1.0 ACCEPTANCE OF TERMS
1.1 The Yourcityhunt.com website ("Website") is an internet based on ground and online game portal owned and operated by Field of Dreams Software LLP ("Field of Dreams"), a partnership concern incorporated under the laws of India, with its registered office at Stadium House, Block 1, 6th Floor, Veer Nariman Road, Churchgate, Mumbai 400020.
1.2 Through the Website, Field of Dreams shall provide you ("User") online and on ground games, experiences, events and hunts across cities and rural areas throughout India ("Service"), as more particularly described and defined in the terms of service ("TOS") relating to such Service, This Service may be availed by the User, his family members and friends in India at any time during the year through us and our event partners and clients (“Partners”).
1.3 This User Agreement ("Agreement") sets out the terms and conditions on which Field of Dreams shall provide the Services to the User through the Website. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by Field of Dreams from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
1.4 Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
1.5 Additionally, our Partners may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, exclusive hunts, special promotional hunts etc.). The User shall be responsible for ensuring compliance with all the terms and guidelines or operating rules and policies of the Partner with whom the User elects to deal. In the event that any of the terms, conditions and notices contained in this Agreement or the TOS conflict with the additional/other terms and guidelines specified by the Partner, then the latter terms/guidelines shall prevail.
2.0 MODIFICATIONS OF TERMS
Field of Dreams reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
4.0 LIMITED USER
4.1 The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.
4.2 The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Field of Dreams’ name is stated as the source and writer permission from Field of Dreams is taken. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
5.0 DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
5.1 Field of Dreams has endeavored to ensure that all the information on the website is correct, but Field of Dreams neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Field of Dreams makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
5.2 When one of our partners is executing an event using yourcityhunt.com as just a platform, Field of Dreams shall not have any liability whatsoever for any aspect of the arrangements between the partner and the user as regards the standards of services provided by the Partner. In no circumstances shall Field of Dreams be liable for the services provided by the Partner.
5.3 Although Field of Dreams makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein.
5.4 Field of Dreams does not endorse any advertiser on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
5.5 In no event shall Field of Dreams be liable for any direct, indirect, punitive, incidental, special, consequential damages: harm, injury, loss, liability or damages caused to User or User’s property, user and/or any of User’s family members/legal heirs and/or any of user’s representatives and teammates resulting from User Participation in any event, competition, Games, on ground activities organize by field of dreams or its partners or otherwise including any accident, injury, death, prosecution by Authorities, damage to property, loss of property of third party loss as well.
5.6 In no event shall Field of Dreams be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall Field of Dreams be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Field of Dreams shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Field of Dreams’ control. the user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems/phones or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of Field of Dreams arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
6.0 LINKS TO THIRD PARTY SITES
6.1 The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Field of Dreams or the Website and Field of Dreams is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Field of Dreams is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Field of Dreams is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Field of Dreams or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
6.2 Field of Dreams is not responsible for any errors, omissions or representations on any Linked Site. Field of Dreams does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
7.0 PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
8.0 USE OF COMMUNICATION SERVICES
8.1 The Website may contain services such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
violate any applicable laws or regulations for the time being in force in or outside India; and
violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
8.2 Field of Dreams has no obligation to monitor the Communication Services. However, Field of Dreams reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Field of Dreams reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
8.3 Field of Dreams reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Field of Dreams’ sole discretion.
8.4 Field of Dreams does not control or endorse the content, messages or information found in any communication service and, therefore, Field of Dreams specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
8.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
9.0 INTELLECTUAL PROPERTY RIGHTS
9.1 The trade marks, names, logos and service marks, domain names, inventions and/or other intellectual property, including, but not limited to, the Information (“IPR”) displayed on this Website is the IPR of Field of Dreams, or as the case may be, as stated on the Website, of other third parties who have provided a license to the FIELD OF DREAMS/ Website for use. Nothing contained on this Website should be construed as granting any license or right to use any IPR without the prior written permission of the FIELD OF DREAMS or the relevant third party, as the case may be. Any other material displayed on the Website that is capable of being protected as intellectual property shall be the property of the FIELD OF DREAMS unless it is stated as owned by a third party. Further, nothing contained on this Website should be construed as granting any license or right to use any such material without the prior written permission of the FIELD OF DREAMS or the relevant third party, as the case may be.
9.2 A User shall not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized to do so in writing by the FIELD OF DREAMS/ Website prior to such use. Further, a User shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Website, or any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by the FIELD OF DREAMS prior to such use. In addition, the User shall not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Website without prior written authorization. Except as set forth herein, any other use of the information/data/content contained on this Website requires the prior written consent of the FIELD OF DREAMS and may require a separate fee.
9.3 The FIELD OF DREAMS may collect information and material posted and/or disclosed on the Website by a User (whether such information is posted/disclosed in a closed chat, as a blog or otherwise) for the maintenance of records, for the development of its own businesses, handling general enquiries concerning its services, providing better user interface, making the visit to the Website more user-friendly for the Users as well as clients of the FIELD OF DREAMS who put up hunts etc. on the Website. The User hereby acknowledges that in gathering and using such information the FIELD OF DREAMS will not be violating the IPR of the User.
