Terms & Conditions
GOL Media Pvt Ltd. welcomes you to use and access our Services. We ask that
you review these Terms and the Privacy Policy, which are collectively intended to
constitute a binding agreement that describes when and the terms under which
you are allowed to access or use the Services. GOL Media Pvt Ltd. reserves the
right to change, modify, add or remove any of the Terms and Privacy Policy, at
any time, for any reason. The latest Terms and Privacy Policy will be posted on the
Website, (and changing the “Updated on” date reflected in the top left-hand
corner of these Terms accordingly) only (unless otherwise determined at GOL
Media Pvt Ltd.’s sole discretion), and such amendments shall apply to your
continued access to or use of the Services. You acknowledge and agree that by
continuing to access or use our Services, you accept fully and shall abide by the
latest Terms and Privacy Policy.
Key Definitions
“GOL Media Pvt Ltd.” (or “we”, “our”, or “us”)
“Privacy Policy” means our privacy policy located at googly.gg
“Services” means the Website; all other applications, services and/or products
provided, operated and owned by GOL Media Pvt Ltd. that are presently offered,
or will be offered in the future; any information, materials, software, products,
services (e.g., tournament creation, and bracket generation) and content
provided by GOL Media Pvt Ltd. or otherwise available through the Website
(including linked information); artwork, photos, video and audio content; and all
updates to the aforementioned items.
“Terms” means these terms and conditions of use.
“User” means the party that uses the Services, including but not limited to: (a)
Content Contributor: a party who makes content articles in the form of text,
images or videos to be displayed via the Services; (b) Tournament Creator or
Organiser: a party who makes or organises a tournament through the dedicated
tournament page via the Services; (c) Tournament Participant: a party who
participates in a tournament that is available through dedicated tournament
page via the Services; (d) Team Leader: a party who registers a group of team
members to participate in a tournament through the dedicated tournament
registration page via the Services; and (e) Buyer: a party who makes purchase via
the Services using the available payment methods, where a User can have 1 or
more of the defined roles as mentioned above.
“Website” means our website located at www.googly.gg all affiliated websites
(including mobile websites) and any applications published by us or our affiliates
for access to or use of the website or any Services owned and operated by us, our
predecessors or successors in interests or our affiliates.
Terms and Conditions of Use; Privacy Policy
By registering and/or using the Services, User agrees to be contractually bound to
these Terms and the Privacy Policy, which shall have the same legal effect as if
the Terms and Privacy Policy had been personally signed by you. By using our
Services, you represent and warrant that: (i) you are not prohibited by the laws of
your country (you are residing in) from accessing or using the Website, in
accordance with these Terms. To the extent permitted by law, the Terms are
intended to supersede any provisions of applicable law which might otherwise
limit its enforceability or effect. If you do not agree to these Terms or the Privacy
Policy, as updated from time to time, you should stop accessing or using the
Services immediately.
Account, Password and Security
Users who have registered a User Account may utilise the Services, with the
following conditions:
Content Contributor
Users who act as Content Contributor are required to register and receive
approval from GOL Media Pvt Ltd. as a contributor to submit content. Once
registered, Content Contributor can create content in the form of text, images,
audio or videos. Any content created will go through a review process by GOL
Media Pvt Ltd. before it will be displayed on the Website or Services. Any content
created must comply with GOL Media Pvt Ltd. rules regarding content and
applicable laws and regulations.
You recognize that by creating an account on googly.gg, you commit to uphold
the values of GOL media Pvt Ltd for a brighter future in gaming: inclusion,
integration, diversity, and kindness. You acknowledge Googly is a site that
prioritizes the safety and respect of its members, and any form of racism, sexism,
ableism, or other prejudices will not be tolerated. Engaging in any of the listed
behaviours will result in the termination of my account.
Tournament Creator / Organiser
Users who act as Tournament Creator are required to register and receive
approval from GOL Media Pvt Ltd. as the creator of the registered tournament,
where: (i) the Tournament Participants are required to pay for their participation
in the tournament; or (ii) the tournament involves prize money. After being
registered, tournament creator can create game tournament by providing clear
information and rules while complying with GOL Media Pvt Ltd. rules regarding
tournament. Tournament Creator is fully responsible to the Tournament
Participants on conducting the tournament. Every tournament must comply with
GOL Media Pvt Ltd. rules regarding tournaments and applicable laws and
regulations.
