Welcome to Little Gaurs League and Forca Goa Foundation, a domain name owned by Forum for Sports and Freedom of Expression.
Forum for Sports and Freedom of Expression is a company incorporated under the Companies Act, 1956 having its registered office at 901, Gabana House, 15th Road, Khar-Danda, Khar West, Mumbai 400 052, Maharashtra India.
(“The Forca Goa Foundation”) provides access to Little Gaurs League through a mobile Application and Website (the “Platform”) to Users subject to the conditions set out on this page.
Please read these conditions carefully before using the Platform. By registering, accessing, browsing or otherwise using the Platform, User signifies his/her agreement to be bound by these conditions.
This User Terms and Conditions (“Agreement”) sets out the terms and conditions on which the Forca Goa Foundation shall provide the Services to you (“User”) through the Platform. Through the Platform, the Forca Goa Foundation shall provide services with respect to football training and tournament participation as more particularly described and defined in the Terms of Participation (“TOP”).
In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept TOP for such Service, which may be updated or modified by the Forca Goa Foundation from time to time. Such TOP shall be deemed to be a part of this Agreement and shall be governed by the terms of this Agreement. In the event of a conflict between such TOP and this Agreement, the terms of this Agreement shall prevail. the Forca Goa Foundation reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement, TOP and Privacy Policy at any time and without any prior written notice to User. It is your responsibility to review this Agreement, TOP and Privacy Policy periodically for updates/changes. Terms not defined herein shall have the same meaning as defined under TOP.
Use of the Platform is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and TOP, as may be posted on the Platform from time to time. For the removal of doubts, it is clarified that use, accessing, browsing or otherwise using of the Platform by the User constitutes an acknowledgement and acceptance by the User of this Agreement, TOP and Privacy Policy.
The User hereby consents, expresses and agrees that he/she has read and fully understands the applicable Privacy Policy of the Forca Goa Foundation. The User further consents that such Privacy Policy is acceptable to him/her.
The Agreement published herein is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Any User grievances can be reported at info@forcagoa.org. For the purpose of this Agreement, “User” shall mean (i) any natural or legal person who has accessed the Platform by providing Registration Data while registering on the App or Website, (ii) any natural or legal person who has accessed the Platform without providing Registration Data and (iii) any natural or legal person who is participating in the Events or user or causes to use the Services displayed and accessed on the Platform.
- For the purpose of the above, “Registration Data” shall include the following information which is entered by the User at the time of accessing and registering themselves on the Platform:
- Name
- Gender
- Contact Number
- Email ID
- Pincode
- Any documentation attached as identification proof
-
- Use of the Platform is available only for Users who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, un-discharged insolvents etc. are not eligible to use the Platform.the Forca Goa Foundationn reserves the right to restrict a User’s access to the Platform if it is brought to the Forca Goa Foundation’s notice or if it is discovered that the User is incompetent to contract.
- If the User uses, accesses, browse or otherwise use the Platform by providing Registration Data, the User shall be responsible for maintaining the confidentiality of the user name and password which are created and the User shall be responsible for all activities which occur under the respective user name. The User agrees that if the User provides any information that is untrue, inaccurate, not current or incomplete or the Forca Goa Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, the Forca Goa Foundation shall have the right to indefinitely suspend or terminate or block the access of the User on the Platform and refuse to provide the User with future access to the Platform.
- When User visits the Platform or sends e-mails or other data, information or communication to the Forca Goa Foundation, User is communicating with the Forca Goa Foundation electronically. User consents to receive communications from the Forca Goa Foundation electronically. the Forca Goa Foundation will communicate with User via e-mail or by posting notices on the Platform periodically and as and when required. the Forca Goa Foundation may communicate with the User by email or by such other mode of communication, electronic or otherwise. In the event the User does not wish to receive e-mail communication from the Forca Goa Foundation, the User shall unsubscribe to receiving e-emails.
- The User shall be responsible for any non-performance or breach of any contract entered into between the User and the Forca Goa Foundation.
