TERMS AND CONDITIONS
This document regulates the terms and conditions of your (“User”) access/usage of the website – www.indianolympians.in (“Website”) which is owned and operated by Olympian Association of India (hereinafter referred to as the “OAI”) and is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008.
The use of this Website is regulated by terms and conditions provided herein. Your access, visit, dealing, transacting and/or otherwise using this Website shall be treated as your unconditional acceptance of these terms in entirety and the same shall be deemed that you have accepted these terms fully and you have gone through and understood these terms completely and these terms shall be treated as a legally binding and enforceable Agreement between OAI and you. If you do not agree with any of these terms or all of these terms, then you should stop dealing with and/or not initiate or undertake any transaction on this Website.
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
- “Website” shall have the meaning as ascribed to it in Recitals.
- “OAI” shall have the meaning ascribed to it in Recitals.
- “Users” shall have the meaning ascribed to it in Recitals.
- “Intellectual Property Rights” shall have the meaning ascribed to it in Clause IV (1).
- “Marks” shall have the meaning ascribed to it in Clause IV (4).
- “Web Links” shall have the meaning ascribed to it in Clause X.
- The User hereby represents and warrants that the User is at least Eighteen (18) years of age and the Users visit, access, dealing and/or transaction at the Website shall be treated as the Users representation that the User is competent to enter into legal contracts under applicable law including the Indian Contract Act, 1872.
- If the User is accessing the website in order to participate in the Programs as listed on the website, the User further warrants that the User has legal authority to enter into other and any binding agreements which may be required for the sam The User agrees to be financially responsible for all of the User’s availing of the Programs as per the Agenda of OAI and access of the Website (as well as for use of the User’s account by others). The User also warrants that all information supplied by the User in availing the membership and accessing the Website, including without limitation the User’s name, email address, street address, telephone number, mobile number, credit/debit card number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement and/or any of the provision is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
III. Amendment of Terms
OAI is entitled to amend these terms anytime without any prior intimation to anybody. The User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by OAI from time to time. Use of the website to access the Programs by the User following such notification constitutes the User’s acceptance of the terms and conditions of this Agreement as modified.
IV. Intellectual Property
- The User acknowledges and agrees that OAI retains all right, title, ownership and interest in and to the Website, all data and information, content, articles, material, text, literature, images, illustrations, photographs, videos, clippings, graphics, scripts, page headers, sounds, music, interactive features, the selection and arrangement of elements, the compilation, layout, design, software, domain name, business process, procedures, in any form whatsoever including but not limited to, print, writing, oral, electronic, digital/IT enabled, in machine readable and/or in any other form, and all patent rights, copyright rights, trademark rights, service mark rights, trade secret rights and other intellectual property rights therein recognized anywhere in the world (“Intellectual Property Rights”). All use of such rights, including the Intellectual Property Rights, in any manner, medium or mode shall perpetually and throughout the world legally vest in the OAI.
- All Intellectual Property Rights of OAI are a valuable asset of OAI and the User agrees to protect, preserve and maintain confidentiality of the sam The User acknowledges that any unauthorized dissemination of the Intellectual Property Rights of OAI would destroy or diminish its value and cause irreparable harm and loss to the OAI, and that monetary damages will be inadequate to compensate OAI for any breach thereof. The User, therefore, agrees that OAI shall, in addition to its rights in law and equity including to its right to claim damages, have the right to seek immediate injunctive relief and specific performance to enforce the obligations contained herein.
- The Website is protected by copyright as a collective work and/or compilation, pursuant to Indian OAI laws, international conventions, and other worldwide copyright laws. The User is not authorized to reproduce, republish, distribute, transmit, modify, edit, sell, transfer, license, translate, communicate, publish, use or exploit the Website and/or its content in any manner whatsoever, or create derivative works based on it, in whole or in part, without the OAI’s express written authorization, which OAI is under no obligation to gran
- Any logo, trademark, brand name, service mark, trade name, slogan, and other indicia (“Marks”) that appear on or in connection with the Website and/or its content, is the intellectual property of OAI expressly reserves all rights therein and the User agrees not to display, use or exploit the same in any manner whatsoever. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks.