Tournament Participant
Users who act as Tournament Participant are required to comply with GOL Media
Pvt Ltd. rules regarding tournament and also the rules imposed by the
Tournament Creator. Tournament Participant is fully responsible for participating
in tournament conforming the information and rules that apply to each
tournament. GOL Media Pvt Ltd. is not responsible for incompatibility of the
tournament conducted by the Tournament Creator.
Team Leader
Users who act as Team Leader are required to comply with GOL Media Pvt Ltd.
rules regarding tournaments and also the rules imposed by the Tournament
Creator. Team Leader is fully responsible to obtain consent from the team
members for their respective personal details provided during tournament
registration, and parental/guardian consent for team members under 18 years
old. Upon successful team registration, the team members are to comply with
the Tournament Participant’s GOL Media Pvt Ltd. rules and regulations.
Games Voucher Buyer
Users who act as buyer shall make payment according to the available payment
method via the Services (if applicable).
In order to access and use the Services, you must possess a registered User
Account approved by GOL Media Pvt Ltd. (“User Account”). You agree to: (a)
provide accurate, current and complete information when creating or updating
the User Account; (b) maintain and promptly update the User Account information;
(c) maintain the security and confidentiality of your login credentials
and restrict access to your User Account and your computer (and other devices
on which Services are accessed); (d) promptly notify GOL Media Pvt Ltd. if you
discover or otherwise suspect any security breaches related to the Services; and
(e) take responsibility for all activities that occur under your User Account and
accept all risks of unauthorised access.
GOL Media Pvt Ltd. without prior notice to User, has the authority to take actions
deemed necessary for any suspected violations of the Terms and/or applicable
law. Actions that can be taken include but are not limited to deleting content,
removing tournament, deleting applications, suspending accounts, deleting User
Accounts and/or in accordance with applicable legal provisions.
GOL Media Pvt Ltd. has the authority to suspend or terminate User Account at its
sole discretion if there is or is reason to believe that there has been any violation
of these Terms and/or applicable laws and regulations.
User is prohibited from creating and/or using devices, software, features and/or
other tools intended to manipulate GOL Media Pvt Ltd. system, including but not
limited to: (i) manipulation of User data; (ii) spamming activities; (iii) manipulation
of engagement content (vi) other activities that can reasonably be considered as
acts of system manipulation.
User is fully responsible for maintaining the confidentiality of the account and
password for all activities carried out using the User's User Account, including but
not limited to any risks and/or losses that arise as a result of misuse of account by
third parties. GOL Media Pvt Ltd. reserves the right to assume that User access to
GOL Media Pvt Ltd. services using User Account and password as legitimate
access made by User himself. The User hereby releases GOL Media Pvt Ltd. from
any claims that may arise in any form and from any party in connection with
User’s use of the Services (whether authorised or otherwise).
GOL Media Pvt Ltd. will not ask for username, password or SMS verification code
or OTP code belonging to the User Account for any reason other than for the
purposes of logging in to the Services, therefore GOL Media Pvt Ltd. urges User
not to provide such data or other important data to any parties claiming as GOL
Media Pvt Ltd. or other parties whose security cannot be guaranteed, in the event
that login action is not carried out directly by the User.
User agrees to ensure that at the end of each session User will log out and notify
GOL Media Pvt Ltd. if there is any unauthorised use of the account and/or
password.
User hereby declares that GOL Media Pvt Ltd. is not responsible for any loss or
obstacles arising from misuse of User Account caused by User negligence,
including but not limited to lending or giving account access to other parties,
accessing links or links provided by other parties, provide or show a verification
code (OTP), password or email to other parties, or other User negligence that
results in loss or obstacles to the User Account.
User understands and agrees that to use the one-time password (OTP) security
facility, the relevant telecommunication service provider may at any time charge
Users with a certain nominal according to the policies of each operator.
