or inhibits any other person from using or enjoying the site, or which may expose us or its users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for all content that you upload, publish or display (hereinafter, "post") on or through the services or the site, or transmit to or share with other users (collectively the "user content"). You may not post, transmit, or share user content on the site or services that you did not create or that you do not have permission to post. you understand and agree that GW may, but is not obligated to, review the site and may delete or remove (without notice) any site content or user content in its sole discretion, for any reason or no reason, including user content that in the sole judgment of GW violates these terms of use or GW's standards, or which might otherwise be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any user content you post or store on the site or provide to GW.

When you post user content to the site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the user content on the site. by posting user content to any part of the site, you automatically grant, and you represent and warrant that you have the right to grant, to GW an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose, commercial, advertising, or otherwise, on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing. You may remove your user content from the site at any time. If you choose to remove your user content, the license granted above will automatically expire, however you acknowledge that GW may retain archived copies of your user content. GW does not assert any ownership over your user content; rather, as between us and you, subject to the rights granted to us in these terms, you retain full ownership of all of your user content and any intellectual property rights or other proprietary rights associated with your user content.

Copyright Complaints

GW respects the intellectual property of others, and we ask our users to do the same. If you believe that a copyright work has been copied in a way that constitutes copyright infringement, please provide GW the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

A description of the copyrighted work that you claim has been infringed

A description of where the material that you claim is infringing is located on the site

your name, address, telephone number, and email address

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.  You may send such information to us by email: contact@groundwala.in for taking necessary action.

Third Party Website/mobile app/mobile apps and Content the site contains (or you may be sent through the site or the services) links to other web sites ("third party sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "third party applications, software or content"). we do not investigate, monitor or review such third party sites and third party applications, software or content, and we are not responsible for any third party sites accessed through the site or any third party applications, software or content posted on, available through or installed from the site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party applications, software or content. inclusion of, linking to or permitting the use or installation of any third party site or any third party applications, software or content does not imply approval or endorsement thereof by us. If you decide to leave the site and access the third party sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware GW terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the site or relating to any applications you use or install from the site. we reserve the right GW sole discretion and without notice to: (i) terminate any and all links to this site from any third party site, (ii) terminate any and all links from this site to any third party site and/or (iii) terminate any third party site made available or accessible via this site and remove any online posting thereof.

User Disputes

You are solely responsible for your interactions with other GW users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Privacy

We care about the privacy of our users. View GW's privacy policy. By using the site or the services, you are consenting to have your personal data transferred to and processed in India.

Disclaimers

GW is only a facilitator between the user and the owners of the playgrounds, and has no control over the pricing and the availability of the playground. GW will not be responsible for losses of any kind resulting from your transaction on this site. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. All information collected by us shall be governed as per our privacy policy.

GW is not responsible for any incorrect or inaccurate user content or site content posted on the site or in connection with the services, whether caused by users of the site or by any of the equipment or programming associated with or utilized in the services.

Groundwala is not responsible for the conduct, whether online or offline, of any user of the site or services. The services may be temporarily unavailable from time to time for maintenance or other reasons. GW assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications. GW is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any web site or combination thereof, including injury or damage to users and/or to any other person's computer related to or resulting from participating or downloading materials in connection with the site or the services. Under no circumstances will GW be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the site or the services, any site content or user contest, or any interactions between users of the site, whether online or offline. The site, the services and the content are provided "as-is". GW disclaims any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. GW cannot guarantee and does not promise any specific results from use of the site and/or the services.

Limitation on Liability

except in jurisdictions where such provisions are restricted, in no event will GW be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the site or the services, even if GW has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, GW's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GW for the services during the term of membership.

Termination

GW may, in its sole discretion, terminate your password, account (or any part thereof) or your access to the site, or remove and discard any communication transmitted by you, or information stored, sent, or received via the site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the site using multiple profiles, (ii) permitting another person or entity to use your profile to access the site, (iii) any other access or use of the site except as expressly provided in these terms of use, (iv) any violation of the terms of use or the rules and regulations relating the use of, the software and/or data files contained in, or accessed through, the site, or (v) failure to use the site or a portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to GW of your intent to terminate these terms of use. Termination, suspension, or cancellation of these terms of use or your access rights shall not affect any right or relief to which GW may be entitled, at law or in equity. Upon termination of these terms of use, all rights granted to you will automatically terminate and immediately revert to GW and its licensors.

Governing Law; Venue and Jurisdiction

By visiting or using the site and/or the service, you agree that these terms of use shall be governed by, construed and enforced in accordance with the India arbitration act 1996.

The jurisdiction shall be conducted in Hyderabad, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the jurisdiction shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, GW may seek any interim or preliminary relief from a court of competent jurisdiction in Hyderabad, India. GW at its option, may bypass arbitration in cases of fraud or other crimes against itself, interference with its technical operations or violations of its rights or property.

Indemnity

you agree to indemnify and hold GW and each of its directors, officers, agents, contractors and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the service or the site, your conduct in connection with the service or the site or with other users of the service or the site, or any violation of these terms of use or of any law or the rights of any third party.

Non-Waiver

The failure to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision in that or any other instance.

Entire Agreement/Severability

These terms of use and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these terms of use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.