II. USE OF PLATFORM AND SERVICES
Membership eligibility criteria.
You need not register with TechMash to simply visit and view the Playo Platform, but to access and participate in certain features of the Playo Platform, you will need to create a password-protected account ("Account"). To create an Account, you must submit your name, mobile number and/or email address through the account registration page/screen on the Playo Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but maybe helpful to TechMash in providing you with a more customized experience when using the Playo Platform. You may also register for an Account using your existing Facebook, Google, Twitter or any such other account and log-in credentials (your"Third-Party Site Account"). An Account holder is sometimes referred to on the Playo Platform as"Registered User".
Use of the Playo Platform is available only to individuals who are capable of forming legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Playo Platform and Services offered by the Playo Platform do not violate any applicable law or regulation. Your Account may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. Further, if you are not of the authorised age and you access the Playo Platform, please be aware that it shall be assumed that your usage was authorised by such person, who is your parent or guardian and that such person has supervised your usage.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account. You shall notify TechMash immediately in case of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without prior consent from TechMash. You agree that you will not misrepresent yourself or represent yourself as another User of the Playo Platform. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, TechMash or any others as a result of unauthorized use of your Account.
Use of the Platform. You agree, undertake and confirm that your use of the Playo Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
belongs to another person and which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to any content which is in violation of the provisions of the Indian Penal Code, 1860;
is misleading or misrepresentative in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Playo Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Playo Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
interferes with another User's use and enjoyment of the Playo Platform or any third party User and enjoyment of similar services;
harm minors in any way;
infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
violates any law for the time being in force;
deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
is false, inaccurate or misleading;
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
You shall not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, data harvesting, 'framing' (iframes), article 'spinning') on or in relation to the Playo Platform without express written consent from TechMash.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Playo Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Playo Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Playo Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Playo Platform, or any other systems or networks connected to the Playo Platform or to any server, computer, network, or to any of the services offered on or through the Playo Platform, by hacking, "password mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Playo Platform or any network connected to the Playo Platform nor breach the security or authentication measures on the Playo Platform or any network connected to the Playo Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Playo Platform, or any other Buyer, including any account on the Playo Platform not owned by you, to its source, or exploit the Playo Platform or any service or information made available or offered by or through the Playo Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Playo Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'TechMash', or otherwise engage in any conduct or action that might tarnish the image or reputation, of TechMash on the Playo Platform or otherwise tarnish or dilute any of TechMash's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Playo Platform or TechMash's systems or networks, or any systems or networks connected to TechMash.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Playo Platform or any transaction being conducted on the Playo Platform, or with any other person's use of the Playo Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Playo Platform or any service offered on or through the Playo Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000, India and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to goods and service taxes, income tax, and local levies) regarding your use of our Service and your listing, purchase, solicitation of offers to avail our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
We will monitor the your messages and interaction on the Playo Platform and you indulged in in any form of advertising or solicitation, we reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Playo Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Playo Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Playo Platform. Please note that TechMash does not warrant the quality or performance of any products of services which are hosted on the Playo Platform. Users are encouraged to exercise their personal discretion while choosing any product or service available on the Playo Platform.
It is possible that other Users (including unauthorized Users or 'hackers') may post or transmit offensive or obscene materials on the Playo Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Playo Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Playo Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Playo Platform. Please carefully select the type of information that you publicly disclose or share with others on the Playo Platform.
III. TERMS OF SERVICE
You acknowledge and agree that TechMash facilitates the hosting of products, services, events and arenas which are offered by third party providers ("Service Provider") and TechMash does not:
Make any warranties, whether express or implied of the quality of the products, services, events or arenas which are offered by the Service Providers;
Endorse, or confirm that a certain product, products, services, events or arenas which are provided or offered by the Service Provider, confirm to a certain quality or has been rated in a certain format; ;
Assume any liability if the products, services, events or arenas provided by the Service Provider do not meet the expectation of the User of if the User suffers any loss or damage, including any bodily injury as a consequence of using such products, services, events or arenas;;
Assume any liability in the event of any change, alternation, amendment or replacement to the products, services, events or arenas offered by the Service Provider.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
The Playo Platform is not equipped or authorised to conclude any financial transaction. All payments shall be made through the payment gateway. TechMash will conduit the payments received through the payment gateway, or such other authorised payment system, to the Service Provider. The receipt for such payment shall be directly issued to you by the Service Provider. Please ensure that you claim an invoice from the Service Provider.
You agree not to attempt to impose liability on, or seek any legal remedy from us with respect to any actions or omissions of the Service Provider.
