Terms and Conditions

This Site/ Application/ Services is/are operated /provided by CxPlay (“CxPlay”) operating under the brand name CxPlay (“Us” or “Our” or “We” or “CxPlay”). We operate and are engaged in organizing sports and other recreational events as well as providing an internet-based booking platform for and in connection with Our as well as third party sports and other events such as sports fitness session(s), sports coaching/outdoor fitness sessions, sports related training activities and sports facilities and venues through Our Site , either by Our self or through Our subsidiaries, affiliates or third-party service providers (“Primary Services”). On our Site We provide a community-driven ‘Groups & Games’ feature, that allows Customers to connect with ‘groups’ and participate in sports games being organized near their locality (“Secondary Services”). These Terms of Use (“User Terms”) are a legal contract between you and Us.
Subject to the terms and conditions mentioned in these User Terms, you are hereby granted a non- exclusive, limited, non-transferable, non-sublicensable license, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. CxPlay reserves all rights not expressly granted herein in the Service (as detailed below).
These User Terms apply to your visit to and use, of the Site whether through a computer or a mobile phone or any other device, the Service, as well as to all information, recommendations and/or services provided to you on or through the Site and the Service.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By successfully registering your account with us, you are consenting to be bound by these User Terms. Please ensure that you read and understand all these User Terms before you use the Site. If you do not accept any of the User Terms, then please do not use the Site or avail any of the Services being provided therein. Your agreement to these User Terms shall operate as a binding agreement between you and CxPlay in respect of the use and services of the Site.
Your acceptance of the User Terms shall be deemed to include your acceptance of our Privacy Policy.
By accepting these User Terms, you also allow CxPlay to send you promotional emails and SMS alerts from time to time.

I. DEFINITIONS

All the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

• Account shall mean the account created by or for the Customer on the Site for availing the Services.

• Additional Fee shall mean any toll duty, inter-state taxes, etc. as may not be included in the Order Value but payable to any third party / government authorities for availing Services under Applicable Law.


• Applicable Law(s) shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.


• Application shall mean the mobile application CxPlay, owned and updated by CxPlay from time to time.
• Convenience Fee shall mean the fee payable by the Customer to CxPlay for the Services i.e., for availing the technology services offered by CxPlay. Convenience Fee shall be chargeable on every Order made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
• Cancellation Fee shall mean the fee payable towards cancellation of an Order by a Customer in terms of Clause 7 of these User Terms. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
• Customer/ you mean a person who has an Account.
• E-Wallet shall mean a pre-paid instrument, which can be used to make payments on the Site.
• Force Majeure Event shall mean any event arising due to any cause beyond the reasonable control of CxPlay.
• CxPlay Pass means a pass or reservation (whether in physical or electronic form, as permitted under law), being purchased by any person through the Site and that allows the holder thereof, subject to certain terms and conditions, access, attend and participate to any sport/sport activity/fitness session, on the date, time period and for the sport as identified in such pass or reservation booked through Site, at the venue(s)/fitness center of the Partner;
• Order shall mean the order placed by a Customer to avail the Services facilitated through the Site.
• Order Value shall mean such amount in Indian Rupees, which is reflected on the Site, as the amount payable for a specific Order. The Order Value shall be exclusive of all applicable taxes on the Order Value, if any.
• Order Value shall mean such amount in Indian Rupees, which is reflected on the Site, as the amount payable for a specific Order. The Order Value shall be exclusive of all applicable taxes on the Order Value, if any.
• Registration Data shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by CxPlay from the Customer from time to time for registration on the Application.
• Services shall mean a joint reference to the Primary Services and the Secondary Services.
• Site shall mean the Application, the website owned and operated by CxPlay and any website which is owned and developed by Us for Our specific partner/third party service provider to give such partner an exclusive platform for its listing of its events/sport sessions etc. or any other software that enables the use of the Application or such other URL or any other booking platform as may be specifically provided by CxPlay
• Total Fee shall mean and include the Order Value, the Convenience Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
• Venue Membership Plan means a membership plan, as offered by respective venue partner and being purchased by any person through the Site, whereby such person, subject to terms and conditions of such plan, can book and access specific venue/fitness centre of the venue/vendor partner engaged by CxPlay for playing any particular sport/sport activity, as identified in such plan, facilitated/provided at the venue of the partner or if applicable , attend/ participate in any fitness session or other allied services and products facilitated/provided at such venue of the partner and being identified in such plan.