- The Forca Goa Foundation attempts to keep the elements mentioned on its Platform accurate and complete. All information about the Services is subject to change without notice. It is possible that there could either be errors or omissions in the information provided on the Platform or such information could also be incomplete. the Forca Goa Foundation is not responsible for any errors, omissions or representations on any of the Forca Goa Foundation’s pages or any links on any of the Forca Goa Foundation’s pages.
- The User releases and indemnifies the Forca Goa Foundation and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the User on the Platform and specifically waive any claims that the User may have on the Forca Goa Foundation under any applicable law. Notwithstanding its reasonable efforts, the Forca Goa Foundation cannot take responsibility or control the information provided by any of the Users or any information regarding Services displayed on the Platform. The User may find other Users’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
- All commercial/contractual terms are offered by and agreed to between the Participant and the the Forca Goa Foundation. The commercial/contractual terms include without limitation, registration fees, price, payment methods, payment terms, date, period, dates of events, mode and terms of delivery, packaging and shipping charges, warranties and disclaimers etc. related to the Events and other services, and after sale services related to Events and other services.
- The User can take a close look at the Platform for the complete description of the Events and services. In spite of the Forca Goa Foundation doing its best to describe and present the Events being displayed on the Platform as accurately as possible, some Events characteristics or description of services may be altered slightly. It is also hereby declared that the Forca Goa Foundation affiliated Events are sometimes displayed on the Platform by the Event organisers directly for which the Forca Goa Foundation has no involvement. Despite all precautions by the Forca Goa Foundation, there may be inadvertent errors, and the Forca Goa Foundation shall not under any circumstances be held liable should this arise. The pictorial depictions of the Events and other services displayed on the Platform are not contractually binding. Under no circumstances may the Forca Goa Foundation be held liable on the basis of said pictorial depictions or description of the Events or services being displayed. the Forca Goa Foundation also does not make any representation or warranty as to specifics (such as quality, value, credibility, etc.) of the Events or services displayed on the Platform.
- The registration fee displayed for tournaments and prices for the services/rpdocuts displayed on the Platform, unless specified otherwise, are expressed in Indian Rupees and shall include all taxes applicable by law. Registration fee and prices shall not include the cost of any additional services selected by the User unless it is specifically mentioned in the description of the Events or services displayed on the Platform. the Forca Goa Foundation shall have the right to refuse or cancel any registrations or purchases done by the User. Registration Fee and prices of services as is reflected on the Platform may be subjected to some technical issues or typographical errors, or the Events description displayed may be incorrectly reflected including but not limited to information regarding registration fee for an events, price of services, availability etc. and in such an Events the Forca Goa Foundation may cancel the User’s registration or purchase.
- The User recognises that there are risks in dealing with underage persons or people acting under false pretence and shall hold the Forca Goa Foundation harmless for the same.
- Viewing of information on the Platform is free. the Forca Goa Foundation does not charge any fee for browsing on the Platform. the Forca Goa Foundation reserves the right to change its Fee Policy from time to time. In particular, the Forca Goa Foundation may at its sole discretion introduce new Services and modify some or all of the existing Services offered on the Platform. In such an event the Forca Goa Foundation reserves the right to introduce a fee for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fee shall be quoted in Indian Rupees. The User shall be solely responsible for compliance of all applicable laws being in force at the time.
- The User agree, undertake and confirm that User’s use of Platform shall be strictly governed by the following binding principles:
- The User shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or envisaging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” and other offences within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, The Protection of Children from Sexual Offences Act (POCSO Act) 2012, The Indian Penal Code 1860;
- is misleading in any way or threatens to defame or harm the goodwill of the Forca Goa Foundation;
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 including but not limited to the use of foul language;
- 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 (“IPR”), 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, 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 unauthorised videos, 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 Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users
- engages in commercial activities and/or sales without the Forca Goa Foundation’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms and Conditions, the Forca Goa Foundation’s prior written consent means a communication coming from the Forca Goa Foundation’s Legal Department, specifically in response to User’s request, and specifically addressing the activity or conduct for which The User seek authorization;
- solicits gambling or engages in any gambling activity which We, in the Forca Goa Foundation’s sole discretion, believes is or could be construed as being illegal;
- interferes with another User’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;
- refers to any website or URL that, in the Forca Goa Foundation’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains Content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary 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 resources; or contains any trojan horses, worms, time bombs, cancel bots, 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall be false, inaccurate or misleading;
- shall, directly or indirectly, offer, attempt to offer, trade or attempt 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.
