1. INTRODUCTION
These Terms and Conditions of Use (“Terms of Use”) is a legal contract between HOWARD DELAFIELD INTERNATIONAL (“HDI” or “We, “we” or “Us”, us” or “Our, our”) and you (“User”, “You”, “you” or “your”, “Your”), a User. These terms govern the use of the online gaming website being www.gobrogame.com (the “Website”) and its related mobile application Go Bro (the “Game App”) (collectively referred to as the “Platform”). These Terms of Use governs your use of the Platform through any mode of computers, tablets, mobile or any other storage/transmitting device.
The Platform is operated and owned by HOWARD DELAFIELD INTERNATIONAL, LLP incorporated under the laws of United States and having its office at 1101 30thStreet, NW, Suite 500, Washington, DC 20007 USA. The Platform provides online Game (as defined below) for Indian adolescent boys and youth between the age group of 15-19 years for the Purpose (as defined below). The Game has different levels such as Level 1, Level 2 and Level 3, etc. The topics in the Game include among others, relationships, healthy behaviour, consent, fertility awareness and the importance of contraception etc.
The technical content in the Game has been developed by health educators and academicians, technical specialists in the area of sexual and reproductive health and family planning, and public health professionals from adolescent, youth, and gender programs, and is consistent with the international technical guidance on sexuality education https://www.unfpa.org/sites/default/files/pub-pdf/ITGSE.pdf. The Platform has been developed based on insights from formative research with Indian boys in the 15-19 age group and has been designed and tested with a cohort of adolescent boys in this age group over a period of two years, using evidence-based research,
human centred design and rapid prototyping for testing the Game’s mechanics and usability.
The information covered through the medium of the Platform is consistent with the objectives and principles of the “School Health Program” launched under the “Ayushman Bharat” program of the Government of India, with specific reference to the age appropriate topics recommended for middle and high school. The School
Health Program initiative is aimed to strengthen the existing programs: “Rashtriya Bal Swasthya Karyakram” (RBSK) and “Rashtriya Kishor Swasthya Karyakram” (RKSK) by strengthening the preventive and promotive aspects of health in environment of schools, in line with the overall approach of “Ayushman Bharat”, wherein activities have been designed to empower students to take charge of their health and make appropriate choices for practicing healthy behaviours. (For more information, please see the Operational Guidelines on School Health Programme under Ayushman Bharat) available at:
BY ACCESSING AND USING THE PLATFORM, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE THEN DO NOT USE THE PLATFORM.
PLEASE NOTE THAT ANY ADVICE, INFORMATION, AND/OR GUIDANCE INCLUDING BUT NOT LIMITED TO ARTICLES, GRAPHICS, VIDEOS, AND LINKS FEATURED ON THE PLATFORM ARE FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO BE EXPERT ADVICE OR MEDICAL ADVICE. HDI SHALL NOT BE HELD LIABLE FOR ANY SUCH INFORMATION, ADVICE OR GUIDANCE. YOU MUST TAKE INDEPENDENT ADVICE FROM AN EXPERT ADVISOR FOR YOUR ISSUES RELATED TO YOUR HEALTH AND WELL BEING.
We may update these Terms of Use from time to time to reflect new practices or technologies that impact use of the Platform. The date of the last revision or update appears at the top under the title. PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE GAME’S PRIVACY POLICY www.gobrogame.com /privacy. IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND THE PRIVACY POLICY THEN DO NOT USE THE PLATFORM.
2. DEFINITIONS
2.1 “Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental
authority of India;
2.2 “Content” shall include (but is not limited to) any data, graphics, files, content, images, videos, location data, software, or other materials or information of any type;
2.3 “Game” shall mean the mobile game presented on the Platform pertaining to the Purpose.
2.4 “Intellectual Property Rights” shall mean registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether
registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process or presentation, content, and videos and exercises;
2.5 “Mentor” shall mean mentor as identified in the Game;
2.6 “Purpose” shall mean the purpose for educating and fac
ilitating the understanding of issues relating to adolescent sexual and reproductive health and well-being;
2.7 “Research Materials” shall mean offline research conducted by HDI with the consent of the User;
2.8 “Reward/(s)” shall mean any real-life rewards issued by HDI to you upon the completion of the Game levels, achieving high scores, and achievements made through the Game as provided in HDI reward Policy.
