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This document is an electronic record in terms of the Information Technology Act, 2000 and the allied rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signature/s.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires the publishing of the rules and regulations, privacy policy and Terms of Use for access or usage of the website, “www.thecoachcrew.com”.
The Gamchangers is a Partnership incorporated under the provisions of the Indian Partnership Act, 1932 with its registered office located at A 502, Serenity Tower, Off New Link Road, Oshiwara, Andheri (West), Mumbai – 400 102 (hereinafter referred to as “We”, “Us”, “The Gamechangers”, “www.thecoachcrew.com” or “Our”, which expression shall mean and include its affiliates, successors and permitted assigns). Your (hereinafter referred to as “You” or “Your”) use of the Website (defined below) is subject to the notices, terms and conditions set forth in these Terms of Use.
The domain name, “www.thecoachcrew.com” (hereinafter referred to as “the Website”) is owned by The Gamechangers, through its partners, Divesh Nathani and Gaurang Bajaj (hereinafter referred to as “the Partners”). Your use of the Website is governed by the terms and conditions (“Terms of Use”) as set out in this document and as applicable to the Website, including the applicable policies that have been referred to herein. You acknowledge and agree that You shall be subject to the policies that are applicable to the Website and by mere use of the Website, You shall be contracting with The Gamechangers, through its Partners. These terms and conditions, including the policies, constitute Your binding obligations, with the Gamechangers, acting through its Partners.
You hereby agree to be subject to the applicable rules, guidelines, policies, terms, and conditions and the same shall be deemed to be incorporated into this Terms of Use and be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice / intimation to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions, as carried out from time to time. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. YOU ARE HEREBY AGREEING TO ABIDE AND BE BOUND BY THESE TERMS OF USE THROUGH YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
These Terms of Use will be effective immediately upon Your use of Our Website. These Terms of Use shall be enforceable against You in the same manner as any written agreement.
We provide services that connect athletes with private coaches for coaching in various sports and other activities. These Terms contain all of the terms and conditions between Us and You, whether You are a “Coach Seeker” or a “Coach” (as defined below) and/or any other user of our Website, (hereinafter collectively referred to as “Users”) and governs the use of the service offered thorugh the Website (hereinafter referred to as “Services”). Use of our website and our Services indicates Your agreement with these Terms. If You object to anything in this Agreement, including Our Privacy Policy, do not use our website or the Services.
EMAILS, NEWSLETTERS AND NOTIFICATIONS
By registering with Us, you are agreeing to subscribe to Our newsletter(s) or receive notifications or e-mails from Us. We will use Your name and e-mail address provided by You in this regard. However, You may choose to stop receiving Our newsletters by following the instructions to unsubscribe as mentioned in our e-mails addressed to You or You can contact Us at info@thecoachcrew.com.
For the purpose of using certain aspects of the Site, you may be required to register with Us by creating a user profile using a “User ID” and password. The Website may also allow you to use your Facebook/ Twitter/ Gmail profile as your login preference; however, We do not post or publish anything on your Facebook/ twitter/ Gmail profile without your prior permission. You hereby undertake that the information provided by you, including the KYC documentation, if and when sought by Us, is genuine and true. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You agree not to use as a User ID / domain name / project name, any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. We reserve the right in our sole discretion to refuse registration of or cancel a User ID / domain name / project name. You are solely responsible for activity that takes place through your account and You shall be responsible for maintaining the confidentiality of Your password for the Website. You agree to never use another user account without the other User’s expressed permission. You agree to immediately notify Us in writing of any unauthorized use of your account, or other known account related security breach. We shall not be responsible/ liable for any activity that takes place through your account by an unauthorized entity. If You choose to register as a Coach or a Coach Seeker (as defined in section 2, below) through our Services then You will become a “Member” of CoachUp for the term of Your registration. This Agreement, together with the terms of Your registration agreement will govern Your relationship with us and Your use of our Services during the term of Your Membership.
The Services offered by Us consist of a communications platform for enabling the connection between individuals seeking private coaching services (“Coach Seekers”) and/or individuals or companies providing coaching services (“Coaches”). Coach Seekers may use the Services for themselves or to arrange coaching for children less than eighteen (18) years of age (“Minor Athletes”). The Service provides a place for Coaches to list their services and experience, and for Coach Seekers to review the skills of Coaches for a potential match. We do not take part in the interaction between Coach Seekers (and Minor Athletes, as applicable) and Coaches except to provide this forum for information sharing and to collect payments on the behalf of Members who seek to be matched through our Services.
Users and Members represent, understand and expressly agree that We does not have control over the quality, timing, legality, characteristics or any other aspect whatsoever of the coaching services actually delivered by any Coach, nor of the integrity, responsibility or any of the actions whatsoever of the Coach Seekers (and Minor Athletes, as applicable). We make no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Coaches or Coach Seekers (and Minor Athletes, as applicable) whether in public, private or offline interactions, or arranged through our Services. We do not assume any responsibility for the accuracy or reliability of any information provided through this website or our Services, or by Coaches or Coach Seekers who use our Services. We do not assume and expressly disclaim any and all liability that may result from the use of any information provided through this website and our Services or through Coaches or Coach Seekers listed with Us. We are not responsible for the conduct, whether online or offline, of any User of this website or any User or Member of the Service. All Users and Members, including both Coach Seekers (and Minor Athletes, as applicable) and Coaches do hereby expressly agree not to hold Us (or the Partners, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter “Affiliates”) liable for any instruction, advice or services delivered which originated through the Website and We and our Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or relate in any way to this website, our Services, the information provided through this website and the services provided by or to any User of this website or our Services.