- shall create liability for the Forca Goa Foundation or cause the Forca Goa Foundation to lose (in whole or in part) the services of the Forca Goa Foundation’s internet service provider (“ISPs”) or other suppliers;
-
-
- The User 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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. The Forca Goa Foundation reserves the right to bar any such activity.
- The User shall not attempt to gain unauthorized access to any portion or feature of the Platform or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform by hacking, password mining or any other illegitimate means.
- The User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by the User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform
- The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the Forca Goa Foundation or the brand name or domain name used by the Forca Goa Foundation including but not limited to the terms “ Forca Goa Foundation”, “Little Gaurs League”, or otherwise engage in any conduct or action that might tarnish the image or reputation of the Forca Goa Foundation on Platform or otherwise tarnish or dilute any of the Forca Goa Foundation’s IPR, trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. The User agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or the Forca Goa Foundation’s systems or networks, or any systems or networks connected to the Forca Goa Foundation.
- The User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
- The User may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the User sends to the Forca Goa Foundation, on or through the Platform or any service offered on or through the Platform. The User shall not pretend that the User is, or that the User represents, someone else, or impersonates any other individual or entity.
- The User may not use the Platform or any Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity, which infringes the rights of the Forca Goa Foundation and / or others.
- The User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations, and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Custom Duty, Local Levies) regarding the User’s use of the Platform and registering for the Events and purchasing services displayed therein. The User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law or regulations for the time being in force.
- Solely to enable the Forca Goa Foundation to restrict the violation of any law or User rights, the User agrees to grant the Forca Goa Foundation a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to access the User’s information entered and available on the Platform. the Forca Goa Foundation will use the User’s and information in accordance with the applicable laws being in force, and in accordance with this Agreement and the Privacy Policy applicable to use of the Platform.
- The User shall be responsible for the upkeep and maintenance of all comments, reviews, understandings, and other information provided on the Platform. In this connection, the User undertakes that all such comments, reviews, understandings, and other information shall be secured in all respects. The User shall not defame the attributes of any Events or services displayed on the Platform so as to mislead other Users in any manner.
- The User shall not engage in advertising to, or solicitation of other Users of to register for any event or purchase any services, including, but not limited to that being displayed on the Platform or related to the Forca Goa Foundation in any manner. The User may not transmit any chain letters or unsolicited commercial or junk email to other Users through the Platform. It shall be a violation of this Agreement to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another. In order to protect the Users from such advertising or solicitation, the Forca Goa Foundation reserves the right to restrict the number of messages or emails which a User may send to other Users which the Forca Goa Foundation deems inappropriate in its sole discretion. The User understands that the Forca Goa Foundation has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, order 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 investigating authority. In addition, the Forca Goa Foundation can (and the User hereby expressly authorizes the Forca Goa Foundation to) disclose any information about the User to law enforcement or other government officials, as the Forca Goa Foundation believes necessary or appropriate in connection with the investigation and/or resolution of possible offences or crimes, especially those that may involve personal injury.
- The Forca Goa Foundation reserves the right, but has no obligation, to monitor the materials posted on the Platform. the Forca Goa Foundation shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, the User remains solely responsible for the Content of the materials the User post on the Platform and in User’s private messages. In no event shall the Forca Goa Foundation assume or have any responsibility or liability for any Content posted by a User for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. The User hereby represent and warrant that the Content the User publishes on the Platform shall not infringe any proprietary or other rights of the Forca Goa Foundation or any third parties or contain any libellous, tortious, or otherwise unlawful information.