II. ELIGIBILITY

• You will be eligible to use the Services only if You are competent to enter a binding contract under Applicable Laws.

• If you reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter contracts such as this User Terms due to age, Your use of Services shall bind Your legal guardian to these User Terms.

III. REGISTRATION AND ACCOUNT

• To access certain password-restricted areas of the Site and to use certain Services offered through the Site, you are required to successfully register an Account with Us.

• You understand and acknowledge that you can register on the Site only after complying with the requirements of this Clause III and by entering your Registration Data.
• You shall ensure that the Registration Data provided by you is accurate, complete, current, valid, and true and updated from time to time. We shall bear no liability for false, incomplete, old, or incorrect Registration Data provided by you.
• You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur because of someone else using your password or Account, either with or without your knowledge.
• We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or for any other reason We may find just or equitable.
• Except for the Registration Data or any other data submitted by you during the use of any Service offered through Site ("Permitted Information"), CxPlay does not want you to, and you should not, send any confidential or proprietary information to CxPlay on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms you agree that any information or material that you or individuals acting on your behalf provide to CxPlay other than the Permitted Information will not be considered confidential or proprietary.
• It is your responsibility to check to ensure that you download the correct Application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
• We allow you to open only one Account in association with the Registration Data provided by you. In case of any unauthorized use of your Account please immediately reach Us at support@cxplay.app
• In case, you are unable to access your Account, please inform Us at support@cxplay.appand make a written request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to the expiry of 72 (seventy-two) hours after you have made a request in writing for blocking your Account and shall not have any liability in case of Force Majeure Event.

IV. SERVICES

• You may order Our Services using Our Site. You will be charged the applicable fees set forth in the schedule of pricing, as may be prescribed from time to time.

• The Total Fee for the Services will be provided through the Site at the time the Services are ordered. You shall be subject to terms regarding minimum quantities to be ordered and minimum service fees, as detailed on the Site.


• Due to reasons such as Applicable Law, and limitations, the Services may not be available in all locations within a service area. We reserve the right to decline the Services for any reason in Our discretion. You will not be charged in such circumstances.
• By using the Site for availing the Service, you further agree that:
  1. you will only use the Service or download the Application for your sole personal use and will not resell or assign it to a third party;
  2. you will not use an Account that is subject to any rights of a person other than you without appropriate authorization;
  3. you will not try to harm the Service, Site or our network in any way whatsoever;
  4. you will provide CxPlay with such information and documents which CxPlay may reasonably request for and in relation to performance of Services by CxPlay;
  5. you will only use an authorized network to avail the Service;
  6. you are aware that when requesting Services, whether by message, via Site or calling the call centre of CxPlay, standard messaging charges, data charges, voice charges, as applicable, of your and Our phone network service providers, will apply;
  7. you will comply with all Applicable Law from your country of domicile and residence and the country, state and/or city in which you are present while using the Site or Service;
  8. you are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder;
  9. you must use our Services according to these User Terms. If you violate these User Terms, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the "Term and Termination" section below; and
  10. you must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of CxPlay, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by Us;
  11. you are responsible for keeping your device and your account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services
• CxPlay reserves the right to immediately terminate the Service and the use of the Application or booking on the Site in the event of non-compliance with any of the above requirements. Further, CxPlay will store the information provided by you or record your calls for contacting you for all Service-related matters. You should promptly inform CxPlay of any change in the information provided by you.
• CxPlay or an authorized representative of CxPlay, may provide information regarding Services, discounts and promotions provided by CxPlay to you by way of an SMS or email to your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. In order to discontinue receiving such information, you may at any point of contact at support@cxplay.app worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, host, store, use, copy, display, reproduce, adapt, publish, database rights or any other rights you have in your information, Posted Content (as defined below) and Accessed Content (as defined below) in any media now known or not currently known, with respect to your information. You agree and permit CxPlay to share your information and/or Permitted Information, with third parties.
• CxPlay will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or like those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the Services by CxPlay jointly and/or severally with the party/ies in joint venture. You hereby give your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
• You will also have the option to purchase CxPlay Passes and/or Venue Membership Plan through Site for attending/participating/accessing any of our Services, subject to terms and conditions more particularly set out on the Site being applicable at the time of your purchase.
  In this connection, you may note that any access to the classes/ sessions/events at venue centre(s), identified under your respective CxPlay Pass or Venue Membership Plan shall be subject to the availability and shall be accessible on first come first serve basis. You understand and acknowledge that you agree to all the terms and conditions (including cancellation and/or refund terms) of your pass/membership plan as detailed on the Site and shall strictly abide to the same while making your bookings through the Site.
  You agree that CxPlay retains an unconditional right to modify or amend terms and conditions in relation to your CxPlay Pass and/or Venue Membership Plan with prior notification to you via email/SMS or on the Mobile Application itself. Your continued use of the Site following the posting of such changes, shall constitute your consent and acceptance of those changes.