2.9 “Website” shall mean the website ___________________; and
2.10 “Output” shall mean any guidance, information, recommendations, communications generated by the Game and shall include and information by the Mentor on the Platform. For the avoidance of any doubt, Output shall also include Research Materials on the Platform, and the outcome of the Research
Materials.
3. ELIGIBILITY TO USE THE PLATFORM
You confirm that you are an Indian boy of at least 15 years of age and is eligible to use the Platform.
If you have any questions, you may contact us at support@gameofchoicenotchance.com.
We reserve the right to refuse access to the Platform to new Users or to withdraw access granted to existing User(s) at any time without according any reasons for doing so.
4. TERMS AND CONDITIONS PERTAINING TO THE GAME
4.1. HDI provides the Game and the Outputs on the Platform for general information for the Purpose. HDI does not, through the Platform, provide any expert advice on adolescent sexual and reproductive health and well-being. Any information available on the Platform is for general reference purposes only and is not a
substitute for professional medical advice, diagnosis, or treatment in any form or manner. You must take independent advice from a qualified healthcare professional in case of any questions regarding your health and wellbeing.
4.2. All Outputs are generated based on the details, information and inputs provided by the User and no ideas should be construed as expert or medical advice and shall not be binding on HDI. Hence, when you avail of or rely upon the Outputs, the use of the Outputs shall be at your sole discretion and at your sole risk. HDI shall not be responsible for any medical negligence nor be liable to compensate you for any loss or damages incurred by you as a result of you using or relying on the Game and/or the Outputs.
4.3. The Game and the Outputs are for education and information purposes and the User shall be solely responsible for User’s reliance on the Output and its judgement.
4.4. You shall not hold HDI, its directors, officers, representatives and employees liable for any claim, suit, action, loss, damage, expense, which you may incur as a result of playing the Game or your decision to use or rely upon the Output.
4.5. You shall provide true, accurate and adequate information when requested on the Platform. HDI will not be responsible for the Output provided through the Platform including Outputs based on false information given by the User.
4.6. Nothing contained hereunder in this Agreement shall bind, or require the User to rely on, or act on the Output.
4.7. HDI does not make any claims with respect to the performance of any Output and/or Research Materials and shall not have any liability towards any losses that the Users may incur as a direct or indirect result of their decision, to follow any guidance generated by the Output.
4.8. You shall use the Platform solely for playing the Game. Any use or attempted use of the Platform apart for the Purposes, will result in ban or termination and forfeiture of the use of the Platform or any Rewards.
5. TERMS AND CONDITIONS PERTAINING TO THE RESEARCH ON THE PLATFORM
5.1. During the course of playing the Game, you may opt to participate in research topics provided by HDI. The research option is provided by HDI outside the Game and will not be part of the Game’s data.
5.2. For this we may need to take your Personal Data, the terms of which will be guided by our Privacy Policy (link).
5.3. You understand that playing the Game does not compel you to participate in the research and it is optional. When you opt for the research, we may collect your phone number and your name. Your personal identifiable information will be used only for the research purpose and will not be shared with any third party.
5.4. You understand that all Game, Output, any Content and its arrangements that appear on the Platform are owned by or licensed to HDI and its affiliates, subject
to copyright or other Intellectual Property Rights held by third parties. Accessing or using the Platform does not give you ownership of any Intellectual Property Rights of HDI.
5.5. All copyright and other Intellectual Property Rights in the Research Materials including but not limited to the Output, research papers, publications, books, graphics, videos and articles that appear on the Platform or is an outcome of the Research Materials shall belong solely to HDI. HDI may also commercialize the same at its sole discretion.
6. MODIFICATION
We may amend or update or change these Terms of Use from time to time entirely at our own discretion to reflect new practices or technologies that impact use of the Platform. We recommend that you review these Terms of Use on a routine basis to view any changes. The date of the last revision or update appears below the title of this document. Your use of the Platform after any such amendment or change in the Terms of Use shall be deemed as your express acceptance to such amended/changed Terms of Use and you also agree to be bound by such changed/amended Terms of Use.
