Effective Date: 17 December 2024
Welcome to Gear Up Club (formally known as Playcore Innovation Private Limited)! We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully.
The Gear Up Club websites, related mobile applications, and services (collectively, the “Services”) are made available to you subject to these Terms of Service (the “Terms”), which includes the Acceptable Use Policy, and in accordance with the Privacy Policy.
You agree to comply with these Terms and any supplemental terms which Gear Up Club makes available to you on the Services, which shall form part of the Terms. Gear Up Club reserves the right to review accounts and user actions on the Services to ensure compliance with our Terms.
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Gear Up Club are resolved, including an agreement to arbitrate, which will require you to submit claims you have against us to binding and final arbitration and limit you to claims against Gear Up Club on an individual basis, unless you opt-out in accordance with the instructions below.
The Services are intended solely for persons who are at least 18 years old or such higher age as required in your country to use the Services. If you are under the legal age to form a legally binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. In doing so, you agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that Gear Up Club may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms and our Privacy Policy. You also agree to create only one account for your own personal use and not share your account or Gear Up Club subscription with others. You agree that all activities associated with your account on the Services reflect authentic activities undertaken by you. If you provide any User Data that is inaccurate or not current, you have created multiple accounts, or Gear Up Club has reasonable grounds to suspect that such User Data is inaccurate or not current, Gear Up Club has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. You agree to immediately notify Gear Up Club of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to Gear Up Club. The use of unique and complex passwords is highly recommended for security reasons.
You may register for or log-in to your account via a third-party network, such as Facebook, Google, or Apple. If you do so, you will authorize Gear Up Club to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account, based on those companies’ privacy policies. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
By virtue of certain of the Services connecting to third-party APIs, you hereby agree to be bound by those providers’ terms of service and privacy policies in connection with your use of such Services.
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third-party platform, like Apple App Store or Google Play, or any other payment method made available by Gear Up Club) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks, and payment processors to receive, store, and encrypt your payment information. If you paid through the Google Play or Apple App Store, you may change your Payment Method through the corresponding store account.
No refunds or credits will be provided by Gear Up Club, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via info@gearupclub.in.
In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, are payable in advance. Changes in rates will take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with your Gear Up Club account, whether on a one-time or subscription basis. Gear Up Club reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.
In order to book arena slots, you need to make the payments, along with any required taxes, in advance. The arena booking charges are defined by arenas and Gear Up Club to provide you necessary services as per the quality standards. Gear Up Club reserves the right to increase the booking fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Users can claim refund on cancellation as per the Cancellation Policy given below.
If you signed up on Gear Up Club, you may cancel your subscription by visiting your “Profile” page and selecting “Cancel Subscription.” If you signed up through the Google Play or Apple App Store, you may cancel your subscription through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.
If you book arenas on Gear Up Club, you may cancel your booking by visiting your “My Transactions” page and selecting “Cancel Booking.” As per the cancellation policy given below, we may deduct some or full amount before processing the refund. Please refer to Return and Refunds Policy for more details.
Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, unless otherwise specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method if you cancel prior to the end of your free trial period.
Gear Up Club may make certain features available to you as part of a beta release, early access program, or similar opportunity to test or use product functionality ("Beta features"). Beta features may not be supported and may require you to update your version of the Services. Use of Beta features is at your own risk and you understand that they may contain errors, design flaws or other problems. The Your Feedback section of this policy applies to any feedback you provide related to Beta features. Beta features may be changed or deprecated, and we may remove access at any time without notice.
You own, or otherwise have the right to grant the rights and licenses set forth in these Terms, the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third-party API. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content and/or your account.
You agree that Gear Up Club is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms or is otherwise illegal or contrary to applicable law, you may bear legal responsibility for that Content. As between you and Gear Up Club, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Gear Up Club is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Gear Up Club in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Gear Up Club other than as set forth in our Privacy Policy and your privacy controls, and Gear Up Club will not be liable for any use or disclosure of any Content you provide.
The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. Gear Up Club will maintain the privacy of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.