V. CONFIRMATION OF ORDERS

• CxPlay shall, upon receiving the Order request from you in the manner set out above, proceed to confirm or decline the Order based on the ability to provide Service which shall be informed to you vide an SMS or email. In the event the Order is confirmed, you shall check the Order details and if there is any incorrect detail, the same needs to be informed to us immediately on support@cxplay.app
• You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation of SMS or email or failure to inform CxPlay of the incorrect details immediately.

VI. PAYMENT

• CxPlay shall charge Total Fee for the Service which shall be determined and amended at the sole and absolute discretion of CxPlay.
• You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Fee.
• You shall be required to pay such Cancellation Fee in terms of Clause VII, which will form part of the receipt of the Total Fee.
• In addition to the Total Fee, you may be required to pay such other charges incurred by you for availing the Service in cash, which are not included in the receipt of the Total Fee.
• The Total Fee will be collected by CxPlay from you at the time of placing an order for the Service. However, it shall be the venue partner's responsibility to issue a tax invoice to you after receipt of payment for the Order.
• All applicable taxes in respect of the Order Value, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by you.
• CxPlay may enable you (on behalf of one or more additional co-Customers) to split the payment of the Total Fees for an Order between you and the other additional co-Customer (each a "Co-Payer") (the "Split Payment Service"). In order to participate in the Spilt Payment Service, each Co-Payer must have or register an Account on Site prior to making a payment of their respective share of the booking amount through the Site or in cash (or any other mode) to the venue owner (including its authorized personnel) where the right to play/attend/participate/access any sports event/session etc. is exercised.
• You shall choose to pay for the Total Fee by either of the following five methods:
  1. E-Wallet payment : CxPlay offers you the facility of making an online payment through an E-Wallet powered by a third-party payment processor ("Payment Processor"). E-Wallet money will not be applicable on Orders made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments in connection with your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that CxPlay engages for this purpose. CxPlay will not be responsible for any errors by the Payment Processor in any manner.
  2. Credit Card/ Debit Card/ Net Banking Payment: Total Fee shall be affected using the services of an entity providing payment gateway/processor services ("PG"), authorized by CxPlay. Such PG may either be CxPlay or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details ("Card Details") with the PG for the successful completion of payment towards Total Fee to CxPlay and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services are PCI-DSS (Payment Card Industry Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with your payment details. Your authorization further permits the PG to use your Card Details for the processing of transactions initiated by you at any of CxPlay’s affiliates. Your authorization will remain in effect as long as you maintain an Account with Us. In the event you delete your Card Details with the PG or if you delete your Account, the PG will not process any further transactions initiated by you at the Site or Application and at the sites of any of CxPlay’s affiliates. Your authorization under this Clause is subject to any other terms and conditions of the PG.
  3. Cash to the venue owner (or its authorized personnel) wherever applicable.
• Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between you and the Payment Processor/PG. CxPlay shall not be responsible for any unauthorized use of your E-Wallet or Card Details during or after availing the Services on the Site.
• Except to the extent otherwise required by Applicable Law, and as mentioned in Clause VI
  1. above, CxPlay is not liable for any payments authorized through the Site using your Card Details. Particularly, CxPlay is not liable for any payments that do not complete because :

     (1) your payment card or bank account or E-Wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the payment details provided;

     (2) You have not provided CxPlay with correct payment details;

     Your payment card has expired; or 

     (4) circumstances beyond CxPlay 's control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) preventing the execution of the transaction.