9.4 A User shall indemnify and keep indemnified the FIELD OF DREAMS against any losses or damages that the FIELD OF DREAMS suffers as a result of use of the IPR of a third party by the User without obtaining an appropriate license or permission from the relevant third party.
9.5 The User hereby irrevocably confirms that any intellectual property created pursuant to the participation of the User in any of the hunts run by the Website shall belong to the FIELD OF DREAMS and/ or the clients of FIELD OF DREAMS who create such hunts for the Website, as the case may be. The User hereby agrees not to claim any right, title or interest in relation to such intellectual property.
10.0 SHARING OF USER INFORMATION
11.0 ACCESS TO THE WEBSITE AND DELAYS
11.1 The website may not be accessible at certain times, or its access may be interrupted and Field of Dreams shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, terrorist attacks or other causes beyond its control. Field of Dreams shall have no responsibility to provide a User access to the Website while interruption of Website due to any such cause mentioned herein above shall continue. Field of Dreams may in its sole discretion, have the right to discontinue, delay and/or suspend the availability of any service on the Website at any point of time and shall not be held liable for any loss that may be incurred by any User caused due to such discontinuance/ delay/ suspension.
11.2 Further, Field of Dreams shall also not be responsible for the transmission of viruses or other contaminating or destructive programs through the Website, and use of the Website is at the User’s risk.
12.0 TERMINATION/ACCESS RESTRICTION
Field of Dreams reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
13.0 FEES PAYMENT
13.1 Field of Dreams reserves the right to charge fees for all of their events. Field of Dreams further reserves the right to alter any and all fees from time to time, without notice.
13.2 The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Field of Dreams Services.
14.0 USER'S OBLIGATIONS AND USER ACCOUNT
14.1 In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
14.2 To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipment including a computer/phone and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service providers charges which are to be exclusively borne by the User.
14.3 The user also understands that the services may include certain communications from Field of Dreams as service announcements and administrative messages. The user understands and agrees that the services are provided on an "as is" basis and that Field of Dreams does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
14.4 Registration of the User on the Website is mandatory. When the User registers himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Field of Dreams. You confirm that you are the authorized holder of the credit/debit card or the original account holder used in the transactions you make using the Field of Dreams services. Field of Dreams will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Field of Dreams Services.
14.5 The user also agrees and undertakes to immediately notify Field of Dreams of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the website. Field of Dreams shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
14.6 The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Field of Dreams has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Field of Dreams has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
14.7 Furthermore, the User grants Field of Dreams the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
15.1 Without prejudice to the other remedies available to Field of Dreams under this agreement, the TOS or under applicable law, Field of Dreams may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
(a) the user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
(b) Field of Dreams is unable to verify or authenticate any information provided by the user; or
(c) Field of Dreams believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Field of Dreams.
15.2 Field of Dreams may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user may not register or attempt to register with Field of Dreams or use the website in any manner whatsoever until such time that the user is reinstated by Field of Dreams. Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, Field of Dreams reserves the right to recover any amounts due and owing by the user to Field of Dreams and/or the service provider and to take strict legal action as Field of Dreams deems necessary.
16.0 REFUND AND CANCELLATION
16.1 Field of Dreams has a strict no refund and no cancellation policy.
16.2 Field of Dreams is not liable to refund any amount to any user in the event of a no show, delayed arrival, non-completion by the user, failure of mobile phone / internet data connectivity of the user.
16.3 In the event of any Force Majeure case, Field of Dreams is not liable to refund any amount to any user.
16.4 Field of Dreams is liable to refund only the actual fee paid by the user only if Field of Dreams cancels an event of their its own volition. The liability is limited as per Clause 5.0 of this agreement. All refunds will be processed online.
16.5 Field of Dreams will refund the amount within 45 days provided that the terms as per Clause 16.4 of this agreement have been met.
16.6 Field of Dreams reserves the right to cancel any experience, event or hunt with no prior notice to any user.
17.0 PROPRIETARY RIGHTS
17.1 Field of Dreams may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Field of Dreams and shall not copy, transmit or create derivative works of such material without express authorization from Field of Dreams.
17.2 The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Field of Dreams and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Field of Dreams and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Field of Dreams and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
20.0 INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
The User agrees to indemnify, defend and hold harmless Field of Dreams from and against any and 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 Field of Dreams 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 this Agreement and/or the TOS.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
23.0 TERMINATION OF AGREEMENT AND SERVICES
23.1 Either the User or Field of Dreams may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
23.2 The User agrees that Field of Dreams may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
23.3 This Agreement may be terminated by either the User or Field of Dreams through a written notice to the other. Field of Dreams shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Field of Dreams of such discontinuance.
23.4 Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and Field of Dreams shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
If to Field of Dreams, at notice@Yourcityhunt.com or at the address posted on the Website.
If to a non-registered User, at the communication and/or email address specified in the application form availing of a Field of Dreams Service.
If to a registered User, at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
25.0 GOVERNING LAW
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.