TERMS AND CONDITIONS OF SERVICE AND USE
YOUNG GUNS SPORTS , a Partnership Firm registered under the Partnership Act, 1932 having its office at MAZDA No. 25, 5th Cross, 10th main Marutinagar, Malleshpallya, New Tippasandra Post, Bangalore-560075, Karnataka, India, hereinafter referred to as the “Academy” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the Website http://www.younggunssports.in (hereinafter collectively referred to as the “Platform”).
i. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Firm, as the context so requires.
ii. “User/Parent” shall mean and refer to natural and legal individuals who use the Website and who is competent to enter into binding contracts, as per Indian laws. User shall comprise individuals, Parents of students of the Academy and representatives of schools and residential societies who access the Platform with an intent to seek information about the services provided by the Academy.
iii. “Services” refer to providing a Platform for Users to seek information with regard to services related to providing training and coaching in the sports including but not limited to Football, Basketball, Skating and all other sports as may be updated on the Platform from time to time.
iv. “The term “Platform” refers to the Website which provides information about the Academy and its services which include providing training and coaching in the sports of Football, Basketball and Skating.
i. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
iii. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
iv. The Academy reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
3. SERVICE OVERVIEW
The Academy shall act as a training institute which coaches children starting from the age of 2 in football, basketball and skating. The Users can access the Platform, to view information regarding the services provided by the Academy which involves which involves training coaching in the above-mentioned sports and also coaching for national and international tournaments. In addition to this the said Terms and Conditions of Service also aims at briefing the Users on the rules and regulations of the Academy and the standard of conduct expected from the students, parents and all other patrons.
The Platform is only for the purpose of providing information about the services of the Firm, the User can access the site to read the information. There is no provision for Registration on the site. A Google form is provided on the website which shall be construed as an admission form. The parents of students seeking admission into the Academy, have to either fill the digital version of the admission form i.e. the Google Form or the manual forms available at the at the office of the all the centres of the academy. If the parents/guardians choose to commence the classes for their children without filling the admission forms, it shall be construed that the parents/guardians have consented to the terms of the Academy specified on the admission forms.
a. The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
b. In the event of a minor accessing the Platform, it would be the responsibility of immediate guardian to monitor the minor’s use, the platform or the Company will not be liable for any consequences.
c. At all times admissions and enquiries have to sought by parents or guardians of minors. The Academy shall not entertain direct requests for admissions from minors.
a. The Content displayed on the Platform is created by the Academy and is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Academy who is the copyright owner.
7. RULES AND CODES OF CONDUCT OF THE ACADEMY
Users seeking admission for their wards in the academy shall at times abide by the rules and codes of conduct specified by the Academy. Any breach of the rules by either the parents/guardians shall result in the admission of the student being terminated by the Academy. The rules specified by the academy are set out herewith:
i. Admission fees must be paid with the duly filled admission forms after completion of the trial period for further commencement of classes.
ii. Admissions cannot be reserved prior to making payment and the same being approved by the branch/city head.
iii. If requisite fees are not paid after the completion of the trial period, the academy reserves the right to cancel the student’s admission.
iv. Parents are advised to retain safely the receipt provided for payment of fees as the same will act as a confirmation of admission and also stands as proof for payment of fees.
v. The fee charged at all the branches are fixed and no discount in any manner is provided unless specifically advertised by a branch.
vi. When fees for a student is not paid on time, the Academy shall have the discretion of enrolling another student in place of the defaulting student.
vii. Maintenance charges for the villa / apartment complex are over and above the regular fees charged by the Academy, they may vary from 5% to 25%. If the apartment/ villa complex modifies the fee, parents will need to comply with the new rules.
viii. The academy can revise the fees at any point of time their sole discretion. No consent for the same needs to be sought from the parents in this regard. All revisions of fees will be effective only prospectively and sufficient notice of revision on fee shall be provided to the parents.
ix. When a student joins in the middle of the academic term, the fees will be pro-rated.