VII. CANCELLATION AND REFUND POLICY

• CxPlay does not set cancellation and refund policies for the events listed on behalf of the third-party service providers on its Site. We only take the responsibility that the third-party service providers must communicate its refund policy to you through our Site. The sole responsibility to issue refunds in accordance therewith shall be of such third-party service provider/seller of products. Consequently, your requests for refund of your Order should be directed to the third-party service providers with whom you make a booking through Our Site and in no event shall be directed to CxPlay. Any refund-related issues or disputes shall be strictly between you and the third-party service providers. CxPlay shall not be liable for any refund-related claims in connection with Services.
• In case you wish to cancel booking of an Order for a Service provided by a third-party service provider on CxPlay, then the booking amount shall be refunded as per the refund policy for that specific venue or that specific event or that specific Service.
• In addition to the above-mentioned cancellation charges, the refund shall be subject to the deduction of bank charges, i.e. 3% of the amount paid.
• For refund/cancellation of events, venues and Services organized directly by CxPlay :
  • You agree and acknowledge that once an Order has been successfully placed, you shall not be entitled to cancel your Order under any circumstances, except in cases where the specific venue, Services or event cancellation policy provides for cancellation, refund or rescheduling which can be accessed on the Site at the time of booking such venue/Services/event. In such cases, refunds or booking credits shall be processed in accordance with the applicable venue/Services/event specific cancellation policy.
  • You further agree and acknowledge that all the fees paid to CxPlay shall be non-refundable, non-saleable, non-exchangeable, non-transferable and non-adjustable under any circumstances, except as stated in Clause VII(d)(i) above.
  • In case an event or venue directly organized by CxPlay is cancelled, you will be issued a voucher for the full amount of booking which can be redeemed against any future bookings in CxPlay’s Site within six months from the date of cancellation.
• Refund for Order due to failed online ticket booking or other refund permitted under these User Terms will be processed within 7-10 working days.
• CxPlay reserves the right to change/modify this cancellation and refund policy without any prior notice at its sole discretion for any reason, including if required as per the applicable law.
• With regards to payments, the Site/CxPlay shall not be responsible for any unauthorized transactions conducted on our Site using your payment card or internet banking or any other method. The Site shall not be obligated to refund any money to you in such instances.

VIII. CUSTOMER RELATIONSHIP MANAGEMENT

• All issues, complaints, opinions, suggestions, questions and feedback while availing our Services shall be communicated to our support team. You agree to be fair, accurate, and non-disparaging while leaving comments, feedback, testimonials or reviews on or about the Services.

• Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue may not be addressed.
• You are competent to enter a contract under the Applicable Laws.
• Any issue reported on channels other than the above may be addressed by CxPlay only on a best-effort basis. CxPlay takes no liability for inability to get back on other channels. CxPlay shall endeavor to respond to your issues within 7 working days of your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on a severity basis, and certain may be resolved earlier than the other. However, CxPlay shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.

IX. FORCE MAJEURE

• CxPlay shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

X. INDEMNIFICATION

• By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold CxPlay, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents ("Indemnified Party") harmless from and against any and all claims, costs, damages, losses, liabilities, obligations, penalties, actions, judgements, suits, proceedings, expenses and disbursement of any kind or nature whatsoever (including attorneys' fees and costs and the defense, appeal and settlement of any and all suits, actions or proceedings instituted or threatened) arising out of or in connection with:
  1. your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein;
  2. your violation of any rights of any third party;
  3. your use or misuse of the Site or Service;
  4. any misrepresentation with respect to the data or information provided by you;
  5. failure to perform (either in whole or part) any obligations or responsibility including self-care required to be performed and ensured by you while availing the Services;
  6. any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by you to Us and/or a claim that the CxPlay’s use of such content infringes the intellectual property rights or privacy rights of a third party;
  7. any claim that your data or information or content or photograph or any material (whether written, graphic, sound, or otherwise) caused damage to a third party or affect their rights under Applicable Law.
• The right to indemnity of the Indemnified Party under this User Terms is separate and in addition to all such other rights that the Indemnified Party may have under Applicable Law or in equity or otherwise including but not limited to the right to seek damages and specific performance.