Content
In using any of GOL Media Pvt Ltd. features and/or Services, User is prohibited
from uploading or using any words, comments, images or content that contain
any form of racism, sexism, queerphobia, ableism, or other prejudices and
violating morality, pornography, discrimination, initiating gambling, humiliation,
demeaning or cornering other people, vulgar, threatening, extortion, defamation,
violation of intellectual property rights or in contravention of applicable laws and
regulations as well as other matters that may be considered not in accordance
with social values and norms or based on self-determined policies by GOL Media
Pvt Ltd.. GOL Media Pvt Ltd. has the right to take necessary actions for violations
of these provisions, including but not limited to the removal of content, content
moderation, account blocking, and other things that are possible under the laws
and regulations.
User is prohibited from using photos/images that have watermark which indicate
ownership rights of others. If the User is going to use other people's content, the
User must include the source and/or permission of the content owner.
User hereby understands and agrees that misuse of photos/images uploaded
becomes the personal responsibility of the User. GOL Media Pvt Ltd. is not
responsible for violations committed by Users on other people's intellectual
property rights in GOL Media Pvt Ltd. service.
By uploading content to Website or via its Services, User gives GOL Media Pvt Ltd.
non-exclusive rights, throughout the world, continuously, irrevocably, royalty-free,
sublicensed (through several levels), the right to carry out any and all copyright,
publicity, trademark, database rights and intellectual property rights that the
User has for the content, in any media known now or in the future. Furthermore,
to be fully permitted under the applicable legal provisions, User excludes moral
rights and is willing to not claim those rights to GOL Media Pvt Ltd..
Content or material that will be displayed or displayed via the Services will be
subjected to these Terms, legal regulations, and applicable content ethics.
GOL Media Pvt Ltd. has the right to at any time reduce the content or material
contained in GOL Media Pvt Ltd. which is considered to violate these Terms,
applicable legal regulations, and applicable content ethics.
Tournament
GOL Media Pvt Ltd. provides a dedicated page to display games tournaments
created by Tournament Creators. User can become Tournament Creator or
Tournament Participant referring to the applicable terms and conditions.
Tournament Creators can create tournaments by following the steps available via
the Services. Tournament Creator must complete the information and rules of the
tournament and then submit them for approval by GOL Media Pvt Ltd.. Where
Tournament Creators charge any entry fees to the Tournament Participants, such
fees will be collected by GOL Media Pvt Ltd. and shall only be released to the
Tournament Creators upon the administration and completion of the
tournament in accordance with GOL Media Pvt Ltd. rules regarding tournaments
and applicable laws and regulations, as determined by GOL Media Pvt Ltd. in its
sole discretion. Tournament Creator must update the information regarding the
tournament since the tournament information publicly available until all
tournament matches are completed.
Tournament Participants can take part in tournaments available via the Services
by conforming to the terms and rules that apply to each tournament.
Tournament Participant is responsible for participating in tournaments
conforming to information and rules that apply to each tournament.
Tournament Prize Money distribution: Upon complete submission of tournament
scores and required supporting documentation by the Tournament Participants
and/or the Tournament Creator, GOL Media Pvt Ltd. will provide [30] days for any
dispute from other participants to be raised and resolved in relation to the
tournament scores. Once GOL Media Pvt Ltd. has validated the tournament
completion and the winners, at its sole discretion, the Tournament Creator will be
permitted to disburse the prize monies through a dedicated Prize Money
distribution function via the Services.
GOL Media Pvt Ltd. or any other parties involved in application distribution are
not responsible for any losses or obstacles arising from the incompatibility of the
tournament by the Tournament Creator.
GOL Media Pvt Ltd. without prior notice to User, has the authority to take actions
that are deemed necessary for any suspected violations of Terms and/or
applicable law. Actions that can be taken include but are not limited to the
removal of tournament, User Account suspension, deletion of User Accounts
and/or in accordance with applicable legal provisions.
GOL Media Pvt Ltd. has the authority to close User Account both temporarily and
permanently if there is any violation of these Terms.
Store
GOL Media Pvt Ltd. provides a Store feature, which provides Games Vouchers,
Merchandise, and Partner products.
User can purchase the available items in googly website. Store. Payment can be
made with the available payment method via third party service providers.