x. The classes conducted during the trial period shall be free for students who do not wish to seek admission, for students enrolling after the trial session, fees will be counted from the date of commencement of classes, which shall include the trial class.
xi. Under no circumstances will be fees refunded by the Academy after payment has been approved.
xii. Fees should be paid on time, as soon as a co-ordinator notifies about the same. In case of failure to pay the fees, the academy shall have the right to cancel the admission of the student and bar/him or her from attending further classes.
xiii. Admission/ Consent forms will be provided through digital and offline modes. The same must be duly filled and signed. If the duly completed form is not submitted through digital or offline mode within one week of the student taking admission in the academy, the User will be considered as having accepted all the Terms and Conditions of the Academy.
xiv. The Academy shall provide 1 coach for every 12-14 children, if the academy feels the necessity only then an additional coach will be provided.
xv. The academy reserves the right to change coaches during the course of the batch. No request for refund will be entertained if a student is unable to adjust with the new coach.
xvi. The students and the parents are responsible for the personal belongings of the students. The Academy, coach or any of its employees shall not be responsible in any manner for the loss of any personal belongings of the students.
xvii. Parents are responsible for dropping and picking up their wards on time for the classes. The Academy, its employees or coaches will not responsible for the students waiting after class hours outside the turf.
xviii. Parents and students shall at all-times communicate in civil and polite manner with other students, coaches and employees of the Academy. Use of abusive language and unparliamentarily words is strictly prohibited within the premises of the academy or during the conduct of classes. The Academy shall have the right to terminate the admission of students who themselves or their parents violate this rule.
xix. The Academy shall have the sole discretion of merging or separating the batches, keeping in view the welfare of the students.
xx. If there is no sufficient strength in a particular batch, the academy can reschedule the timings of the said batch or merge it with another batches. This can be done solely at the discretion of the Academy
xxi. Closed shoes, shin guards and stockings are mandatory for all the children, the Academy is not liable for injuries caused if students are not wearing the prescribed safety gear.
xxii. The Academy has the right to prohibit access of students who are not wearing closed shoes to the astro turf.
xxiii. If students are found damaging the academy property or Apartment/villa property, such as nets, goal posts, drawing graffiti on the walls, parents will be held liable to compensate for the damages caused.
xxiv. Parents have to monitor the activities of their wards before commencement of the session and after completion of the same.
xxv. In case of students having special needs or medical needs, parents have to intimate the Academy and coaches of the same at the time of seeking admission, as this would enable the coaches and the Academy to take the needs of the child into consideration while planning the sessions.
xxvi. In case a student behaves violently during the course of the session, he/she may be removed from the class and asked to distress. This is done to avoid potential injury to the other students in the class.
xxvii. No additional classes shall be provided to compensate the missed classes. Exceptions shall be made only if the student has been suffering from serious health complications. The same shall be considered when supported with a medical certificate issued by a duly registered medial practitioner who is not related to the student in any manner. The final discretion to accept such requests shall solely lie with the academy. Maximum of 2 additional sessions are provided in every term.
xxviii. Where classes have to be terminated before completion of the scheduled time period due to rain or any other abnormalities in the weather, the class shall be considered as conducted. In case a class scheduled is cancelled by the academy, intimation of the same shall be provided to the parents and the missed will be compensated for.
xxix. When a session involves performing of higher intensity drills, the class shall end earlier than the scheduled time. The final decision with regard to the same shall vest with the coach conducting the session.
xxx. When a batch is full, all others seeking admission shall be kept in the waiting list. Waiting list would be cleared on a first come first serve basis and eligible persons would be contacted by the branch co-ordinators as soon as there is an opening. No means breaching the said rule would be entertained.
xxxi. Parents or students talking in abusive language or in harsh tones with the coaches/coordinators/City Heads etc., will not be acceptable under any circumstances by the Academy. Disregarding or violating the said rule shall lead to the termination of the admission of the student without prior notice and no refund of the fees shall be made in such cases.
xxxii. Under no circumstances can parents contact the coaches personally through phone, e-mail or social media. All queries are to address to the academy through phone or e-mail of the concerned branch.