You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third-party products, services, or devices, in ads, offers and other commercial contexts on the Services without compensation to you. For example, we may show your Gear Up Club followers that you use a certain device, product, or service available from a third-party that has paid us to display its ads on Gear Up Club. You may reach out to us at info@gearupclub.in and let us know if you want to prevent your profile name and profile photo from appearing in an ad.
As noted in our Privacy Policy, we may suggest games, locations, challenges, or arenas on Gear Up Club that may interest you, users that you may want to follow, or new features that you may want to try. We also use algorithmic ranking to determine what type of content (such as activity, post, route recommendation) to show in your feed. The main parameters for these recommendations can include your sport type, user engagement with the content type (e.g., impressions, clicks), activity features (e.g., activity uploads, average run distance), app usage (e.g. challenge joins, club joins), and basic demographic information (age, gender, tenure), and location information where relevant to the recommendation (e.g., for challenge and route recommendations), as well as your network (someone you follow joined this Group). For example, we may recommend challenges to you based on similar challenges you have viewed or clicked on, as well as past challenges you have joined, and challenges people you follow have joined.
In addition, depending on your settings, we use algorithmic ranking to determine the order of activities that appear in your feed.
Gear Up Club’s Acceptable Use Policy describes restrictions on content and conduct and is incorporated by reference into these Terms. You agree to comply with this policy. You understand that you, and not Gear Up Club, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Gear Up Club may, in accordance with applicable law, screen, monitor, hide, restrict, refuse or remove any Content that violates the Terms or is otherwise objectionable. Please note, this does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Services, you may be exposed to Content that is offensive, indecent, objectionable or illegal. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content. If you believe Content posted to the Services violates our standards or these Terms, please report it to us at info@gearupclub.in. We will take necessary action against Gear Up Club accounts that are found to be in violation of these Terms and our standards.
The Services function as a venue to connect Gear Up Club users in a virtual information place. As a neutral facilitator, Gear Up Club is not directly involved in the actual interactions between users using the Services. As a result, Gear Up Club has no control over the truth, accuracy, quality, legality, or safety of postings made by users using the Services. Gear Up Club shall have no responsibility to confirm the identity of users. Gear Up Club shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users using the Services. You shall at all time exercise common sense and good judgment when dealing with any athlete using the Services.
If you elect to use our features to inform your contacts about the Services, track your activities via Gear Up Club, or share your information with others, Gear Up Club may require you to provide contact information. Gear Up Club may use the contact information you provide to send emails or text messages. You represent that you are authorized to provide any third party contact information that you provide to Gear Up Club, that you are authorized to use such information to contact (including for Gear Up Club to contact on your behalf) the third party and that Gear Up Club may process such information pursuant to the Privacy Policy.
Gear Up Club lists and facilitates booking on behalf of Sports Arenas, after verifying them. Gear Up Club may choose to perform advanced due diligence on certain arenas. We reserve the right to remove a content, page or other data related to Sports Arenas if found violating out guidelines.
If you, as the administrator of your sports arena, are responsible for ensuring that your arena: (a) abides by these Terms of Service, Acceptable Use Policy and our Community Standards; (b) does not claim, suggest an affiliation with, or impersonate Gear Up Club whether by using Gear Up Club intellectual property or otherwise; (c) has the right to use or post all content, third party or otherwise, including rights to use name(s), logo(s), images, trademarks, trade dress, service marks, copyrights, or other intellectual property; and (d) does not, in Gear Up Club sole discretion, use the arena to inappropriately advertise or promote any contests, sweepstakes, or other promotions. Arena administrators hereby agree to indemnify and hold Gear Up Club harmless from any and all claims arising out of your Arena, including but not limited to claims of intellectual property infringement.
Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Gear Up Club. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT GEAR UP CLUB SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
Gear Up Club or third parties may provide links to other internet sites or resources through the Services. Gear Up Club does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Gear Up Club is not responsible for the availability of such external sites or resources.