X. LIABILITY

• The information, recommendations and/or Services provided to you on or through the Site and call centre are for general information purposes only and does not constitute advice. CxPlay will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
• CxPlay shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of any information on the Site.
• CxPlay does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
• CxPlay shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with CxPlay. CxPlay will not be responsible for the appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding Order confirmation.
• In case of availing Split Payment Service, if any part of the Total Fees remains unpaid by a Co-payer while placing the Order, then, it shall be your sole responsibility to pay the Total Fees to Us and/or Our partner’s at the venue, as the case may be.
• In no event shall CxPlay be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if CxPlay has been advised of the possibility thereof.
• In addition, and without limiting the foregoing, to the fullest extent permitted by Applicable Law, in no event will CxPlay’s aggregate liability arising out of or in connection with these User Terms or the services rendered hereunder, whether in contract, tort (including negligence, product liability or other theory), warranty, or otherwise, exceed the amount of Order Value.
• If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of CxPlay shall be the minimum permitted under Applicable Law.
• You understand and agree that any material or data or content downloaded or otherwise obtained through the Site is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
• You acknowledge and agree that for the Secondary Services CxPlay’s involvement is restricted to suggesting Customers of relevant groups to connect with other players and find games. CxPlay hereby disclaims all liability with regard to quality of such games, events, safety and precautions undertaken at such events, security maintained, etc.
• You acknowledge and agree that access to Primary Services are facilitated through vendor(s) and the CxPlay Site does not have any control over the services, operations or management of the Primary Services or any products provided by our venue and/or vendor partners. We/Site hereby disclaims any and all liability arising out of your use of the Primary Services.
• We/Site hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from any of the Services provided by Us and/or Our vendor/venue partners respectively. Further, We make no representation that any of the Services provided by Us and/or Our vendor/venue partners are appropriate or safe for use. You agree that the Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries (including death) and/or any kind of losses. You hereby assert that Your participation is voluntary and that You knowingly assume all such risks and hence hereby release CxPlay, Site and its vendor/venue partners of all liability arising out of such afore mentioned risks.
• You acknowledge and agree to maintain decorum at all times while using any of our venues and not to engage in any activities which are illegal and/or altercations with any other persons using the venue at any time. You hereby assert that You will be solely responsible for engaging in such acts and/or altercations at the venue and hence hereby release CxPlay, Site and its vendor/venue partners of all liability arising out of such afore mentioned circumstances. In an event Your Order comprises a group of individuals; each of such individuals shall be bound by these User Terms.
• You confirm and agree that in addition to acceptance of these User Terms, your use and/or booking of the Services through the Site signifies your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, communicated or displayed on the venue centres of the third-party service provider. To the fullest extent permissible pursuant to applicable law, your use of the Services and your attendance at, participation in, purchase and/or use of the Services, is solely at your own risk and the We/Site does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the Services.

XII. APPLICATION LICENSE

• Subject to your compliance with these User Terms, CxPlay grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use and to use the Site.
• CxPlay shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of any information on the Site.
• You shall not
  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way;
  2. modify or make derivative works based upon the Service or Site;
  3. create internet links to the Service or frame or mirror the Site on any other server or wireless or internet-based device;
  4. reverse engineer or access the Site in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Service or Site, or copy any ideas, features, functions or graphics of the Service or Site; or
  5. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
• You shall not:
  1. send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws;
  2. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violation of third-party privacy rights;
  3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  4. interfere with or disrupt the integrity or performance of the Site, or Service or the data contained therein; or
  5. attempt to gain unauthorized access to the Site or Service or its related systems or networks.
• CxPlay will have the right to fully investigate and prosecute violations of any of the above laws. CxPlay may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that CxPlay has no obligation to monitor your access to or use of the Site, Service, Posted Content or Accessed Content of yourself or other Customers but has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. CxPlay reserves the right, at any time and without prior notice, to remove or disable access to any content that CxPlay, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site or the Service or its goodwill or acceptable business practices.

