Website Terms of Use

Introduction:

 

This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records in various statutes as applicable and amended from time to time, and is published in accordance with the provisions of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 which mandates the publishing of rules and regulations, privacy policy and the terms and conditions for access or usage of  https://epwa.in/ (hereinafter referred to as the “Website”).

 

For the purpose of these terms of use (“Terms of Use”), wherever the context so requires, “You”, “User” or “Your” shall mean any natural or legal person who visits, access or use the Website and/or any other person who browse the Website. The terms “Association”, “Us”, “We” or “Our” shall mean Esports Players Welfare Association, a company incorporated under the provisions of Companies Act, 2013 and having its registered office at C-1, Basement, West End Colony, New Delhi- 110022.

 

The Association aims at becoming the largest membership-based community for esports players in India, to inter-alia protect and promote esports and the interest of esports players. This Website provides its Users an interactive platform and information/content/news with respect to active esports trends, tournaments, and activities. All the information/content provided on the Website is for Users’ information only. The access to this Website is subject to the prior acceptance of these Terms of Use. These Terms of Use constitute a valid and legally binding agreement between Association and the User. The following terms and conditions and any amendment or modification made thereto, govern the use of this Website and any information/content made available from or through this Website.

 

The User by accessing this Website including creating an account and by providing any information through the Website, impliedly or expressly, hereby accepts these Terms of Use and enters into a binding contract with the Association. It is thereby acknowledged that the User has fully read and understood these Terms of Use and agrees to be legally bound by these terms, regardless of how the User or anyone on the User’s behalf has accessed or used the Website, and acknowledges unconditional acceptance without limitation or qualification of these Terms of Use. We may change these terms at any time without any prior notice in writing or otherwise to the User, by posting changes on the Website. The User may review these terms regularly to ensure that the User is aware of any changes made by Us. The continued use of Our Website by the User, after changes are posted shall amount to User’s acceptance to be legally bound by these terms as updated and/or amended. In case of any violation of these Terms of Use or any additional terms posted on Website, We reserve the right to seek all remedies available in law and in equity for such violations.

 

General:

 

  1. We do not guarantee that the Website, or any content/information on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to the User if for any reason the Website, its content and/or services available thereon is unavailable/unserviceable at any time and/or for any period.
  2. The User is responsible for making all arrangements necessary for the User to access the Website (including, having access to an internet connection and an appropriate browser).
  3. The User is also responsible for ensuring that all persons who access Our Website through the User’s registered account or otherwise are aware of these Terms of Use and other applicable terms and conditions, and that they comply with the same.

 

Term:

 

These Terms of Use shall continue to be valid and binding upon the User until, the User continues to access and use the Website. We may suspend or terminate the User from the use of the Website at Our sole and absolute discretion without any notice and cause. Notwithstanding anything stated under these Terms of Use, these Terms of Use will survive indefinitely unless and until We choose to terminate them.

 

Eligibility:

 

  1. The User must be competent and eligible to enter into legally binding agreement as determined by the provisions of Indian Contract Act, 1872.
  2. The User must be above 18 (eighteen) years of age and must be a citizen of India. However, if the User is below 18 (eighteen) years of age then the User must obtain consent from their parent(s) or legal guardian(s). The parent(s) or legal guardian(s) accept these Terms of Use and agree to take responsibility for: (i) User’s actions; (ii) User’s use of any of the services, information and functions made available on the Website; and (iii) User’s acceptance and compliance with these Terms of Use. If the User is below 18 (eighteen) years of age and does not have consent of their parent(s) or legal guardian(s), User must stop using/accessing the Website.
  3. Association will not be responsible for any consequence that arises as a result of misuse of any kind of Our Website that may occur by virtue of any person including a minor accessing and/or using the Website. You acknowledge that Association does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria.
  4. The User should be of sound mind and should have a firm contractual capacity.

 

Registration: 

 

  1. An area of the Website and the information/content available thereon, is only accessible by esports players enrolled with the Association after following the process stated in the Player Terms and Conditions (“T&C”) available at https://epwa.in/player-terms-conditions/ and https://epwa.in/player-terms-conditions/ and pursuant to making the payment of the Annual Fees (as defined in the T&C). The email address stated by the enrolled Players (as defined in the T&C) at the time of enrollment with the Association shall constitute the unique sign-up id for accessing the areas of the Website only assessable by the enrolled Players. The Player shall set a password for the sign-up id at the time of sign up. In case, the Player forgets the password, the Player may choose to reset the password and the Association will send a reset password link on the registered email-id. The Player agrees to be responsible in maintaining the confidentiality of the passwords, the unique sign-up id and all activities that occur under Player’s account.
  2. By registering on the Website apart from the other terms forming part of these Terms of Use and the T&C, the Player agrees that:
  3. Player’s account and password are personal to the Player and may not be used by anyone else to access the Website;
  4. Player will not do anything which would assist anyone who is not an enrolled Player to gain access to the area of the Website requiring enrolment with the Association; and
  • Player will not pass off as and/or impersonate another Player.
  1. The Player agrees to notify Us immediately in case of any unauthorised use of his/her password or account identifiers by others.