- The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment of registration fee for Events and prices for services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such organizer. the Forca Goa Foundation 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 Platform.
- It is possible that other users (including unauthorized Users or hackers) may post or transmit offensive or obscene materials on the Platform and that the User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain Personal Information about the User due to the User’s access of the Platform, and that the recipient of such information may use such information to harass or injure the User. the Forca Goa Foundation does not approve of such unauthorized activities, but by using the Platform, the User acknowledges and agrees that the Forca Goa Foundation is not responsible for the use of any Personal Information that the User publicly discloses or shares with others on the Platform. The User is urged to carefully select the type of information that the User publicly discloses or shares with others on the Platform.
- The Forca Goa Foundation shall have all the rights to take necessary action and claim damages that may occur due to User’s involvement/participation in any way by the User’s own participation or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- The User shall not have the right to resell any access granted to the Platform, the Events the User registers in, or the services purchased on the Platform unless such right is expressly granted to the User in writing by the Forca Goa Foundation.
- Contents Posted on Site –
- In relation to the Events and services displayed on the Platform, the text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is the Forca Goa Foundation generated Content in the case of the Forca Goa Foundation displayed Events or services.
- Except as expressly provided in this Agreement, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Forca Goa Foundation’s express prior written consent.
- The User may use information on the Events and services purposely made available on the Platform for downloading, provided that the User (i) does not remove any proprietary notice language in all copies of such documents, (ii) uses such information only for the Users personal, non-commercial informational purpose and does not copy or post such information on any networked computer or broadcast it in any media, (iii) makes no modifications to any such information, and (iv) does not make any additional representations or warranties relating to such documents.
- The User shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, “Content”). Such Content will become the Forca Goa Foundation’s property and the User grants the Forca Goa Foundation the worldwide, perpetual and transferable rights in such Content. the Forca Goa Foundation shall be entitled to, consistent with the Forca Goa Foundation’s Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content the User provides. The User agrees that any Content the User post may be used by the Forca Goa Foundation, consistent with the Forca Goa Foundation’s Privacy Policy and Rules of Conduct on Site as mentioned herein, and the User is not entitled to any payment, royalty or other compensation for such use.
- Disclaimer of Warranties and Liability –
- This Platform, all the materials (including but not limited to software), Events and services, included on or otherwise made available to the User through the Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Forca Goa Foundation does not warrant that:
- This Platform will be constantly available, or available at all; or
- The information on this Platform is complete, true, accurate or non-misleading.
- The Forca Goa Foundation will not be liable to the User in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. the Forca Goa Foundation does not warrant that this Platform, the information, Contents, materials (including software), Events or services included on or otherwise made available to the User through the Platform, the servers or electronic communication sent from the Forca Goa Foundation are free of viruses or other harmful components.
- Nothing on the Platform constitutes, or is meant to constitute, advice of any kind. All the Events and services displayed and made available for transactions on the Platform are governed by different state laws and if for whatsoever reason the conduct or delivery of such Event or services due to implications of different state laws is not possible.
- The User may be required to enter a valid phone number while transacting on the Platform. By registering the User’s phone number with the Forca Goa Foundation, the User consents to be contacted by the Forca Goa Foundation through phone calls and/or SMS notifications, in case of any Event being conducted or related updates. The Forca Goa Foundation will not use the User’s Personal Information to initiate any promotional phone calls or SMS.
- Payment Services –
- The Payment Services which are made available on the Platform may be made available through payment gateway or appropriate payment system infrastructure services of third party service providers or through any other methods of payments. While availing any of the payment method/s available on the Platform, the Forca Goa Foundation will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
- Lack of authorization for any transaction/s, or
- Exceeding the pre-set limit mutually agreed by the User and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s, or
- Due to failure of third party service providers to maintain or provide the Payment Services for whatsoever reason
- All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and service provider facilitating the payment gateway or appropriate payment system infrastructure.
