This Member & Service User Legal Policy (“Policy”) establishes the terms, conditions, rights, responsibilities and standards applicable to persons who participate in, register for, purchase, access or otherwise use services, activities, programmes or events organised, conducted, managed or facilitated by ISSCLUB PRIVATE LIMITED (“ISSCLUB”, “Company”, “we”, “us” or “our”).
The Company’s objects include organising and conducting traditional and indigenous games, sports, recreational, fitness, wellness, leisure, outdoor, educational, cultural, cognitive, yoga, meditation, mindfulness, camping and related activities and programmes. The Company may conduct such activities at residential societies, community spaces, schools, colleges, parks, playgrounds, corporate premises, public or private venues and other suitable locations.
This Policy applies to:
1.
registered members and service users;
2.
participants attending Company activities or events;
3.
parents or legal guardians registering or consenting on behalf of minors;
4.
persons using Company facilities, programmes, training, coaching or allied services; and
5.
persons participating in activities organised or facilitated by ISSCLUB through its trainers, coaches, instructors, professionals, consultants, partners or authorised personnel.
This Policy does not replace the Memorandum of Association (“MOA”), Articles of Association (“AOA”), applicable laws, individual service agreements, event-specific terms, consent forms, registration forms or other written agreements entered into by the Company.
For the purpose of this Policy:
“Activity” means any sports, game, recreational, fitness, wellness, outdoor, educational, cultural, cognitive, yoga, meditation, mindfulness, camping, adventure or allied activity organised or facilitated by ISSCLUB.
“Member” shall have the meaning assigned in the Company’s AOA and applicable law. The AOA defines a member as a person whose name is entered in the Register of Members.
“Service User” means any person who accesses, participates in, registers for or receives a service or activity from ISSCLUB, whether or not such person is a shareholder/member of the Company.
“Participant” means a person actually participating in an Activity.
“Minor” means a person below the applicable age of majority under Indian law.
“Guardian” means a parent or legally authorised guardian of a Minor.
“Company Personnel” includes trainers, coaches, instructors, referees, coordinators, event managers, employees, consultants, professionals, agents and other personnel engaged or appointed by ISSCLUB.
Registration for, attendance at, participation in or use of any ISSCLUB service or Activity constitutes acknowledgement that the Service User has read, understood and agreed to comply with this Policy and any applicable activity-specific rules.
Where the participant is a Minor, the parent or legal Guardian shall be responsible for reviewing this Policy and providing all required consents and information.
Additional terms may apply to particular Activities, including sports competitions, camps, adventure activities, outdoor programmes, children's programmes, corporate programmes and activities involving physical exercise.
Where an activity-specific term conflicts with this Policy, the activity-specific written term shall apply to the extent expressly stated.
ISSCLUB may provide or facilitate services including, without limitation:
- traditional and indigenous Indian games;
- sports training, coaching and competitions;
- recreational and leisure programmes;
- fitness and wellness activities;
- yoga, stretching, breathing, relaxation and meditation;
- mindfulness and concentration activities;
- cognitive and brain-development activities;
- sensory and developmental activities;
- activities designed for children with Autism Spectrum Disorder (ASD) and other developmental needs;
- cultural and Indian heritage programmes;
- shlokas, Sanskrit verses, prayers and chanting;
- camping, outdoor and nature-based activities;
- adventure and allied recreational activities;
- team-building and corporate programmes;
- educational activities;
- plantation and environmental programmes; and
- other activities falling within the Company's lawful objects.
ISSCLUB may appoint suitably qualified trainers, coaches, instructors, referees, coordinators, event managers and other professionals as considered appropriate for particular activities.
5.1.
Participants must provide accurate and complete information required for registration.
5.2.
The Company may prescribe eligibility criteria, age requirements, participation limits, skill requirements, medical declarations, consent requirements or other conditions for particular Activities.
5.3.
The Company may refuse, restrict, suspend or cancel participation where reasonably necessary for safety, operational, legal or disciplinary reasons.
5.4.
Registration or payment does not automatically guarantee participation in every Activity where the Activity has separate eligibility requirements, limited capacity or safety restrictions.
5.5.