 

Termination of registration: 

 

  1. If a User no longer accepts these terms and conditions, or any future modification to this Terms of Use and/or the T&C (if applicable), the User must cease using the Website, continued use of the Website indicates User’s continued acceptance of these Terms of Use.  Further, if the Player no longer wishes to have a registered account, the Player may terminate his/her account by deleting the same as provided on the Website.
  2. If, for any reason, We believe that the Player has not complied with these Terms of Use and/or T&C, We may, at Our sole discretion, cancel Player’s enrolment with the Association and/or terminate Player’s registered account immediately and without prior notice.
  3. Further, We may terminate Player’s registered account, at Our sole discretion, by emailing the Player at the email-address used for registration stating that the registered account has been terminated.

 

Acceptable Usage:

 

  1. The User will not copy, reproduce, republish, download, make available to the public, or otherwise use Our Website and/or content/information in any way except for the User’s own personal and non-commercial use. The User also agrees not to adapt, alter or create a derivative work from any part of Our Website and/or content/information except for the User’s own personal and non-commercial use. Any other use of Our Website and/or content/information requires Association’s prior written permission.
  2. The User agrees to use Our Website only for lawful purposes and in any way that does not infringe the rights of, restrict or inhibit anyone else’s use of Our Website. It is important to remember that any information and/or content posted/shared/submitted including any information/content posted while communicating with other User(s) on/through the Website by way of comments/videos/pictures or by any other means (“Posted Content”), may be recorded and stored in multiple places, both on Our Website and elsewhere on the Internet, which are likely to be accessible for a long time and the User has no control over who will read them eventually. It is therefore, important that the User is careful and selective about the personal information that the User may disclose about himself/ herself/ itself and others, and in particular, the User should not disclose sensitive, proprietary or confidential information in his/her comments to Our public sections/forums.
  3. Any commercial or promotional distribution, publishing or exploitation of the Website or any content, information, code, data or materials available on or available through the Website, is strictly prohibited. Other than as expressly allowed herein, the User must not (i) download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website; (ii) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website therein or probe, scan, or test the vulnerability of any of Our systems; and (iii) in any way use the Website to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Association); or interfere with, or disrupt, (or attempt to do so), the access of any User, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Website. The User further agrees that he/she/it may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. The User acknowledges that he/she/it does not acquire any ownership rights by downloading any copyrighted material from or through the Website. If the User makes other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, the User may violate copyright and other laws of India, other countries, as well as applicable laws and may be subject to liability for such unauthorized use.
  4. The User must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. Further, the User must ensure that the Posted Content is free of viruses, trojans, adware, spyware, worms or other malicious code.
  5. In connection with the Posted Content, User further agrees that he/she/it will not submit material that is personal information of himself/herself/itself or a third party; copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless he/she/it is the owner of such rights or have permission from their rightful owner to post the material and to grant Association all of the license rights granted herein.
  6. The User must ensure that the Posted Content is not in violation of any applicable law, contractual restrictions or other third-party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the Posted Content.
  7. The User must also, at all times ensure that the Posted Content is neither demeaning nor detrimental to the interest of any other User/third-party.
  8. Association does not endorse any User submission or any opinion, recommendation, or advice expressed therein, Association expressly disclaims any and all liability in connection with Posted Content.

Content Screening:

 

By accepting these Terms of Use, You hereby provide Your irrevocable consent to Our monitoring and recording Your use of Our Website. The User further accepts and acknowledges that the Association may reject, refuse to post or delete any or all Posted Content for any or no reason, including, but not limited to the reason that, in the sole judgment of the Association, the contents or posting or other use of such Posted Content is illegal, against public policy and/or in violation of the terms of these Terms of Use. Association does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and retain the right to remove all Posted Content if We are notified that such Posted Content infringes on another’s intellectual property rights. Association reserves the right to remove Posted Content without prior notice.

