Terms and Conditions
The Company reserves the right to change or modify these Terms at any time and in its sole discretion. If the Company makes changes to these Terms, the Company may notify the Users by providing the Users with notice of such changes and continued use of the Platform by the Users shall deem to be their acceptance of the revised Terms.
1. About the Company and our Services
- The Company owns and or operates facilities including a state-of-the-art Sports Club and Academy in Gurgaon which has facilities relating to, among other things, Badminton, Box Cricket, Mixed Martial Arts, Futsol, and Gymnasium with Badminton World Federation standard wooden flooring (collectively referred to as ‘Facility’). The Company provides competitive badminton, other sports coaching and training programs (‘Services’) in multiple facilities across the country.
- This Platform is an application which provides tools to map and track progress of users of the Facility (‘Facility User’) during their sessions in the facility. Such tracking and mapping allows the Company to build custom-fit workout and study past sessions.
2. Accessing the Platform
- The User may be required to establish an account with the Company on the Platform to access and use the Platform. The User hereby acknowledges that their account is personal to them, or to the Facility User if the User is a parent or guardian of the Facility User. They User shall treat their account as confidential.
- The User agrees to provide accurate, current and complete information about themselves and the Facility User (if the User is a parent or guardian of the Facility User) as prompted by the Platform and the registration form, if any. By establishing an account with the Company, the User represent that they are at least 18 (eighteen) years of age, or the legal age of majority where the User resides if that jurisdiction has an older age of majority, and that they have the legal authority to enter into this agreement. If the Facility User is under the age of giving legal consent, the User must agree to this agreement on the User’s behalf.
- Company is dedicated to ensuring the accessibility, integrity and security of personal, and financial information (collectively referred to as ‘User Data’). The User shall be responsible for ensuring that all persons to whom access has been granted to the Platform, including the User’s account, are aware of these Terms, and have had the opportunity to review, accept and comply with the Terms.
- When the User select the User’s password, and or any other piece of information as part of Company’s security procedures, the User are expected to treat such information as confidential. The User agree to accept responsibility for all activities that occur under the User’s e-mail and password. The User agree to notify us immediately of any unauthorized access to, use or disclosure of the User’s e-mail, password, or any other security violation or breach.
- Company reserves the right to withdraw, amend or update the Platform or any content therein, in our sole discretion without notice to the users. The Company shall not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.
3. Usage of the Platform and proprietary materials
- Except as otherwise provided herein, the User may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Platform in whole or in part, for any public or commercial purpose without our specific written permission. We grant the User a personal, non-exclusive, non-transferable license to access the Platform and to use the information and content contained here.
4. Usage of the Physical Facility(ies)
In consideration of, and as a condition of the Company permitting the User (or the Facility User, as the case may be) to use the Facility and the equipment contained within the Facility, the User hereby acknowledge that:
- There may be risks associated with the use of the Facility and the equipment contained within including personal injury arising from use and misuse of the Facility/ equipment.
- At all times whilst the User (or the Facility User, as the case may be) is using the Facility, the User shall assume sole responsibility for all the risks associated with its property and person. The User shall not hold The Company, its management and their staff members liable for any personal loss, damage.
- The Company shall not be held responsible for loss/theft of any valuables left with the attendant or in the lockers. The Company shall not be held responsible for any losses.
- The User (or the Facility User, as the case may be) shall not allow any other person (an ‘Uninvited Guest’) to access the Facility on behalf of its absence nor will it allow any Uninvited Guest to accompany them to the Facility if they do not have the express permission by The Company to do so. If the User (or the Facility User, as the case may be) do bring an Uninvited Guest to the Facility, it agrees to indemnify the Company for any liability or damages that may arise in relation to the Uninvited Guest.
The User also undertake not to sue the Company or their employees or agents for any loss or damages relating to personal injury or loss or damage to property arising from the use of the Facility or the equipment. These Terms shall be effective and binding upon the User’s heirs, next of kin, executors, administrators and assigns, in the event of its death or incapacity. The User hereby agrees to waive certain legal rights which the User or its heirs, next of kin, executors, administrators and assigns may have against the releases.
Rules and Regulations. The User (for itself or on behalf of the Facility User, as the case may be) agree and Understand to the following
- Any fee paid to the Company are Non-Refundable and Non-Transferable. No refund of fees paid shall be provided under any circumstances.