7. USER ACCOUNT INFORMATION
If you wish to access our Platform, then you may login to our Website or download the App. You are not required to register or provide your username, password or such other details for using our Platform.
During the course of playing the Game, you may be eligible to receive Rewards at the sole discretion of HDI. The Rewards provided by HDI shall be as per the terms of HDI Privacy policy. For this we may need to take your Personal Data, the terms of
which will be guided by our Privacy Policy (link).
You understand that message and data rates may apply when you use our mobile applications on your device. You agree that HDI will not be responsible for the message and data rates due to your use of any of our mobile applications on your device and You are solely responsible for any costs associated with using the Platform on your devices.
8. LICENSE GRANT
Subject to the terms and conditions of these Terms of Use, HDI grants you a personal, limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access the Platform. Except for this limited grant of access and use under
these Terms of Use, we do not grant you any other rights to the Platform.
9. USAGE OF THE PLATFORM
Authority: You represent that you agree that you are permitted to use the Platform under Applicable Law.
Use of the Platform: You must follow any guidelines or policies associated with the use of the Platform. You must not misuse or interfere with the Platform or try to access them using a method other than the interface and the instructions that we
provide.
10.RESTRICTIONS
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles and You agree not to:
10.1. Defeat, damage or interfere with any security feature of our Platform, nor attempt to do so;
10.2. Cheat, use any deceptive methods or otherwise evade or violate the rules or intended operation of any software in the Platform, nor attempt to do so;
10.3. Reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any Game, Output or Content component or any access to the Platform, without the prior written permission of HDI, except for information you have submitted or posted through the Platform;
10.4. In any manner whatsoever copy or distribute any proprietary information for any commercial or business use, except with our prior written permission;
10.5. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by Applicable Law;
10.6. Transmit or upload programs, Content or materials on the Platform that contain malicious code, such as viruses, trojan horses, spyware, or other potentially harmful programs or other material or information; or
10.7. Violate any Applicable Laws for the time being in force.
In case of any non-compliance by You, You agree that HDI has the right to terminate your access or usage of the Platform.
11. LIABILITY
We do not make any claims, promises, or guarantees about the accuracy, completeness, or adequacy of the Game, Content, or Output available through the Platform and You understand that we will not be liable for errors and omissions in the Game, Content or Output available through the Platform.
12.SPONSORS, ADVERTISERS AND THIRD PARTIES
Our Platform may contain sponsors, advertisers or third party websites, links or applications. You agree and understand that the terms of use, privacy policies of these websites are not under Our control. You understand that once you leave our Platform and use of any third party websites, links or applications, You shall be
governed by the terms of use and privacy policy of the operator of such site. HDI shall also not be responsible for such sites in our Platform participating in promotion. You agree that the dealings are solely between you and such third parties.
The Platform may contain specific commercial products, processes, or services and such advertisements or references are for information and convenience and does not constitute endorsement or recommendation by us.
You acknowledge and agree that HDI is not liable for any loss or damage whether direct or indirect which may arise as a result of the availability of those external sites, or as a result of any dealings by you and the third party on such web sites or content
and also advertisers.
13.INDEMNIFICATION
To the maximum extent permitted by Applicable Law, you agree to defend, indemnify and hold HDI and its affiliates, subsidiaries, directors, agents and employees (“Indemnified Parties”) harmless against any and all claims, demands, actions, costs, expenses, liabilities, judgments, causes of actions, proceedings, suits, losses
and damages of any nature, which are threatened or brought against, or are suffered or incurred by the Indemnified Parties including without limitation
(i) any gross negligence or willful misconduct or other tortious conduct by you;
(ii) any breach or inaccuracy of any of the representations, warranties, or terms of these Terms of Use or Privacy Policy; and
(iii) infringement or violation by you of any Intellectual Property
Rights of HDI or any third party.
14.INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
We respect the Intellectual Property Rights of others and You agree to protect HDI’s Intellectual Property Rights and the Intellectual Property Rights of all others having rights in the Platform during and after the term of this Terms of Use. We restrict
Users from uploading, posting or otherwise transmitting materials that violate the Intellectual Property Rights of third parties. You agree that you will not upload, post, or otherwise transmit materials on the Platform that will violate the Intellectual Property Rights of HDI or third parties.