- All online bank transfers from valid bank accounts are processed using the payment gateway provided by the third party service providers and the respective Issuing Bank which support the said Payment Services. All such online bank transfers made through the Payment Services are also governed by these Terms and Conditions and any other terms and conditions agreed to between the User and the respective issuing bank.
- All payments made against the registration for an Event or prices paid towards purchase of any services on the Platform by the User shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency for the transactions made on the Platform.
- Before concluding any transactions made by the User, the Forca Goa Foundation may request the User to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by the User for the transaction. This is done in the interest of providing a safe online environment to the Users.
- Transactions, Transaction Price and all commercial terms such as conduct of Event, delivery of services are as per principal to principal bi partite contractual obligations between the User and the Forca Goa Foundation and Payment Service facility is merely used by the User and the Forca Goa Foundation to facilitate the completion of the Transaction.
- The User has specifically authorized the Forca Goa Foundation or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through cash on delivery (if applicable) to and from the Forca Goa Foundation or other Users in respect of transactions through the Payment Services. The User’s relationship with the Forca Goa Foundation is on a principal to principal basis.
- The User understands, accepts and agrees that the Payment Services provided by the Forca Goa Foundation is neither a banking, nor a financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery (if applicable), collection and remittance facility for the Transactions on the Platform using third party service provides and the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Services, the Forca Goa Foundation is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
- The User understands that upon initiating a transaction on the Platform, the User is entering into a legally binding and enforceable contract with the Forca Goa Foundation to register for Events or purchase the services using the Payment Services, and the User shall pay the Transaction Price through the payment gateway facility being provided on the Platform through third party service providers.
- The User agrees with the Forca Goa Foundation, through electronic communication and electronic records and using the automated features as may be provided by Payment Services, to any modifications in the conduct of Event or to the extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such modifications or subsequent novation / variation of the transaction shall be in compliance with the laws in force.
- The User shall electronically notify the Forca Goa Foundation of any cancellation of the booked transactions/Event, forty eight (48) hours prior to the date of Event. Non notification by the User regarding the same shall be construed as if the obligations set forth on the Forca Goa Foundation regarding the transactions or regarding the conduct of any Event or services have been deemed to have been concluded by the Forca Goa Foundation.
- The Forca Goa Foundation reserves the right to impose limits on the number of transactions or transaction price which the Forca Goa Foundation may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other institution, infrastructure or any other financial instrument directly or indirectly through the Payment Services or through any such facility authorized by the RBI to provide support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process transactions exceeding such limit.
- The Forca Goa Foundation also reserves the right to restrict the number of registrations done by the User for an Event or series of Events, and also for the quantity of services sought to be purchased by the User on the Platform.
- The Forca Goa Foundation reserves the right to refuse transactions made by Users with a prior history of questionable charges including without limitation breach of any agreements by the User with the Forca Goa Foundation or breach/violation of any law or any charges imposed by Issuing Bank or breach of any law or policy.
- For cash transactions the Forca Goa Foundation, the Foundation may do such checks as it deems fit before approving the receipt of/User’s commitment to pay transaction price from the User for security or other reasons at the discretion of the Forca Goa Foundation. As a result of such check if the Forca Goa Foundation is not satisfied with the creditability of the User or genuineness of the transaction/transaction price, it will have the right to reject the receipt of/User’s commitment to pay transaction price.
- The Forca Goa Foundation may delay notifying the payment confirmation, if the Forca Goa Foundation suspects any foul play when the User is conducting high transaction volumes. This is done to ensure safety of the transaction and transaction price. In addition, the Forca Goa Foundation may hold transaction price and the Forca Goa Foundation may remit the said transaction price to law enforcement officials (instead of refunding the same to the User) at the request of law enforcement officials or in the event the User is engaged in any form of illegal activity.
- The User acknowledges that the Forca Goa Foundation will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Forca Goa Foundation.
- In case of an online payment, the Payment Gateway may levy an additional transaction fee (including GST on the transaction fee). The user is liable to pay any such transaction fees to complete an online payment successfully.