Providing or Accepting Coaching Services Not Arranged Through CoachUp
Coach Seekers and Coaches agree and acknowledge that in cases where the parties have initially been introduced through the Service, it is an express violation of these Terms for either party to offer or accept the provision of coaching services between the parties without arranging such coaching services through the Service. Verification of such an arrangement may result in the immediate termination of the applicable Members’ accounts.
Our Services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors or anyone under the age of eighteen (18). The Website and our Services are currently available only to citizens of the Republic of India and/or any individuals who are legally in the jurisdiction of the Republic of India and, with respect to Coaches, those that may legally work within the jurisdiction of the Republic of India. By registering as a Member and/or using the website or our Services, You represent and warrant that You are of legal age as described above, and that You have the right, authority and capacity to enter into this Agreement and that You commit to abide by all of the terms and conditions of this Agreement (including any posted changes to these terms and conditions). If You are a Coach Seeker using the Services to arrange coaching for Minor Athletes, You represent and warrant that You are the parent or legal guardian of each Minor Athlete, or that You have the permission of the parent or legal guardian of all Minor Athletes who will participate in any coaching arranged through the Services.
You represent and warrant that You (a) have never been the subject of a complaint, restraining order or any other legal action involving criminal activity or alleged criminal activity, and You have not been arrested for, charged with, or convicted of any felony, or any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity. Persons who have been involved with activities described in “(a)” or “(b)” above are NOT eligible to participate in our Services or to be or become Members.
We may provide your information to third parties, at the express request of a Member of the Website, who needs the information to process Your orders, conduct criminal background, sex offender or other checks on a Member’s credentials or personal history (“Background Checks”) or to provide services (such as for payment processing in connection with Your Membership). Any such third parties will only use Your personally identifiable information in connection with the fulfillment of services or to perform Background Checks, or in connection with the disclosure of the results of such Background Checks as authorized by Your acceptance of Our Terms of Service, or to communicate with You about the services.
The Website or The Gamchangers do not provide any services for Background Checks. If you desire to get any Background Checks done from a third party, you may do so at your own cost and risk. The acceptance of the provisions of the Website Documents is deemed to be an acceptance by the Members of the Website to provide such information as may be required for the pruposes of a Background Check by one member of the Website to the other .
The Gamechangers, its partners or the Website shall not be liable in any manner whatsoever for any act done by the Coaches or the Coachseekers. You are availing the services at your own peril and risk, if any.
We may seek the services of a Coach through the use of the Website. In the event that a Coach Seeker and a Coach agree on the provision of services such agreement is solely between the Coach Seeker and the Coach except as otherwise described in this Agreement. We are not a party to any agreement between Coaches and Coach Seekers. Any issues concerning the services received by the Coach Seeker (and Minor Athletes, as applicable) or payment due to the Coach (except to the extent that such issue relates to the Services or Our role as a payment conduit) or any other issue(s) must be resolved directly by the Coach Seeker and the Coach.
WE WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES, INCLUDING PAYMENT FOR COACHING SERVICES PROVIDED BY A COACH EVEN IF SUCH SERVICES ARE THE RESULT OF COACH AND COACH SEEKER (AND MINOR ATHLETES, AS APPLICABLE) MEETING THROUGH OUR SERVICES. BY USING THIS WEBSITE AND OUR SERVICES, USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD US HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER(S) OF THE WEBSITE INCLUDING WITH ANY OTHER MEMBER, COACH, COACH SEEKER, OR MINOR ATHLETE.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, ALL COACHES PROVIDED THROUGH THIS SERVICE EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER ARISING OUT OF, AND COACH SEEKERS (FOR THEMSELVES AND ON BEHALF OF MINOR ATHLETES, AS APPLICABLE) HEREBY EXPRESSLY RELEASE AND WAIVE ALL CLAIMS DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED THAT COACH SEEKER OR MINOR ATHLETE MAY HAVE AGAINST ANY COACH ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES PROVIDED BY ANY OTHER MEMBER, INCLUDING ANY COACH, INCLUDING SUCH CLAIMS RELATED TO PAYMENT FOR COACHING SERVICES PROVIDED BY A COACH, OR ANY HARM, DAMAGE OR INJURY CAUSED BY SERVICES PROVIDED BY ANY COACH CONTRACTED THROUGH OUR SERVICES, EVEN IF SUCH SERVICES ARE THE RESULT OF COACH’S NEGLIGENCE, INCOMPETENCE, INTENTIONAL MALFEASANCE, OR OMISSION. BY USING THIS WEBSITE AND OUR SERVICES, USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD ANY COACH HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER(S) OF THE WEBSITE INCLUDING WITH ANY OTHER MEMBER, COACH OR COACH SEEKER.