Participants must notify the Company of any relevant limitation that may reasonably affect safe participation.
6.1.
Fees, charges and payment terms applicable to an Activity shall be communicated to the Service User before or at registration, wherever reasonably practicable.
6.2.
A booking or registration may be subject to payment of the applicable fee.
6.3.
The Company may prescribe separate terms concerning cancellations, postponements, transfers, credits and refunds for individual Activities.
6.4.
Taxes, statutory charges or other applicable amounts may be charged in addition to the advertised service fee where legally applicable.
6.5.
No refund shall be assumed unless the applicable booking terms, written agreement or applicable law provides for one.
6.6.
Any refund, credit or adjustment shall be processed in accordance with the applicable refund/cancellation terms and applicable law.
Every Service User and Participant shall:
a
comply with this Policy and all reasonable instructions issued by Company Personnel;
b
behave respectfully towards other participants, employees, trainers, instructors and third parties;
c
use facilities, equipment and premises responsibly;
d
follow applicable safety instructions;
e
not deliberately damage Company or third-party property;
f
not engage in threatening, abusive, violent, discriminatory, harassing or unlawful conduct;
g
not participate while intoxicated or otherwise materially impaired;
h
provide accurate information during registration;
i
comply with venue-specific rules; and
j
immediately report accidents, injuries, unsafe conditions or other serious incidents to the responsible Company Personnel.
8.1.
Many ISSCLUB Activities involve physical movement, exercise, sports, outdoor conditions, equipment, interaction with other participants or other inherent risks.
8.2.
Participants must assess their own ability to participate and must follow all reasonable safety instructions.
8.3.
Participants should seek appropriate medical advice before undertaking physical or strenuous Activities where they have concerns regarding their ability to participate.
8.4.
Participation in an Activity may involve inherent risks that cannot reasonably be eliminated despite appropriate precautions.
8.5.
The Company may modify, suspend, relocate or cancel an Activity where it reasonably considers this necessary due to weather, venue conditions, safety concerns, insufficient staffing, operational circumstances, legal requirements or other circumstances beyond its reasonable control.
8.6.
Nothing in this Policy is intended to exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.
9.1.
Participants are responsible for determining whether they are reasonably fit to participate in a particular Activity.
9.2.
Where an Activity requires a health declaration, medical certificate, fitness confirmation or other documentation, the participant must provide the same as required.
9.3.
The Company may request relevant information where reasonably necessary to assess participation requirements or emergency response.
9.4.
The Company is not a substitute for a doctor, medical practitioner, therapist or other healthcare professional unless a specific service is expressly provided by a duly qualified professional.
9.5.
Any activity described as promoting wellness, concentration, relaxation or general wellbeing is not, merely by virtue of that description, a medical treatment or guarantee of a particular health outcome.
10.1.
Activities involving Minors shall be subject to appropriate parental or Guardian consent and any additional requirements prescribed by the Company.
10.2.
Parents/Guardians must provide accurate emergency-contact and relevant participation information.
10.3.
Parents/Guardians remain responsible for information that they are required to provide concerning the Minor.
10.4.
The Company may impose additional safeguarding, supervision, pickup, drop-off, age or participation rules for children's programmes.
10.5.
Where an Activity is specifically designed for children with ASD or other developmental needs, the Company may engage suitably qualified trainers, educators, therapists, instructors or professionals wherever considered necessary.
10.6.
Participation in developmental or cognitive programmes does not constitute a guarantee of any specific developmental, educational, therapeutic or medical outcome.
11.1.
In an emergency, Company Personnel may take reasonable steps to protect the Participant and other persons.
11.2.
Where appropriate, the Company may contact the emergency contact, parent/Guardian or relevant emergency service.
11.3.
Participants must cooperate with reasonable emergency procedures and directions.
11.4.
The Company may maintain records of accidents, incidents, complaints and other operational matters as reasonably necessary for safety, administration, legal compliance and risk management.
12.1.
The Company may appoint or engage qualified trainers, coaches, instructors, referees, coordinators, event managers and other professionals for its Activities.
12.2.
The qualifications or role of a particular professional may vary depending upon the nature of the Activity.
12.3.