 

Content:

 

  1. The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only. Reliance on any information appearing on the Website, whether provided by Association, independent professionals/consultants/experts, visitors to the Website or others, is solely at the User’s own risk.
  2. The User may be able to link from the Website to third party sites and third-party sites may link to the site (“Linked Sites”). The User acknowledges and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by Us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites including any tournament hosted on or through such Linked Site(s). The inclusion of any link to such sites on Our Website does not imply Association’s endorsement, sponsorship, or recommendation of the Linked Sites and/or any product sold on or any service rendered by such site. Association expressly disclaims any liability for links (1) from another site to this Website and (2) to another site from this Website. We cannot guarantee the standards of any Linked Site, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, We are not responsible for any form of transmission received from any Linked Site. Any reliance on the contents of a third-party site (including Linked Sites) is done at the User’s own risk and the User assumes all responsibilities and consequences resulting from such reliance.

 

Pricing and Payment:

 

  1. Any discounts/offers provided on the Website shall also be subject to the terms of the said discount/offer along with the terms of these Terms of Use and other Website documents.
  2. Prices are subject to change without any notice. All prices on this Website are in Indian Rupees. For international cards used on the Website, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument.
  3. Association accepts online payment via credit card, debit card and net banking.
  4. The User agrees, understands, confirms and states that the payment details provided by the User to transact on the Website will be correct, accurate and is owned by the User. In the event User uses a card/net banking account belonging to any third party, then, User confirms that User has been authorized to or expressly permitted by such third party to use such card/net banking account for making payment. The liability for use of a card fraudulently will solely be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
  5. User shall be solely responsible for compliance of all applicable laws for making payments to Association. In addition to all other remedies available under law and equity and as detailed under these Terms of Use, Association reserves the right to recover any and all costs, expenses, charges, damages of any nature whatsoever, from any User using the Website fraudulently. Further, the Association reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms of Use.

 

Conduct:

 

  1. Your use of the Website and conduct on the Website must comply with applicable laws or regulations of India. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to You.
  2. You are responsible for Your activities on the Website. In addition to any restrictions in the Terms of Use, You agree that You will not:
  3. engage in any activity that would require the Association to obtain licenses from or pay royalties to any third party;
  4. impersonate another person, gain unauthorized access, or otherwise deceive or mislead others about the origin of the content or information;
  • abuse Association’s resources, including support services.
  1. Without limitation, transmit, or cause to be transmitted, any communication or solicitation or other “phishing”, “pharming” or “whaling” message designed or intended to obtain password, account, personal information, confidential information or private information from any User of the Website or any other third party whatsoever. However, if any such event does take place, the Association shall not be liable for any loss of data or if the User’s device, computer or any other property is compromised in any manner.
  2. You acknowledge and agree that the Association has the right to report any and all suspicious or illegal activity which shall come into Association’s knowledge, to the appropriate legal or police authorities without notice to You.

 

System Requirements:

 

Association’s services including the Website and content, are compatible only with certain devices/tablets/instruments/hardware with high-speed internet and certain software. The Association shall not be obligated to provide workable products and/or services for any instruments that are not recognized by the Association or those instruments that may be purchased from any third party which are not compatible with the Association’s services. The Association reserves the right to upgrade the any/all  compatible devices as required from time to time.

 

No Liability:

 

  1. The content and other information on this Website including without limitation any information with respect to any tournament, Esports news etc. available thereon, is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Association:
  2. excludes all representations and warranties relating to this Website and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in this Website; and
  3. excludes all liability for damages arising out of or in connection with the disclosure of the information and/or User’s use of this Website. This includes, without limitation, direct loss, loss of business, profits or reputation (whether or not such loss was foreseeable, arose in the normal course of things or the User have advised Association of the possibility of such potential loss), damage caused to the User in any manner whatsoever including but not limited to the User’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
  • further, excludes all liability with respect to any damages, costs, claims or losses, including any loss to the business, profits or reputation, caused to a User and/or any third party, as a consequence of any act/omission on the part of another User.

 

  1. The use of this Website is entirely at the User’s own risk, and in no event, shall Association be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties or liabilities arising out of or relating in any way to this Website or site accessed through this Website, and/or content or information provided herein. ASSOCIATION AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION OF A USER, CAUSED DUE TO USE OF ANY CONTENT AVAILABLE ON THE WEBSITE. USER MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT/INFORMATION ON THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT/INFORMATION.The User’s sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.

 

Indemnity:

 

  1. The User agree to indemnify, defend and hold harmless Association, its officers, partners, directors, employees, agents, representatives from and against any/all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Association that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these Terms of Use.
  2. The User agrees that the User is solely responsible for anything he/she/it may post such as any information, content, user information, personal or sensitive data or any sort of query, response, information, etc. on the Website, and that the User agrees to defend, indemnify, and hold  Association, its officers, directors,  employees, agents and representatives harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from the User’s violation of these Terms of Use or any claims based upon the User’s posts/submissions on the Website.