xxxiii. Parents must be aware that injuries during play, are part of every sport. Coaches carry safety kits at all times, access of the same is provided to the parents at times of necessities. Coaches are also trained to take care of minor injuries on site.
xxxiv. The coaches and other authorised employees of the Academy may take photos or videos of the classes in progress or of the students, which shall be used for training feedback or marketing purposes only. If a parent does not wish their ward to be photographed, the same has to be intimated to the branch co-ordinator in writing at the time of seeking admission.
xxxv. The academy solely reserves the right to amend, modify or remove any of the terms and codes of conduct set out herein. No prior permission needs to be sought by the academy in this regard.
8. TERM & TERMINATION
a.These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
b. A User may terminate their use of the Services and the Platform at any time. But the fees paid to the academy for availing of the services, will not be refunded under any circumstances if the User decides to terminate availing the services midway through a session.
c. The Academy may terminate these Terms without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
d. Such suspension or termination shall not limit our right to take any other action against you that the Firm considers appropriate.
e. It is also hereby declared that the Academy may discontinue the Services and Platforms without any prior notice.
f. The Academy and its members reserve the right, in its sole discretion, to unilaterally terminate the User’s access to the Platform, or any portion thereof, at any time, without notice or cause.
g. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
a. By using this Services and Platforms, and providing his/her identity and contact information to the Firm through the Platform, the User hereby agrees and consents to receive calls, e-mails or SMS from the Firm and/or any of its representatives at any time.
b. Users can report to the Academy any grievances or suggestions that they have through e-mail, if any discrepancy with regard to Service-related information is found, the Academy will take necessary action after an investigation.The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Platform and that they:
a. Authorize the Platform to use, store or otherwise process certain personal information, reviews and ratings, experience stories for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
b. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform
c. Expressly agrees to make good any losses suffered by the Academy or platform which result as a consequence of any act committed by the User including but not limited to acts of fraud, unauthorized impersonation, and falsification of information
d. Agrees that they are accessing the Platform at their own risk with their prudent judgment and the academy or Platform shall not be responsible for any resultant losses suffered.
e. Agrees that the platform will be used by him solely for seeking information about the firm and its services.
f. At all times post reviews on the Platform or on any social media page of the Academy in civil language and abstain from using derogatory terms for the academy, its coaches or employees.
a. The User hereby expressly authorizes the Academy/Platform to disclose any and all information relating to the User in the possession of the academy/Platform to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Academy/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
b. The User agrees to use the services provided by the Firm, its affiliates, consultants and contracted companies, for lawful purposes only.
a. The Content on the Platform is without any promises or guarantees on the same by the Firm. The Firm bears no responsibility whatsoever for any consequences arising from the User choosing to avail the said Services after reading the information about it on the Platform. The Firm shall in no way be responsible for losses incurred due to reckless or incorrect use of the information provided on the platform.
b. The Content provided on the Platform is only for the purpose of reference and information, with an aim to create awareness about the services of the Firm.
c. All comments and feedbacks given by the readers or users of the platform portray the personal opinion of the Users, the Firm or Platform do not endorse the same in any manner.
d.Any advertisement available on e-mail or website with respect to the third-party website or the products and services is for information purpose only.
The User agrees to indemnify and hold harmless the Firm, its Partners, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violations of any provisions of the said Terms and Conditions, or any other claim related to your use of the Services, except where such use is authorized by the Firm.
13. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.
14. FORCE MAJEURE
Neither the Academy nor the Platform shall be liable for damages/refunds/carry forward of sessions/adjustment of classes/ compensations/fees adjustments for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, Pandemic, epidemic, government closure, labor shortage or dispute, Internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.The Academy will provide more details on the classes/sessions for compensations if possible. Decision of the Academy will stand final.
15. DISPUTE RESOLUTION AND JURISDICTION
a. a. It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
i. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
ii. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore.
b. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User by emailing to email@example.com
17. MISCELLANEOUS PROVISIONS
a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at firstname.lastname@example.org