XIII. CONTENT POSTED AND SHARED BY CUSTOMERS/US

• CxPlay may accept posting any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site ("Posted Content") by you. Any success stories, comments, articles, testimonials, blogs, scribbles etc. posted/ uploaded/ conveyed/ communicated by you on the news feed or any dedicated place of the Site will also be considered as Posted Content. We may publish such Posted Content on our Site so long as you consent. You may request that such Posted Content be taken down at any time, and we shall remove such Posted Content. You represent that you have obtained all permissions and consents required to post the Posted Content, and such Posted Content complies with all requirements of the Posted Content and Applicable Law. CxPlay shall not in any manner be responsible for any actions taken by third parties/you in relation to the Posted Content. CxPlay does not claim ownership of the information that you submit to your CxPlay account or through our Services. You must have the necessary rights to such information that you submit for your CxPlay account or through our Services and the right to grant the rights and licenses in these User Terms.
• CxPlay may offer you the opportunity to get your photograph clicked (either single photo or in group with other users) or audio-videos may be made/created during a class Name/session in fitness centres/venues or at an event or during usage of any third-party websites or applications while taking fitness session or attending any event using or through Our Primary Services ("Photo & Videos") , as decided by CxPlay at its sole discretion. Such Photos and Videos may be clicked/made/captured by the venue/centre managers, or any individual authorized by CxPlay’s personnel or venue managers and shall be accessed and used in the manner stated herein below:
  1. Access to the Photos and Videos: You may access the Photos and Videos from your Account on the Site and may be allowed to tag yourself in the photos. We grant you a revocable, limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the Photo and Video according to User Terms. You acknowledge that the Photos and Videos shall be accessible to you and other users of the Site and to those users who have attended the said sports session/class Name/event/activity. The said users may be allowed to download or take a screenshot of the Photos and Videos. In the event, you choose to tag yourself in the photos; your username shall be visible / accessible to other users and attendees of the session. CxPlay disclaims any and all liabilities with respect to the misuse, loss, modification, unavailability of the Photos and Videos available on the Site.
  2. You hereby grant CxPlay an exclusive, transferable, royalty free, right to copy, irrevocable and worldwide license to use, copy, host, distribute, store, copy, share modify, perform, create derivative works and publicly display the Photos and Videos on Site and/or on any public forum including on social media platform at its sole discretion for instance, Facebook and Instagram. We reserve all rights, titles and interests not expressly granted to the fullest extent possible under Applicable Laws. Unless stated otherwise, all Photos and Videos are believed to be in the public domain as either promotional materials or publicity photos and videos as CxPlay may determine at its sole discretion.
  3. It is hereby clarified that CxPlay will not have access to information posted by you on groups created by you and/or the ones that you join through the Secondary Services offered on the Application. All such data will be end-to-end encrypted. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them. Your messages are stored on your device and not typically stored on our servers. Once your messages are delivered, they are deleted from our servers. The following scenarios describe circumstances where we may store your messages in the course of delivering them:
  4. You agree that when posting Posted Content or while viewing the any content of yourself or of other Customers, you will not:
     • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
     • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
     • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
     • Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
     • Conduct or forward surveys, contests, pyramid schemes or chain letters.
     • Download any file posted by/of another user that you know, or reasonably should know, cannot be legally distributed in such manner.
     • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
     • Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
     • Restrict or inhibit any other user from using and enjoying the Site.
     • Violate any code of conduct or other guidelines of Our or of Our third-party service provider which may be applicable for any particular Posted Content or any content accessible on the Site.
     • Harvest or otherwise collect information about others, including e-mail addresses, photographs, videos or material (whether written, graphic, sound, or otherwise) without their consent.
     • Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
     • use the content for any illegal purpose, and/or in any illegal manner.
     • edit, change, prepare any derivative work or alter in any way any of the content of other users of the Site.
     • Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
     • use the Photo and Videos for any illegal purpose, and any illegal manner; edit, change, prepare any derivative work of or alter in any way any of the Photo and Videos provided on the Site; or use them in any way that violates the User Terms or Applicable Laws.

XIV. INTELLECTUAL PROPERTY OWNERSHIP

• CxPlay alone (and its licensors or any third party, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to:
  1. the Site and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
  2. text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork and computer code in relation to the Site; or
  3. other information provided by you or any other party relating to the Site or the Service.
• Third party trademarks or any intellectual property may appear on this Site and all rights therein are reserved to the registered owners of those intellectual property. For use of any third party's intellectual property, you need to get permission directly from the owner of the intellectual property for any use.
• These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Site or the Service, or any intellectual property rights owned by CxPlay. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site.
• You may use information on the Site purposely made available by CxPlay for downloading from the Site, if you:
  1. do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
  2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
  3. do not make any additional representations or warranties relating to such information.
• You hereby acknowledge and agree that We exclusively owns all the intellectual property rights including copyright and other related rights in the Photos and Videos.