 

Intellectual Property Rights:

 

  1. The Website, contents and services are owned and operated by the Association.The trademarks, logos and service marks or any other right associated with intellectual property displayed on the Website shall be the property of Association or respective third parties. The User is not permitted to use the same for any purpose whatsoever.
  2. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Association owns all intellectual property rights to and into the trademark “EPWA” and the Website including, without limitation, any/all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The User acknowledges and agrees that he/she/it shall not use, reproduce or distribute any content/information from the Website belonging to Association unless the Website gives the option to share with other Linked Sites.
  3. The Users agree and acknowledge that any infringement of the intellectual property rights of Association will result in legal action against the User.
  4. Certain contents on the Website may belong to third parties, You recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such third party. Association respects the intellectual property of others, and We ask Our Users to do the same. Association has no responsibility for content on other Linked Sites to the Website that You may find or access. It is Association’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of Users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Association and/or others.
  5. You hereby grant the Association a perpetual and worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, introduce into circulation, publish, distribute, sub-license, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, Your Posted Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights or any of Your rights of publicity or privacy You may have in any Posted Content. The Association will cease any further public display or distribution of any Posted Content if You delete the same. We shall endeavour to delete all copies of such Posted Content, however You acknowledge that certain copies may get retained in Our data base, though We shall not display or distribute the same to other Users except if required to fulfil its legal duties or in connection with bringing or defending any legal claims or actions that may arise now or in the future.

 

Warranty:

 

  1. All content is available on “as is” and “as available” basis, without any warranties, representations, or guarantees of any kind, either express or implied. Association disclaims any/all implied warranties in respect of content on Website. Association shall not be liable to update or ensure continuity of information or content contained on the Website. Association would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information or content on the Website.
  2. Association makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any Linked Sites to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the Website. We do not guarantee that the Website will be secure or free from bugs or viruses and the Users should use their own virus protection software, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. Association does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked app/website/content or featured in any manner or other advertising, and Association will not be a party to or in any way be responsible for any transaction between You and third-party providers of products or services.
  3. In the preparation of the Website and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, Association disclaims any responsibility for any errors and accuracy of the information that may be contained on the Website. Any feedback from User is most welcome to make the Website and contents thereof error free and user friendly.
  4. While the Association has made efforts to train the personnel engaged in the service relating to the Website to enable quality control, the Association makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and the Association reserves the right and discretion to take any action in this regard.

 

Modification and Amendment:

 

The Association has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website as it deems fit at any time without notice. Further, the Association has the right to amend these Terms of Use from time to time without prior notice to You. Association makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that the Association shall not be liable to You or any third party for any modification, of the Website.

 

Complaints:

 

The Association make all best endeavors to provide User with a pleasant experience. In the event, User have any questions, comments, complaints and requests regarding these Terms of Use or other policies, such User may address the same to the designated grievance officer in respect of the Website. Any complaints or concerns with regards to any content on the Website or any breach of the Terms of Use can be directed to the designated officer in writing and the details are as follows: rudrashish@epwa.in.

 

Applicable Law and Jurisdiction:

 

These Terms of Use are governed by the Indian laws, without respect to its conflict of laws principles. The parties expressly agree that in case of any dispute arising out of services rendered, access or use of the Website or content/information provided therein, they shall make all attempts to resolve it by amicable settlement and discussion, the courts at New Delhi shall have the exclusive jurisdiction in respect of any and all legal dispute or matter arising out of User’s use and access of the Website.

 

Entire Agreement:

 

These Terms of Use along with the other policies shall constitute the entire agreement between the parties and supersedes all other terms and conditions and/ or agreements relating to the subject matter, and set out the complete legal relationship between Association and any other party arising from or connected with the subject matter. For the avoidance of doubt, in the case of any conflict between these Terms of Use, and any other agreement, these Terms of Use shall apply.

 

Severability:

 

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

 

Notices:

 

Any/all notices, statements or other communication relating to any disputes, grievances experienced by the User shall be given or made in writing in the English language and delivered by electronic mail or sent by prepaid post with recorded delivery addressed to Us at the following address:

 

Address: C-1, Basement, West End Colony, New Delhi- 110022

E-mail Address: rudrashish@epwa.in

 

The Association provides these Terms of Use so that You are aware of the terms that apply to Your use or access of the Website. You acknowledge that, You have read, understood and unconditionally agreed to them.