When we receive notification of alleged copyright complaints that do not comply with the Copyright Right Act, 1957, we promptly remove or disable access to the illegal infringing material. We may also terminate the accounts of the infringers.
If you are a copyright owner or an agent thereof and you believe that any content on the Platform that infringes upon your copyright, you may submit a notice to us at support@gobrogame.com.
15.NO WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GAME, ALL OUTPUT, INFORMATION, ADVICE, CONTENT, MATERIALS OR YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HDI AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE PLATFORM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HDI AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE PLATFORM, DO NOT WARRANT THAT THE PLATFORM OR PLATFORM CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. HDI AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE PLATFORM, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE GAME, THE
OUPUT AND CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST HDI WITH RESPECT TO THE SAME.
16.LIMITATION OF LIABILITY
IN NO EVENT SHALL HDI OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR
(1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR
(2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE PLATFORM, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THE PERFORMANCE OR NON-PERFORMANCE OF THE GAME, OUTPUT OR THE CONTENT ACCESSIBLE THROUGH THE PLATFORM, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE.
USERS AGREE THAT THE LIABILITY OF HDI, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE PLATFORM IS LIMITED SOLELY TO DIRECT DAMAGES AND IN NO EVENT SHALL ANY SUCH DIRECT DAMAGES EXCEED, THE AGGREGATE OF RS.1000.
17.TERMINATION
We are constantly innovating, changing and improving our Platform. We may, without notice, add or remove functionalities or features, create new limits to our Platform, or temporarily or permanently suspend or stop a product on our Platform.
HDI may, in its sole discretion, immediately terminate, limit or suspend your usage or access to the Platform, and/or prohibit you from using or accessing the Platform without any notice, if you have violated any of the provisions in this Terms of Use. On termination, you lose the right to access or use the Platform.
18.REPRESENTATION AND WARRANTIES
You represent and warrant that:
18.1. You are an Indian at least 15 years of age and are eligible to participate in the Game in accordance with these Terms of Use.
18.2. You understand that mere completion of the Game does not entitle you to receive any Rewards. The Rewards shall be provided to you at the sole discretion of HDI.
18.3. HDI shall not be held responsible when you are not able to play the Game. This includes situations when you are unable to log into the Platform as you may be pending validation or you may be suspected of any violation of these Terms of Use.
18.4. You are aware that HDI provides the Game and the Output on the Platform for general information for the Purpose. HDI does not, through the Platform, provide any expert advice on adolescent sexual and reproductive health and well-being. Any information available on the Platform is for general reference purposes only and is not a substitute for professional medical advice, diagnosis, or treatment in any form or manner.
18.5. You represent and warrant that You are in compliance with all Applicable Laws when you access and use the Platform. You agree to use the Platform only in compliance with these Terms of Use and Applicable Laws, and in a manner that does not violate legal rights of HDI or those of any third party(ies).
19.FORCE MAJEURE
Without prejudice to any other provision herein, HDI shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond HDI’s control, including, without limitation, acts of the User or other Users, embargo or other governmental act, regulation or request affecting the conduct of HDI’s business, fire, explosion,
accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
20.CONTACT US
If you have any questions concerning these Terms of Use, please contact us at support@gobrogame.com.
21.CONSENT FOR RECEIPT OF E-MAILS
Your registration on the Platform shall be deemed to be your consent to be contacted by HDI, by way of email notifications or messages.
22.ADDITIONAL TERMS
22.1.Governing Law and Jurisdiction: These Terms of Use are governed by the laws of India. Any claim related to any dispute arising as a result of the Platform or under these Terms of Use will be made before a court of competent jurisdiction located in India.
22.2.No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and HDI as a result of these Terms of Use or your access to or use of the Platform.
22.3.Headings: Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
22.4.Severability: If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.
22.5.Waiver: The failure of HDI to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit HDI’s rights with respect to such breach or any subsequent breaches.
22.6.Entire Agreement: These Terms of Use and the Privacy Policy on the Platform constitute the entire agreement between you and Us and govern your use of the Platform, superseding any prior agreements between You and Us.
Terms & Conditions of Use
Last updated on July 30, 2024