Participants shall follow reasonable instructions given by authorised Company Personnel.
12.4.
Where an external professional, venue, contractor or partner is independently responsible for a particular service, the relevant contractual and legal relationship may also apply.
The following conduct is prohibited:
violence or threats of violence;
harassment, bullying or intimidation;
abusive or seriously offensive behaviour;
discrimination or unlawful exclusion;
deliberate damage to property;
theft or misuse of property;
cheating, manipulation or deliberate misconduct in competitions;
unauthorised recording or distribution of another person's private information;
possession or use of prohibited substances or items at an Activity where prohibited by law or venue rules;
conduct creating an unreasonable safety risk; and
any unlawful conduct.
The Company may take reasonable disciplinary or operational action, including suspension or removal from an Activity, subject to applicable law and the relevant circumstances.
14.1.
Participants shall use Company, venue and third-party equipment responsibly.
14.2.
Participants may be responsible for loss or damage caused by their intentional or negligent misuse, subject to applicable law.
14.3.
Personal belongings remain the responsibility of the participant unless the Company has expressly accepted responsibility for their custody.
14.4.
Participants should not bring valuables or unnecessary personal property to Activities.
15.1.
The Company may conduct photography or video recording at events and Activities for legitimate operational, safety, documentation, archival or promotional purposes, subject to applicable law and appropriate consent requirements.
15.2.
Where specific consent is required, the Company shall obtain such consent through an appropriate form, notice or other lawful mechanism.
15.3.
Participants shall not photograph, record or publish another participant in a manner that unlawfully infringes privacy, confidentiality, safety or other rights.
15.4.
Special care shall be taken with photographs, recordings and information involving Minors.
16.1.
The Company may collect information reasonably necessary for registration, membership/service administration, communication, payment processing, safety, emergency contact, event management, legal compliance and other legitimate business purposes.
16.2.
The Company shall process personal information in accordance with applicable Indian law and the Company's applicable privacy notice/data protection practices.
16.3.
Participants should provide only accurate and relevant information requested for legitimate purposes.
16.4.
Personal information may, where lawfully permitted or required, be shared with authorised service providers, trainers, venues, event partners, professional advisers, emergency services or governmental/statutory authorities for relevant purposes.
16.5.
The Company shall apply reasonable organisational and technical measures appropriate to the nature of the information and applicable legal requirements.
16.6.
A separate Privacy Policy is issued by the Company and shall be read together with this Policy.
17.1.
Unless otherwise stated, materials created or provided by ISSCLUB, including programme materials, training materials, written content, branding, logos, documents, photographs owned by the Company and other proprietary materials, may be protected by applicable intellectual property laws.
17.2.
Participants shall not reproduce, commercially exploit, distribute or represent Company materials as their own without appropriate permission.
17.3.
The ISSCLUB name, branding and related intellectual property shall not be used for commercial purposes without written authorisation.
18.1.
Activities may be conducted at venues or with the assistance of third-party service providers, contractors, professionals or partners.
18.2.
Participants must comply with applicable venue rules in addition to this Policy.
18.3.
Where a third party independently provides a service, the terms applicable to that third-party service may also apply.
18.4.
Nothing in this section excludes any liability that cannot legally be excluded.
19.1.
The Company may cancel, postpone, reschedule or modify an Activity where reasonably necessary.
19.2.
A participant may cancel their participation subject to the applicable booking or programme terms.
19.3.
The Company may suspend or terminate a participant's access to an Activity for serious or repeated breach of this Policy, safety requirements, applicable law or reasonable instructions.
19.4.
Where appropriate, the Company may provide notice or an opportunity to address the issue, except where immediate action is reasonably necessary for safety, legal compliance or protection of persons/property.
19.5.
Any refund resulting from cancellation or termination shall be determined by the applicable terms and applicable law.
20.1.
Participants are encouraged to raise complaints or concerns promptly with the designated Company representative.
20.2.
Complaints should, wherever possible, contain sufficient information to allow the Company to understand and investigate the matter.
20.3.
The Company may request additional information or documents where reasonably necessary.
20.4.
The Company shall endeavour to review complaints fairly and within a reasonable period having regard to the nature and complexity of the matter.