GOL Media Pvt Ltd. without prior notice to User, has the authority to take actions
deemed necessary for any suspected violations of the Terms and/or applicable
law. Actions that can be taken include but are not limited to deletion of
applications, User Account suspension, deletion of User Accounts and/or in
accordance with applicable legal provisions.
GOL Media Pvt Ltd. has the authority to close User Accounts both temporarily
and permanently if there is any violation of these Terms.
Payments can be made by User using payment methods via our payment
partners, including but not limited to e-wallets. Subject to Section 10 (Warranty
Disclaimer; Limitation of Liability) of these terms, in the event of any error and/or
discrepancy in payment, you may contact us at contact@googly.media and we
will endeavour to assist you in the resolution of your dispute or query with our
relevant payment partners. For the avoidance of doubt, any assistance provided
by GOL Media Pvt Ltd. is merely to facilitate the resolutions of disputes between
the User and our payment partners, and the User hereby releases the GOL Media
Pvt Ltd. from the responsibility to provide compensation for losses incurred due
to the error of the payment partner. The User can also directly contact our
payment partners for resolution of the dispute and/or for further clarification.
Payments & Refund policy
In case of refund, the amount shall be refunded to the User through the same
mode that was used for making the payment of the Purchases. It may take 10-15
days for the amount to be refunded.
If the payment method, which you used to make the payment (such as credit/
debit card) at the time of purchase, is no longer valid, refund will be issued to
account details provided by the User on verification.
Money loaded into e-wallet or prize money won in the tournament can be
withdrawn to the choice of the user bank account on verification of account
details provide by the user.
Promotions
GOL Media Pvt Ltd. may at any time hold promotional activities (hereinafter
referred to as "Promo") with terms and conditions that may differ in each Promo
activity. User is encouraged to read carefully the terms and conditions applicable
to each Promo.
GOL Media Pvt Ltd. reserves the right, without prior notice, to take necessary
actions including but not limited to withdrawing subsidies or cashback,
cancelling GOL Media Pvt Ltd. Point benefits, revoking Promo, cancelling
transactions, holding funds, reducing reputation, closing accounts, and other
things if there is found manipulation, violation or utilization of the Promo for the
personal benefit of the User, as well as an indication of fraud or violation to GOL
Media Pvt Ltd. Terms and/or applicable law.
User can only use one (1) GOL Media Pvt Ltd. account to participate in every GOL
Media Pvt Ltd. promo. Where GOL Media Pvt Ltd. has identified the creation of
more than one (1) account by an individual User and/or the same mobile number
and/or the same email address and/or the same customer ID and/or the same
payment identity and/or the same transaction history, the User shall not entitled
to benefit from GOL Media Pvt Ltd. promo and GOL Media Pvt Ltd. has the right
to take other actions deemed necessary, at GOL Media Pvt Ltd.’s sole discretion.
GOL Media Pvt Ltd. Reward Points
GOL Media Pvt Ltd. provides a loyalty feature for its User by way of GOL Media Pvt
Ltd. Reward Points, which include and are not limited to Loyalty Points and
Googly Tokins (collectively, the “GOL Media Pvt Ltd. Points”).
GOL Media Pvt Ltd. Points can be used to get benefits such as but not limited to
discounts, avatar package, unique graphics, partner product and merchandise.
User will get GOL Media Pvt Ltd. Points when certain transactions or activities
have been completed by the User. The number of GOL Media Pvt Ltd. Points
given can vary for each User and at a certain time.
GOL Media Pvt Ltd. reserves the right, without prior notice, to change the number
of GOL Media Pvt Ltd. Points given.
GOL Media Pvt Ltd. has the right, without prior notice, to take necessary actions
including but not limited to cancelling discount, withdrawing game items,
cancelling GOL Media Pvt Ltd. Points benefits, cancelling transactions, holding
funds, and other actions if manipulation, violation for personal gain of the User, as
well as indications of fraud or violations of these Terms and applicable laws and
regulations.
Intellectual Property Rights
GOL Media Pvt Ltd. has a variety of brands, logos, and trademarks. User
acknowledges and agrees that GOL Media Pvt Ltd.'s intellectual property rights
(“IPR”) through content that is used or displayed via the Services, or any
intellectual property rights owned by third parties contained in the Services, may
not be copied, used, applied and implemented in whole or in part, without prior
written permission from GOL Media Pvt Ltd. and/or other parties that have IPR
contained in the Services. GOL Media Pvt Ltd. has the right to claim illegal use of
IPR based on applicable law.