- Entry may be restricted to Facility Users in possession of valid Identity Card.
- AII instructions imparted by the coach shall be strictly followed by the Facility User. Facility User shall use the Facility at their own risk and peril. No compensation or claim shall be entertained in case of any mishappening.
- Any-one suffering from any illness or displaying symptoms of any illness or disease shall not be permitted to use the Facility,
- The Company relies upon the medical representations and self-declaration provided by the User or Facility User. No examination or investigation is undertaken by The Company.
- The Company shall be permitted to regulate the entry, timing and closure of the Facility on any day due to any reason whatsoever.
- In consideration of, and as a condition of the Company permitting the User (or the Facility User, as the case may be) to use the Facility and the equipment contained within the Facility, the User hereby acknowledge that:
5. Trademarks and Copyright
- The trademarks, logos and service marks (‘Marks’) displayed on the Platform are the property of Company and other associated parties and service providers. Users are prohibited from using any Marks for any purpose without the written permission of Company or such third party which may own the Marks.
- All information and content available on or through the Platform (‘Content’) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Platform for commercial or public purposes.
The Company respects the intellectual property rights of others and expects the Users to do the same. If the User believe that any content appearing on the Platform has been copied in a way that constitutes copyright infringement, please forward the following information to the Company. To file a copyright infringement notice, the User will need to send a written communication that includes the following to the address listed below:
- The User’s name, address, telephone number, and email address,
- A description of the copyrighted work that the User claim has been infringed,
- The exact URL or a description of where the alleged infringing material is located,
- A statement by the User that the User have a good faith belief that the disputed use is not authorized by the copyright Company, its agent, or the law,
- An electronic or physical signature of the person authorized to act on behalf of the Company of the copyright interest; and
- A statement by the User, under penalty of perjury, that the above information in the User’s notice is accurate and that the User are the copyright Company or authorized to act on the copyright Company's behalf.
6. Submitted Content
- Company does not claim ownership of any materials the User make available through the Platform. At Company's sole discretion, such materials may be included within the Platform or its social media accounts in whole or in part or in a modified form. With respect to such materials the User submit or make available for inclusion on the Platform, the User grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that the User submit in connection with such submitted content).
- The User hereby represent, warrant and covenant that any materials the User provide do not include anything (including, but not limited to, text, images, music or video) to which the User do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by the User. We have no obligation to post the User’s comments; we reserve the right in our absolute discretion to determine which comments are published on the Platform. If the User does not agree to these terms and conditions, please do not provide us with any submitted content.
- The User are prohibited from posting or transmitting to or from this Platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. The User shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from the User’s posting of content to this Platform.
7. Video and Image Rights
- The Company shall have the exclusive worldwide right to manufacture and distribute images and audiovisual programs (collectively referred to as ‘Images and Videos’) of the Facility User for, among other things, educational, commercial and/or promotional purposes or otherwise exploit Images and Videos or authorize others to do so on any public forum, including but not limited to the Company’s social media accounts.
- The Company may, in its sole discretion, display on the Image and Videos, and other collateral materials relating to the Videos, such trademarks, trade names, service marks, designations that the Company may adopt to identify it or its affiliates, or other proprietary markings in the size and manner that the Company may determine from time to time.
- Intellectual Property Ownership. The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Images and Videos and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User. The name, and logo of the Company are trademarks of the Company, and no right or license shall be granted to the User or the Facility User, as the case may be.
8. Restricted Use
- The User agree not to use the Platform in any unlawful, infringing, tortuous or harmful manner; in any way that violates another party's intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
Without limiting any of the foregoing, the User agree that the User shall not (and the User agree not to allow any third party to):
- use the Platform for any purpose that is unlawful, illegal or forbidden by law or to promote or advocate any illegal activity including but not limited to copyright infringement or computer misuse.
- to remove any copyright and other proprietary notices contained in any content on the Platform.
- to conduct any activity that is harmful or detrimental to the Platform as solely determined by Company.
- to post any information or content that is obscene, sexually explicit, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
- to falsely represent themself as another person or as a representative of a business or entity that the User do not actually represent or give the impression that posts come from a healthcare professional, if that is not the case;
- to change the content in any capacity or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.
- to transfer the content to any other person unless the User give such person notice of, and such person agrees to accept, the obligations arising under these Terms.
- to use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Platform.