The Services may provide you with the ability to send or post messages or send communications to third party service providers, advertisers, your personal contacts, other users and/or Gear Up Club. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Gear Up Club provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) depending on your account settings and method of communication, communications methods used by you may constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not endorsed, sponsored or approved by Gear Up Club (unless expressly stated otherwise by Gear Up Club) and (c) Gear Up Club may pre-review, post-review, screen, archive, or otherwise monitor communications in accordance with and to the extent permitted by law. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Gear Up Club or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
Gear Up Club grants you a limited, personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Gear Up Club.
THE TERM GEAR UP CLUB, THE GEAR UP CLUB LOGO, THE LOOK AND FEEL OF THE SERVICES, AND ALL OTHER GEAR UP CLUB LOGOS AND PRODUCT AND SERVICE NAMES ARE THE EXCLUSIVE TRADEMARKS OF, AND ARE OWNED BY, PLAYCOPRE INNOVATION PVT. LTD., and you may not use or display such trademarks in any manner without Gear Up Club prior written permission. Any third-party trademarks, service marks, product names, company names, or logos displayed on the Services are the property of their respective owners. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Gear Up Club.
Gear Up Club reserves all rights not expressly granted hereunder.
If you believe in good faith that materials hosted by Gear Up Club infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Gear Up Club to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Gear Up Club will not respond to complaints that do not meet these requirements. If Gear Up Club determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Gear Up Club will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
Notices and counter-notices with respect to the Services must meet the then-current statutory requirements and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement:
Playcore Innovation Pvt Ltd
Unit -M1, Venture X Workspace,
Sector 67, Gurugram,
Haryana - 122018
+91-8887541355
You may have the ability to provide comments, feedback, suggestions, ideas, original or creative materials, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Gear Up Club a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, do not send Gear Up Club any Feedback that you do not wish to license to us as set forth above.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. GEAR UP CLUB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. GEAR UP CLUB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT GEAR UP CLUB IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN, OR AMBULANCE, IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND GEAR UP CLUB.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF GEAR UP CLUB OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE THAT GEAR UP CLUB DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY SPORTS ARENAS.
YOU EXPRESSLY AGREE TO RELEASE GEAR UP CLUB, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE GEAR UP CLUB WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY GEAR UP CLUB WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GEAR UP CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
GEAR UP CLUB DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
You agree to indemnify and hold Gear Up Club and its subsidiaries, affiliates, directors, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your activities which generate the Content you post or seek to post on the Services (including, but not limited to, tournaments, arena booking services or other events which Gear Up Club sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to Gear Up Club are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
You agree that any claim you may have arising out of or related to your relationship with Gear Up Club and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
The Services are provided by Playcore Innovation Pvt. Ltd. from its offices within the India.
Gear Up Club makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited.
You agree that Gear Up Club may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. In some cases, you may have the right to appeal, for example, as described in our Acceptable Use Policy. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in Gear Up Club’s sole discretion and that Gear Up Club shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, Clubs, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General.
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Gear Up Club as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Gear Up Club with respect to your use of the Services. The failure of Gear Up Club to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Gear Up Club. Gear Up Club has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Gear Up Club’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Gear Up Club reserves the right to update the Terms at any time and for any reason in its sole discretion. Gear Up Club will notify you in advance of any material changes to the Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services and delete your account.
Gear Up Club and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. For example, the mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Gear Up Club reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Gear Up Club shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
For questions regarding the Services and these Terms, please contact us at info@gearupclub.in.
Effective Date: 17 December 2024
Gear Up Club’s Terms of Service establish restrictions on content and conduct on Gear Up Club as outlined in this Acceptable Use Policy. In short, you may not use the Services, or assist or encourage any other party, to engage in any of the restricted Content or Conduct described below.
Prohibited content includes publishing, transmitting, distributing, or storing content, material, information or data that:
• is illegal or promotes illegal activities, including in relation to:
• is threatening or harassing
• is hateful or discriminatory
• is violent, graphic, or advocates violence
• is sexually obscene
• may be harmful to minors
• promotes or encourages self-harm, eating disorders, or suicide
• is fraudulent or contains false, deceptive or misleading statements, claims or representations, including:
• is inauthentic, including:
• violates any privacy, publicity or other personal rights, including:
• infringes, dilutes, misappropriates or otherwise violates any intellectual property, including copyrights, patents, trademarks, trade secrets or other proprietary information—including unauthorized use of domain names
• is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.)