You hereby agree not to use the Website for any purpose that is prohibited by the Terms of Use or law. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:
(1) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
(2) you know is false, misleading, or inaccurate;
(3) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
(4) constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
(5) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Enterprise or any third party; or
(6) impersonates any person or entity, including any employee or representative of the Enterprise.
We reserve the right at any time and from time to time, in Our sole discretion, to modify the content on the Website or any part thereof, including the transmission of any related materials or documentation, with or without providing prior notice to You. We further reserve the right at any time and from time to time, at Our sole discretion, to alter, modify or terminate any content or features contained on the Website without providing to You prior notice of such alteration, modification or termination. You hereby agree that We shall not be liable to You or to any third party claiming through You, for any claim arising out of or as a direct / indirect result of any modification of the content or features provided on the Website.
We use various technical systems for providing You access to and for the purpose of facilitating Your use of the Website. These systems may encounter technical or other limitations and Our hardware systems might experience interruptions. Further, in Our constant efforts to serve You in a best possible manner, We will enhance and improve these systems from time to time. We may also add additional features and functionality to the Website that may result in the need to develop or license additional technologies. Increased utilization of the Website or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You hereby agree that We shall not be liable to You or to any third party claiming through You, for any claims arising out of failures contemplated herein.
Your use of the Website is governed by Our Privacy Policy, which can be located at www.thecoachcrew.com/privacy
Please read Our Privacy Policy to understand the usage of the information collected by Us from You.
The Website may contain link/s to various other websites. These link/s are provided solely for Your convenience and benefit. Wherever such link/s lead to websites that are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. You hereby agree to access these websites / links at your own risk. We do not in any way endorse the linked websites.
Similarly, the Website may be made accessible through a link created by other websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to the Website are necessarily the same or similar to the idea, concept, aim or purpose of the Website or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s is derogatory in nature to the objectives, aims, purposes, ideas and concepts of the Website, is utilized to visit this Website and such event is brought to the notice or is within Our knowledge, civil or criminal remedies as may be appropriate shall be invoked.
You are expressly prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for You or logging into an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or attempting to interfere with service to any user, host, or network.
You shall not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (together “Viruses”) to the Website. You must not attempt to gain unauthorized access to our Website, the server on which the Website is stored or any server, computer or database connected to this Website.
By breaching the provisions of this Clause “Security”, you may be liable to be prosecuted under the Information Technology Act, 2000 and other applicable law. We will report any such breach to the relevant law enforcement agency and we will co-operate with such agencies by disclosing Your identity to them. In the event of such a breach, Your rights to use this Website will cease immediately.
We will not be liable for any loss or damage caused due to breaches of our systems as contemplated herein that may infect your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
In the event it is determined by Us that You have violated any of these Terms of Use, We shall have the right, at Our sole discretion, to suspend Your use of and prohibit access to any or all features / parts of the Website forthwith. Any such suspension or termination of access to Website may be effected by Us without providing You with a prior written notice in this regard. Upon such termination of access to the Website, these Terms of Use, as applicable to You, will be deemed to have been terminated.
We do not endorse or act on behalf of any third party. In the event You engage the services of / interact with any third party, through the Website, We shall not be liable to You for any act or omission by such third party in relation thereto.
We hereby expressly disclaim all warranties and representations of any kind with respect to any and all content and features available on the Website.
We shall have no liability for any loss/es, direct or indirect, in contract, tort, or otherwise, incurred in connection with the content on the Website, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance upon the content of the Website.
You agree to indemnify and hold Us harmless from any claim or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of Your use of the Website, the violation of the terms of this Agreement by You, or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted / transmitted by You on the Website.
Your obligations under this Clause “Disclaimer of Warranties and Limitation of Liability” shall survive the termination of these Terms of Use in accordance with Clause “Termination” above.
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein. The courts at Mumbai, India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with these Terms of Use. The content on the Website is appropriate to be used or accessed from within the jurisdiction of the Republic of India. The Gamechangers does not assure compliance with laws outside the jurisdiction of Republic of India.
If any dispute arises between The Gamechangers and/ or its Partners and You during the subsistence of these Terms of Use or thereafter, in connection with or arising out of the validity, interpretation, implementation or alleged breach of any provision of these Terms of Use or regarding a question, such dispute shall be referred to and finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996
Such arbitration shall be presided by one (1) arbitrator, who shall be appointed by The Gamechangers. The venue of arbitration shall be Mumbai, India.
The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
You hereby agree and accept that the decision of the arbitration proceedings shall be final and binding upon you and no appeal to any court of law shall arise out of the same.
If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
These Terms of Use, read with the Privacy Policy, comprise the full and complete agreement between You and The Gamechangers, through its Partners, with respect to the usage of the Website and supersedes and cancels all prior communications, understandings and agreements between You and The Gamechangers, through its Partners, whether written or oral, expressed or implied with respect thereto.