- The User’s misuse of the Website and/or its content and/or its Marks, is strictly prohib The User is advised that OAI will aggressively enforce its Intellectual Property Rights and/or the contents of the Website to the fullest extent permissible by law, including by seeking appropriate remedies including criminal sanctions solely at the User’s risk as to costs and consequences. OAI has all the rights to disable or prohibit access to the Users who do not abide by these terms and involve in the infringement of our intellectual property.
- All the information and content disclosed on the Website is proprietary in nature and solely belongs to OAI and its respective licensors and shall not be used and/or copied and/or tampered with in any manner (as the case may be).
- The Users hereby further acknowledge that any views and/or opinions offered by any expert and/or advisory panel on the Website is such expert / advisory panels own view and/or opinion and does not express the OAI’s view and / or opinion and OAI shall bear no liability (financial or otherwise) with respect to the same.
- The Users hereby acknowledge that OAI reserves the right to list its registered Users on the Website and on other online portals operated by OAI or its affiliates. In case a User does not want to be listed on the Site or any of the other such online portals, they can communicate the same to OAI in writing by sending an email to email@example.com
V. Representation and Warranties
- The User represents and warrants that the User is the owner and/or authorized to share the information the User gives on the Webs The User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.
- The User undertakes to indemnify and keep indemnified OAI and/or its employees for all claims resulting from detail/information the User posts and/or supplies to the OAI shall be entitled to remove any such detail/information posted by the User without any prior intimation to the User.
- The User understands that OAI does not have any control on accuracy of information/detail submitted by anybody on the Website and therefore agrees that OAI shall not be responsible for any loss, damage, cost, expenses, etc. due to inaccuracy of any detail/information submitted by the User or anybody else on the Website.
- The User shall be solely responsible for his/her/its information and confirms that information submitted by the User:
- is correct, complete, relevant and accurate;
- is not fraudulent;
- does not and shall not infringe any third-party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy;
- shall not be defamatory, libelous, unlawfully threatening and/or unlawfully harassing;
- shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority;
- shall not be seditious, offensive, abusive, liable to incite racial and/or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience;
- does not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law;
- shall not be or include material that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- shall not create liability and/or claims for the OAI;
- shall not be in the nature of political campaigning, commercial solicitation, chain letters, mass mailings and/or any form of ‘spam’;
- shall not be illegal in any other way.
- OAI reserves the right to remove and/or edit any detail/information that OAI in its sole discretion deems appro The User confirms that he/she/it shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
- The User undertakes and confirms that the User shall not use the Website and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of this Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory autho
- The User shall not use the Website and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with another user’s use and enjoyment of the Website and/or services ther
- The User shall not attempt to gain unauthorized access to any Service on the Website, other users’ account(s), computer systems and/or networks connected to the Website through hacking, password mining and/or any other mean The User shall not attempt to obtain any materials or information through any means not intentionally made available to the User through the Website.
- Certain elements of the Website may contain material submitted by other Users and/or third pa OAI disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material including advertising material forming part of the Website. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and third parties and OAI will not be responsible for any claim, error, omission and/or inaccuracy arising out of or in relation to such material. OAI reserves the right to omit, suspend and/or change the position of any material submitted for insertion on the Website. Acceptance of advertisements on the Website shall be subject to the OAI’s terms and conditions applicable to advertisements.
- OAI shall not be responsible and/or liable for any claims, losses and/or damages accruing to or affecting the User, as a result of: (i) the User’s access or reliance on any advertisement appearing on the Website; and/or (ii) the User availing of the products/services of such an advertiser; and/or (iii) any claims in respect of the quantity and quality of products/services advertised; and/or (iv) any defects/deficiencies in the advertised products/services; and/or (v) any claims in relation to the payment and delivery of any products/services advertised; and/or (vi) any claims/actions (including consumer claims) arising thereto; and/or (vii) any violation by the advertiser of the rights of third parties, including without limitation, infringement of copyright, trademark, service mark, patent, trade secret, privacy or other intellectual property or proprietary right or misappropriation of any p Advertisement/advice (if any) received via the Website should not be relied upon for personal, legal and/or financial decisions and the User should consult an appropriate professional for specific advice tailored to your situation.
- The User shall be solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone The User shall be responsible for ensuring that such equipment or ancillary services are compatible with the services.