All forms of images, logos, videos and other forms found on the Services that are
owned by partners are partner assets.
Users guarantee that they do not violate IPRs in uploading User content via the
Services. Each User hereby is personally responsible for violations of IPR in
uploading content via the Services. GOL Media Pvt Ltd. is not responsible for
violations committed by Users of third party IPR by way of the User’s use of the
Services.
Warranty Disclaimer; Limitation of Liability
The Services are provided on an ‘as is’ and ‘as available’ basis by GOL Media Pvt
Ltd., without any express or implied warranty. GOL Media Pvt Ltd. provides no
guarantee as to the performance or the uninterrupted, or secure availability of
the Services. GOL Media Pvt Ltd. disclaims all warranties, express or implied,
relating to the Services including, without limitation, implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement as to
the site and the information, content and materials contained therein. GOL Media
Pvt Ltd. does not represent or warrant that the Services are accurate, complete,
reliable, current or error-free. Further, GOL Media Pvt Ltd. does not warrant that
any errors in the Services will be corrected. While GOL Media Pvt Ltd. attempts to
make your access and use of the Services safe, GOL Media Pvt Ltd. cannot and
does not represent or warrant that the Services or its server(s) are free of defects,
viruses, malware, or other harmful components. GOL Media Pvt Ltd. shall not be
liable for any damages suffered as a result of using, modifying, contributing,
copying, distributing, or downloading the Services.
GOL Media Pvt Ltd. expressly disclaims all and any liability arising out of, related
to or in connection with any of the following: (a) internet or connectivity
interruptions or delays; (b) your or any third party's data, equipment, network,
servers, applications, properties, cabling, systems, facilities or devices; (c)
scheduled maintenance or other modification to the Services; (d) any act or
omission by you or any third party; (e) use of the Services which is not permitted
hereunder; (f) modifications to the Services by any person or entity, other than
GOL Media Pvt Ltd.; and/or (g) force majeure.
Without limiting the generality of the foregoing, you acknowledge and agree that
the Services will, from time to time, be subject to interruptions, delays and lag
time arising from maintenance, servicing, User activity, User access, connectivity
or otherwise and GOL Media Pvt Ltd. disclaims all liability arising therefrom.
GOL Media Pvt Ltd. reserves the right to change any and all content contained in
the Services at any time, without providing prior notice to you. Reference to any
products, services, processes, or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship, or recommendation thereof, or any affiliation therewith, by GOL
Media Pvt Ltd.. User is responsible for and bears all risks to the content, language
and applications that are consciously submitted so that they are available and
displayed for GOL Media Pvt Ltd. service. In the event of a personal violation by a
User including but not limited to IPR infringement, system manipulation, account
misuse or other User's negligence, User is personally responsible for the violation
and releases GOL Media Pvt Ltd. from claims arising from third parties.
GOL Media Pvt Ltd. is not responsible for inconsistencies that occur in the
tournaments held by Tournament Creators through the User using the Services.
In order to provide a more varied payment method, GOL Media Pvt Ltd.
collaborates with other parties to make it easier for User to choose the payment
method that suits their needs. Therefore, in the event that there is a discrepancy
and/or error in the payment method provided by the payment partner, both in
the system and its usage, the User can directly file a complaint with the payment
partner and hereby release the GOL Media Pvt Ltd. from the responsibility to
provide compensation for losses incurred due to the error of the payment
partner.
Governing Law and Jurisdiction
These Terms (and the Privacy Policy) shall be governed and construed in
accordance with the laws of India. To the fullest extent permitted by applicable
laws, you hereby expressly agree that any proceeding arising out of or relating to
this Policy will be instituted in courts in [New Delhi, India].
Notices, Support & Questions
Any notice, request, consent, or approval required or permitted to be given under
these Terms or pursuant to law shall be sufficient if in writing, and in your case,
when sent by email and/or registered mail to the relevant address provided by
you, and in the case of GOL Media Pvt Ltd., to the email address as set out below:
Contact@googly,media