- to breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
9. Suspension of access to Platform
Company will determine, at its discretion, whether there has been a breach of the Terms & Conditions through the User’s use of the Platform. In our view, when a breach of these terms has taken place, then we may take such action as we deem appropriate, which may include any or all of the following actions:
- Temporary suspension or permanent withdrawal of the User’s right to use the Platform.
- Temporary or permanent removal of any posting or material uploaded by the User to our Platform.
- Issuing a warning to the User.
- Legal proceedings against the User for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against the User.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are examples, and we may take such other actions as we may reasonably deem appropriate.
- Company will determine, at its discretion, whether there has been a breach of the Terms & Conditions through the User’s use of the Platform. In our view, when a breach of these terms has taken place, then we may take such action as we deem appropriate, which may include any or all of the following actions:
10. Links to Third Parties
- As a matter of convenience to the User, Company may provide links to various third-party website on the Platform. If the User use any of these external website, the User may be directed/redirected to such external website and may leave the Platform.
- If the User decides to visit any such external link, the User agrees to do so at the User’s own risk, responsibility and liability. Company makes no warranty or representation regarding, and does not endorse, any website linked to the Platform or the information appearing thereon or any of the products or services described thereon. Company does not endorse or represent any service provider as may be listed on the Platform. Please carefully review the terms of service and privacy policies of all such sites prior to usage.
11. Warranty and Disclaimer
- The Platform and Proprietary Material are provided on an "AS IS" and "AS AVAILABLE" basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness of the Platform, or Proprietary Material for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
- Company makes no warranty, and expressly disclaims any obligation, that: (a) the Platform content will be up-to-date, complete, comprehensive, accurate or applicable to the User’s circumstances; (b) the Platform, and or Proprietary Material will meet the User’s requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Platform or Proprietary Material offered through the Platform will be accurate or reliable; or (d) the Company owns the Proprietary Material and for avoidance of doubt, the Company shall not be responsible or liable for any third-party claims, challenge or suit over ownership of Proprietary Material.
- The Platform content may contain inaccuracies and typographical errors. Company does not warrant the accuracy or completeness of any such content or the reliability of any advice, opinion, advertisement, statement, memorandum or other information displayed or distributed through the Platform. The User acknowledges that any reliance on any such opinion, advice, statement, memorandum or information shall be at the User’s sole risk. Unless properly disclaimed by the Company, Company does not endorse or represent any partner or service provider listed on this Platform.
- The Platform and the content thereon are for informational and educational purposes only. While we hope the content is useful for nutritional purposes, it is not intended as a substitute for, nor does it replace, professional advice. The use of content by the User is solely at its own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of a professional nutritionist.
12. Limitation of Liability
- Company (including its officers, directors, employees, representatives, affiliates, partners and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay in provision of the Platform (including without limitation the use of or inability to use any component of the Platform), or (ii) any use of the Platform, or Proprietary Material, or (iii) the performance or non -performance by the Company or any partner or service provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any viruses that may infect the user’s computer equipment or other property as the result of the user’s access to the Platform or the user’s downloading of any content from the Platform.
- The User hereby agrees to defend, indemnify and hold harmless Company (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) the User’s use of, or conduct in connection with, the Platform; (b) any feedback the User provide; (c) the User’s violation of these Terms; or (d) the User’s violation of any rights of any other person or entity. If the User are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
- Entire Agreement. These Terms, together with those agreements and policies made a part of these Terms by reference, make up the entire agreement between Company and the User relating to the User’s use of the Platform, and replace any prior understandings or agreements (whether oral or written) regarding the User’s use of the Platform.
- Waiver. The failure of any party to enforce at any time any of the provisions of this agreement shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
- Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, pandemic, epidemics, lockdown or other violence, any law, or regulation of any government, or any act or condition whatsoever beyond the control of the Party that has been prevented of the performance of its obligations under this Agreement. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.
- Governing Law and Disputes. The laws of India without regard to its conflict of laws will govern these Terms, as well as the User’s and our observance of them. If the User takes any legal action relating to the User’s use of the Platform or these Terms, the User agree to file such action only in the Gurugram, Haryana, India.
- Severability. If any clause, sentence, paragraph or part of this agreement, or the Platform thereof to any person, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall be limited and confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and remainder of this agreement will continue in full force or effect.
- Headings. Headings and titles in this agreement are for reference purposes only and do not constitute part of this agreement and are of no legal force and effect.