XV. LINKS

• If permitted by CxPlay, you may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Us. You must not use on your site or in any other manner any CxPlay trademarks or service marks or any content belonging to CxPlay and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
• The Services include and make use of certain functionality and services provided by third-parties that allow Us to include maps, geocoding, places and other content from Google, Inc. ("Google"), or third-party vendors like Google, as part of the Services (the "Geo-Location Services"). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth and by using the Geo-Location Services, you agree to be bound by Google’s terms of use.
• Our Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from Our Site, you do so at your own risk, and you understand that this agreement/User Terms and Our privacy policy do not apply to your use of such sites. You expressly relieve Us from any and all liability arising from your use of any third-party website or services or third party owned content.

Additionally, your dealings with or participation in promotions of advertisers found on our Site, including payment and delivery of goods/services, and any other terms (such as warranties) are solely between you and such advertisers. You agree that We shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We encourage you to be aware of when you leave the Service or Our Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

XVI. TERM AND TERMINATION

• Unless terminated in accordance with this Clause XVI, this agreement between CxPlay and you is perpetual in nature upon downloading the Application and for Order booked through the Site.
• You are entitled to terminate this agreement at all times by deleting your Account, thus disabling the use by you of the Site. You can close your Account at any time by following the instructions on the Site.
• CxPlay is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Site and the Service) if you:
  1. violate or breach or unethically manipulate or exploit any term of these User Terms or anyway otherwise acted unethically or upon receipt of a genuine complaint from another user/CxPlay’s affiliate or partner, or
  2. in the opinion of CxPlay, misuse the Site or the Service. CxPlay is not obliged to give notice of the termination of the agreement in advance. After termination, CxPlay will give notice thereof in accordance with these User Terms.
• Termination of this agreement will not prejudice accrue rights of either CxPlay or you.
• Clauses X (Indemnification), XI (Liability), XII (Application License), XIII (Contents Posted By Customers), XIV (Intellectual Property Ownership), XVI (Term and Termination), XXI (Notice) and XXIII (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.

XVII. SEVERABILITY

The validity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, considering the content and the purpose of these User Terms.

XVIII. CONFLICT

• In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between you and CxPlay, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.

XIX. DISCLAIMER

• CxPlay does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.
• We do not authorize anyone to make a warranty on Our behalf, and you shall not rely on any statement of warranty as a warranty by Us.
• CxPlay and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Service or the Site, or your reliance upon the Service or the information contained upon the Site (whether arising from CxPlay or any other person's negligence or otherwise).
• This Site, Application and all content on the Site and the Application are provided on an as is basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your access of the Site, that your access of the Site and availing of Services is at your sole risk, that you assume full responsibility for your access and use of the Site, and that CxPlay shall not be liable for any damages of any kind related to your access and use of this Site and/or Application.
• All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any, is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
• You acknowledge and agree that by accessing or using the Site or Services or any content on the Site, you may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Site.

XX. MODIFICATION OF THE SERVICE AND USER TERMS

• CxPlay reserves the right, at its sole discretion for any reason including if required as per the applicable law, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
• CxPlay shall not be required to notify you of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when CxPlay last modified the User Terms by referring to the Last Updated legend above. It shall be your responsibility to check these User Terms periodically for changes. CxPlay may require you to provide your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, your continued use of the Site, following the changes to the User Terms, will constitute your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.

XXI. NOTICE

• CxPlay may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address or a message on your registered mobile number, or by written communication sent by regular mail to your address on record in CxPlay’s account information.

XXII. DISCLAIMER

• You may contact CxPlay by electronic mail at Our email address support@cxplay.app.

XXIII. ASSIGNMENT

• You shall not assign your rights under these User Terms without prior written approval of CxPlay. CxPlay can assign its rights under the User Terms to any affiliate or third party.

XXIV. APPLICABLE LAW AND DISPUTE RESOLUTION

• These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or the Service(collectively, "Disputes") the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of CxPlay as CxPlay may designate.
• In the event the Dispute is not resolved internally between the parties after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by CxPlay and you. The place of the arbitration shall be Maharashtra, unless otherwise mutually agreed by CxPlay and you in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Maharashtra, India.