• is intended to or likely to deceive, mislead or defraud others through phishing or social engineering techniques.
Excessive automated, bulk, or spammy, or burdensome activity
• accessing any content on the Services through any technology or means other than those provided or authorized by the Services
• collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services
• distributing, or disclosing any part of the Services in any medium, including by any automated or non-automated “scraping”
• using the Services in a manner for which they are not intended, at our sole discretion
• submitting to the Services or to Gear Up Club any personally identifiable information, except as necessary for the establishment and operation of your account
• executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service's servers or any data not intended for you
• attempting to disrupt, degrade, impair or violate the confidentiality, integrity or availability of the Services or the computers, services, accounts or networks of any other party including denial of service attacks, or any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in a deny list or other blockage of Gear Up Club internet protocol space
• accessing the Services to monitor its availability, performance or functionality
• permitting any third party to access the Services unless approved by Gear Up Club
• copying, framing or mirroring any part of the Services
• using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Gear Up Club
• bypassing the measures we may use to prevent or restrict access to the Services, including features that prevent or restrict use or copying of any content
• removing any copyright, trademark or other proprietary rights notices contained in or on the Services
• posting, commenting, or otherwise creating content in an unsolicited or repetitive manner to get attention, gain more followers, advertise, or promote a business
• significantly or repeatedly disrupting the experience of other users, such as:
• coordinating a social media campaign on Gear Up Club or other platforms to request a new product feature or product change, or to attempt to get Gear Up Club to revisit a decision
• evading an enforcement action, for example by creating a new account after being suspended.
Learn how to report content on Gear Up Club that you believe violates the law or Gear Up Club’s policies.
You can report content you believe violates the law or Gear Up Club’s Terms of Service at info@gearupclub.in.
Effective Date: 17 December 2024
By accepting the Terms of Service, you are also agreeing to this ‘Returns & Refunds’ Policy.
In case of a cancellation request for an Arena Booking service initiated by a user, the following are the charges applicable as per the condition –
| Sl. No. | Time Left to the Booking Slot | Penalty |
|---|---|---|
| 1 | Less than 6 hours | 25% of the booking amount |
| 2 | Between 6 and 12 hours | 10% of the booking amount |
| 3 | Between 12 and 24 hours | 2% of the booking amount |
Note: Booking amount refers to the net amount paid by the user at the time of booking, after discounts & other charges (if applicable).
All refunds shall be processed within 7-10 working days to the source of payment.
a) Gear Up Club 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 their 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 Gear Up Club. Any refund-related issues or disputes shall be strictly between you and the third-party service providers. Gear Up Club shall not be liable for any refund-related claims in connection with Services.
b) In case you wish to cancel the booking of an Order for a Service provided by a third-party service provider on Gear Up Club, then the booking amount shall be refunded as per the refund policy for that specific arena or event.
c) In addition to the above-mentioned cancellation charges, the refund amount shall be subject to deduction of bank charges, i.e. 2% of the amount paid.
d) For refund/cancellation of events, venues, and Services organized directly by Gear Up Club:
e) Refund for Order due to failed online ticket booking will be processed within 7-10 working days.
f) Gear Up Club reserves the right to change/modify this cancellation and refund policy without any prior notice.
g) With regards to payments, Gear Up Club shall not be responsible for any unauthorized transactions conducted on our Site using your payment card, internet banking, or any other method. The Site shall not be obligated to refund any money to you in such instances.
Effective Date: 17 December 2024
We’re excited to have you as part of our sports community! To maintain a respectful, inclusive, and enjoyable environment, please follow these community standards:
By following these guidelines, you help create an amazing community for sports enthusiasts like you. Thank you for being part of our journey!
Let’s make sports better together!