- Charitable Giving or Donations
- In order to contribute via donations, You (as a Donor), represent and warrant to the Forca Goa Foundation that all information, including information related to credit cards other payment instrument, you provide to the Forca Goa Foundation is true. You are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and subject to the refund policy, that all Donation payments are final and cannot be refunded.
- Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor, (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize the Forca Goa Foundation to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Platform.
- In case of any donations made using the Forca Goa Foundation’s website:
- The purpose of fund utilisation, will be clearly declared on the fund-raising page, and you have clearly understood the project and the utilization of funds. Funds are used in accordance with our goals as decided by the trustees. The Forca Goa Foundation will publish periodic statements of accounts.
- In case of an individual specific campaign, your donations will be transferred to the Recipient, and will be utilized for the benefit of the Beneficiary.
- The Forca Goa Foundation and the payment gateway will deduct their fees and applicable taxes before providing the funds to the Recipient.
- Any Tax Deduction Certificate (for Indian contributors only) will be issued by the Forca Goa Foundation, as defined in the “Charitable Giving” section of these Terms & Conditions. Whether such receipt will be provided has been clearly mentioned in the fund-raising page, and you have understood the same. The Forca Goa Foundation will not be responsible for any Tax certificates or benefits.
- Your personal payment-related information will be governed by our Privacy Policy. In particular, we will not disclose this information to anyone except where required by law.
- Donations cannot be refunded except in case of payment fraud or duplicate transactions. Please email info@forcagoa.org within 14 days of payment to request a refund.
- Donation to the Forca Goa Foundation does not entitle you to any goods, services, positions at the Forca Goa Foundation or any other consideration.
- Compliance with Laws: User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the Payment Services and the Platform.
- Profanity Policy:
- The Forca Goa Foundation prohibits the use of language that is foul, racist, hateful, sexual or obscene in any areas including the Platform.
- This policy extends to text within listings, on pages and all other areas of the Platform that another User may view. If the profane words are part of a title for the item being sold, the Forca Goa Foundation will ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
- Users must report any violations of this policy to info@forcagoa.org for review. Users can look out for offensive user names and also offensive languages in the Content, listing or otherwise.
- If a feedback, comment, or any communication is made between Users on the Platform; or email communication made between Users in relation to transactions conducted on Platform contain profanity, Users are urged to bring the same to the notice of the Forca Goa Foundation through the above mentioned email ID.
- In case of any proven violations of this Policy, disciplinary actions may result in the indefinite suspension of a User’s account, temporary suspension, a limit in User rights, or a formal warning. Further, in extreme cases, the Forca Goa Foundation also reserves the right to initiate appropriate legal proceedings provided by law against the violating User.
- The Forca Goa Foundation will consider the circumstances of an alleged violation of this Policy and the User’s trading records before taking action.
- Indemnity: The User shall indemnify and hold harmless the Forca Goa Foundation, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms and Conditions, Privacy Policy and other Policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
- Applicable Law: Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai, Maharashtra.
- Jurisdictional Issues/Sale in India Only: Unless otherwise specified, the Events and services displayed on the Platform are presented solely for the purpose of transactions in India. The Forca Goa Foundation makes no representation that the said Events and services displayed on the Platform are appropriate or available for use in other locations/countries other than India. Users who choose to access this site from other locations/countries other than India do so on their own initiative and the Forca Goa Foundation is not responsible for the conduct of the Events or delivery services, refunds, for transactions done from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
- Intellectual Property: The Forca Goa Foundation is the owner of all the rights of intellectual property attached to the products/services ordered or used by the User. The Forca Goa Foundation reserves the right to proceed to the necessary formalities with the aim of their protection on the Territory. The Forca Goa Foundation undertakes to the User a non-exclusive right of use on the brands and protected elements owned by the Forca Goa Foundation. The User recognises the existence and validity of the trademark applications or registrations and use of the Forca Goa Foundation’s products/services and undertakes never to challenge their validity, registration and use in the Territory. The User undertakes not to derive any right from the registration and participation in the Events and use of the Forca Goa Foundation’s services and undertakes never to attempt to register, directly in his name or indirectly by a third party, any identical or confusingly similar trademark or internet domain name that may infringe the Forca Goa Foundation’s trademarks or constitute unfair competition. In case the User applies for or uses any identical or similar trademark or domain name to Events or services displayed on the Platform, they shall immediately take all necessary actions, at their own expense, to cancel or transfer the infringing trademarks or domain names to the Forca Goa Foundation upon the Foundation’s first demand. The User undertakes to inform and to immediately notify the Forca Goa Foundation of illicit imitation and more generally of any unfair competition practices based on the Protected Elements through the IP violation intimation email ID given below.