Payments made through the Playo Platform will not be refunded for any reason including for not purchasing, or availing any products, services, events or arenas.
Information provided by the Playo Platform shall be updated on a regular basis subject to the same being provided to us by the Service Provider. If the Service Provider amends, alters or withdraws any product, service, venue or arena and the same is not updated on the Playo Platform at the time of the User availing such products, services, events or arenas, then Service Provider shall ensure the replacement of the products, services, events or arenas with an equivalent offering or to refund the money receive from the User
The Playo Platform can be used to procure or avail products, services, events or arenas within select cities in India. The Playo Platform will provide and facilitate access only to those Service Providers who are registered on the Playo Platform. As we are providing Services in the select cities in India, we have complied with applicable laws of India in making the Playo Platform and its content available to you. In the event the Playo Platform is accessed from outside India or outside our operating zones, it shall be entirely at your risk. We make no representation that the Playo Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Playo Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Playo Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Playo Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant permission to TechMash to receive promotional/transactional SMS and e-mails from TechMash or allied partners.
By using the Playo Platform you represent and warrant that:
All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
Your use of the Playo Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other Users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
Notwithstanding its reasonable efforts in that behalf, TechMash cannot take responsibility or control the information provided by other Users which is made available on the Playo Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Playo Platform.
V. ACCESS TO THE PLATFORM, ACCURACY AND SECURITY
We endeavour to make the Playo Platform available 24/7. However, we do not represent that access to the Playo Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Playo Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Playo Platform or your obtaining any material from, or as a result of using the Playo Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Playo Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Playo Platform to you personally, or to all Users temporarily or permanently at any time without notice.
VI. RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES
In the event the Playo Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an"Operator").
Your download, installation, access to or use of the Playo Platform is also bound by the terms and conditions of the Operator.
We are solely responsible for providing any maintenance and support services with respect to the Playo Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Playo Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Palyo Platform or your possession and/or use of the Palyo Platform, including, but not limited to: (i) any claim that the Playo Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the Playo Platform or your use of the Playo Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
The Playo Platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Playo Platform or delay or errors in functionality of the Playo Platform. As a result, we do not represent that the information posted is correct in every case.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
You acknowledge that third party services are available on the Playo Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. however, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third parties services.
Apart from a cursory background verification, TechMash does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Playo Platform and use your best judgment in that behalf.
While the materials provided on the Playo Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information or Services provided on the Playo Platform. In this regard, you acknowledge that the Services offered by the Playo Platform concern activities that carry an inherent risk. However, we merely provide a booking platform to facilitate such activities and in no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the Services contained herein.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party through the Playo Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. However, we will attempt to refund any amount paid by the User, at our sole discretion, and our liability in this regard, if any will be limited to just the amount paid by the User with respect to the said booking on the Playo Platform.
Nothing in these disclaimers limits the liability of TechMash in respect of:
Death or personal injury caused by the negligence of or its agents or employees;
Fraud or fraudulent misrepresentation by its agents or employees;
Any matter which it would be illegal or unlawful for it to exclude or limit, or to attempt or purport to exclude or limit, its liability.
VIII. BREACH OF TERMS
Effect of Termination.
If you provided a valid email address during registration, TechMash will notify you via email of any such termination or cancellation, which shall be effective immediately upon TechMash's delivery of such notice.
You agree to indemnify and hold TechMash and its officers, managers, Registered Users, affiliates, successor, assignees, directors, agents, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of such Termination.
We may any time at our sole discretion reinstate suspended/terminated Users. A terminated User may not register or attempt to register with us or use the Playo Platform in any manner whatsoever until such time that such User is reinstated by us.
IX. INTELLECTUAL PROPERTY
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Playo Platform, and in the material published on it.
You may print off one copy, and may download extracts, of any page(s), files or other content from the Playo Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Playo Platform.
You must not redistribute any material from the Playo Platform and where it has been specifically and expressly made evident by TechMash that certain content is specifically made available for redistribution, it may be redistributed only within your organization, and as intended by TechMash.
You must not republish material from the Playo Platform on any other print or digital media platform, or display in material on the Playo Platform in public. You must also not republish or reproduce any material from the Playo Platform through the use of iframes or screenscrapers.
You must not modify or edit any materials you have printed off or downloaded from the Playo Platform, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use, reproduce, duplicate, copy, sell, sub-license or rent out any part of the materials on the Playo Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
X. TREATMENT OF USER CONTENT
XI. THIRD PARTY CONTENT
XIV. GOVERNING LAW AND DISPUTE RESOLUTION
XV. CONTACT US
This document was last updated on 24 November 2017.