20.5.
Nothing in this procedure prevents a person from exercising a legal right or remedy available under applicable law.
21.1.
To the maximum extent permitted by applicable law, the Company shall not be responsible for losses arising solely from matters outside its reasonable control or from a participant's failure to follow applicable safety instructions or disclose relevant information.
21.2.
Nothing in this Policy excludes, restricts or limits liability where such exclusion, restriction or limitation is prohibited by applicable law.
21.3.
Nothing in this Policy shall be interpreted as excluding statutory rights available to consumers, participants, Minors or other persons under applicable law.
21.4.
Any limitation of liability shall be interpreted subject to mandatory provisions of Indian law.
To the extent permitted by applicable law, a Service User may be responsible for losses or claims caused by the Service User's wilful misconduct, unlawful conduct or material breach of this Policy.
No indemnity under this Policy shall apply to the extent that it would unlawfully exclude or transfer liability that cannot legally be excluded or transferred.
The Company shall not be responsible for delay, interruption, cancellation or inability to provide an Activity to the extent caused by circumstances beyond its reasonable control, including natural events, severe weather, governmental restrictions, public emergencies, venue closure, transport disruption, labour disruption, technical failures or other comparable circumstances.
The Company shall endeavour to communicate material changes to affected participants as reasonably practicable.
24.1.
Participants should first attempt to resolve complaints or disputes through the Company's internal grievance process.
24.2.
Nothing prevents a person from approaching any forum, authority or remedy available under mandatory applicable law.
24.3.
Where the parties agree to arbitration or another alternative dispute-resolution mechanism, the terms of such mechanism shall be recorded in an applicable written agreement.
24.4.
The Company's corporate documents contemplate the Company's ability to refer disputes to arbitration, subject to applicable law. Any member/service-user arrangement should therefore specify the appropriate dispute mechanism rather than relying solely on the corporate AOA.
This Policy shall be governed by the laws applicable in India.
Subject to mandatory statutory rights and jurisdictional requirements, disputes shall be subject to the jurisdiction of the competent courts/authorities having jurisdiction over the relevant matter.
Nothing in this clause shall restrict any non-waivable statutory right or remedy.
26.1.
This Policy is an operational/service-user policy and does not amend or replace the Company's MOA or AOA.
26.2.
The Company's MOA defines the objects for which ISSCLUB is established, including its sports, recreational, fitness, wellness, cultural, educational, outdoor and allied activities.
26.3.
The Company's AOA governs the internal management of the Company and matters concerning Members/shareholders, including share capital, transfer of shares, meetings, voting and Board powers.
26.4.
In the event of inconsistency between this Policy and the Company's constitutional documents, applicable law shall prevail, followed by the MOA/AOA to the extent applicable to the matter.
26.5.
A Service User who is not a shareholder/member of the Company shall not acquire shareholder rights merely by using or purchasing a Company service.
27.1.
The Company may amend this Policy from time to time to reflect changes in its services, operations, applicable law, safety requirements or business practices.
27.2.
Material changes may be communicated through appropriate channels.
27.3.
The updated version shall specify its effective date.
If any provision of this Policy is held invalid, unlawful or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it lawful and enforceable, where legally permissible.
The remaining provisions shall continue to operate to the extent permitted by law.
Failure by the Company to enforce any provision of this Policy on one occasion shall not constitute a waiver of its right to enforce the same or any other provision subsequently.
This Policy, together with applicable registration terms, activity-specific terms, consent forms, service agreements and Company privacy notices, constitutes the applicable framework governing the relevant service relationship, subject always to mandatory applicable law.
By registering for or participating in an ISSCLUB Activity, the Member/Service User acknowledges that:
Affirmations & Undertakings
1. they have had an opportunity to read this Policy;
2. they understand that certain Activities may involve inherent physical or outdoor risks;
3. they agree to follow reasonable safety instructions;
4. the information provided by them is accurate to the best of their knowledge;
5. they will behave responsibly and respectfully;
6. they understand that specific Activities may have additional terms;
7. where participating on behalf of a Minor, they have the authority to provide the required consent; and
8. they understand that this Policy does not remove any mandatory legal rights available to them.