- Trademark, Copyright and Restriction: This site is controlled and operated by the Forca Goa Foundation. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Everything displayed on the Platform is solely for the User’s personal, non-commercial use. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and the User must not assist any other person to do so. Without the prior written consent of the owner, modification of the Platform, use of the Platform or any part of the Platform on any other websites or networked computer environment or use of the Platform or any part of the Platform for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the User receives any remuneration, goodwill or visibility, whether in money or otherwise, is a commercial use for the purposes of this clause.
- IPR complaint: In case the Users feel that an Intellectual Property Right has been infringed, The User can write to the Forca Goa Foundation at info@forcagoa.org.
- Event and services Description: The Forca Goa Foundation does not warrant that the Events and services description or other Content of this Platform are completely accurate, complete, current, or error-free and assumes no liability in this regard.
- Limitation of Liability: In no event shall the Forca Goa Foundation be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms and conditions, even if the User has been informed in advance of the possibility of such damages.
- Contact Us: Please contact the Forca Goa Foundation for any questions or comments regarding this Platform at info@forcagoa.org or phone number 86055 41351.
- Grievance officer – In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr.Nathaniel D’Costa
Address: Forum for Sports and Freedom of Expression
1st Floor, Delta Centre, H.No.850,
Off, NH 66, Defence Colony, Porvorim,
Penha de França, 403521,Goa, India
Email:
nathaniel.dcosta@forcagoa.org
Time: 8 AM – 8 PM, Monday – Sunday
-
- The Forca Goa Foundation expressly agrees that issuing the correct and complete receipt or invoice is the sole and primary responsibility of the Forca Goa Foundation.
- Email Abuse & Threat Policy:
- Private communication, including email correspondence, is not regulated by the Forca Goa Foundation. the Forca Goa Foundation encourages its Users to be professional, courteous and respectful when communicating by email.
- However, the Forca Goa Foundation will investigate and can take action on certain types of unwanted emails that violate the Forca Goa Foundation policies.
- Such instances:
- Threats of Bodily Harm – the Forca Goa Foundation does not permit Users to send explicit threats of bodily harm.
- Misuse of the Forca Goa Foundation System – the Forca Goa Foundation allows Users to facilitate transactions through the the Forca Goa Foundation system, but will investigate any misuse of this service.
- Spoof (Fake) email – the Forca Goa Foundation will never ask the User to provide sensitive information through email. In case the User receive any spoof (fake) email, the User are requested to report the same to the Forca Goa Foundation through the ‘Contact Us’ details.
- Spam (Unsolicited Commercial email) – The Forca Goa Foundation’s spam policy applies only to unsolicited commercial messages sent by the Forca Goa Foundation’s Users. The Forca Goa Foundation’s Users are not allowed to send spam messages to other Users.
- Offers to Buy or Sell Outside of the Forca Goa Foundation – The Forca Goa Foundation prohibits email offers to buy or sell listed Events or products/services outside of the Platform. Offers of this nature are a potential fraud risk for both the Users and the Forca Goa Foundation.
- The Forca Goa Foundation policies prohibits User-to-User threats of physical harm via any method including, phone, email and on the Forca Goa Foundation public message boards.
- Violations of this policy may result in a range of actions, including:
- Limits on account privileges
- Account suspension
- Cancellation of listings
- Loss of special status
- Legal action before the appropriate authority