VI. Representation and Warranties
- Payment Terms: The User shall be entitled to use his/her/its valid credit/debit cards, online/net banking facility, tele banking facility to make payment for the Subscription Fee being effected at the Website. The User shall be bound to use his/her/its own credit/debit cards, online banking accounts to make any payment. The User undertakes and confirms that he/she/it would furnish correct, complete and accurate detail of credit/debit cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may suffer to the User due to furnishing of wrong detail/information relating to his/her credit/debit cards or online banking accounts.
- OAI confirms that the details provided by the User in this regard shall be kept confidential and shall not be disclosed to any third-party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement and/or relating to provision of services by the
- The User here represents and acknowledges that all payments made by the User to OAI shall be strictly on a non-refundable basis.
- OAI shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that OAI shall not be responsible in any manner whatsoever for any third-party action which results in the information provided by the User being exposed, misused and/or fraudulently misused in any manner whatsoever by such third- party.
VII. Force Majeure
OAI shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of OAI, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, terrorist attack, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or irregularities in networks, bugs, viruses, breakdown of software, hacking of the Website and/or contents provided for availing the services under the Website.
VIII. Warranty Disclaimer
- The User acknowledges that OAI has no control over and no duty to take any action regarding which the User gains access to the Website and/or its content and/or Programs listed; what effect the Website and/or its content and/or Programs listed may have on the User and/or any third-party; how the User may interpret or use the Website and/or its content and/or services; what actions the User may take as a result of having been exposed to the Website and/or its content and/or Programs listed. The User releases OAI from all liability for the User having accessed the Website and/or its content and/or Programs listed.
- OAI provides access to the Website on an ‘as is’ and ‘as available’ basis. Neither does OAI nor do third parties related to the OAI, provide any warranty or guarantee, express or implied, as to the accuracy, fitness, merchantability, availability, quality, performance, completeness or suitability of the Website and/or its content and/or Programs listed, for any specific purpos The User acknowledges that the Website and/or its content and/or Programs Listed may contain inaccuracies or errors and OAI expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Although OAI has taken adequate safeguards, OAI makes no guarantee of confidentiality and/or privacy of any User communication or information transmitted on the Website and/or for the Programs listed and/or on any web-site linked to the Webs The User uses this Website and/or Programs listed and/or on any web-site linked to the Website at his/her/its own risk.
- The Website and/or its content and/or Programs listed may contain views, opinions and recommendations of Users of the Website and/or Programs listed , advertisers, third-party information providers and organization The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any such information displayed, uploaded, distributed, posted, emailed, transmitted or otherwise contributed through the Website by anybody other than the OAI. OAI assumes no responsibility to keep the content current, complete, up-to-date, valid, or accurate. OAI shall not be responsible in any manner whatsoever for any errors and omissions in the materials and/or content even if such errors or omissions are due to negligence. The User acknowledges that any reliance upon any such view, opinion, advice, recommendation or information shall be at the User’s sole risk.
- OAI does not warrant the accuracy, reliability, credibility or completeness of the Website and/or its content and/or its ser OAI makes no warranty that its Website and/or its content are appropriate or available for use in other locations. Those who access the Website and/or its content from territories other than India shall do so at their own risk and hereby unconditionally represent and undertake that they are responsible for full compliance with their local laws and the applicable laws of the Republic of India.
- The User shall be solely responsible to maintain the confidentiality and security of his/her/its account, User Id, Password, login credentials and OAI shall not be responsible for any losses arising out of the unauthorized use of the User’s account as a result of the User not following the terms and conditions stated herein.
- OAI shall be under no liability whatsoever in respect of any loss, damage, claim or fraud suffered directly or indirectly by the User as a result of the User viewing, accessing, visiting and/or otherwise using the Websit
- The User expressly understands and agrees that the OAI and its employees shall not be liable to the User for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
- the User’s use or inability to use the Website;
- any changes made to the Website;
- temporary or permanent cessation of the Website, the Programs listed, the OAI’s business or any part thereof;
- any unauthorized access to or alteration of the User transmissions or data, if any;
- statements or conduct of any third-party on the Website;
- any fraud, security breach, misconduct or negligence by any third parties and/or advertisers and/or service providers.
- OAI does not warrant that access and use of its Website and/or its content and/or Program listing will be uninterrupted, timely, secure and error-free since the same could be affected by overload/breakdown of receiving network, servers or applications; system failures; and frauds out of the OAI’s control. OAI shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the User’s device, programs, data or other proprietary material due to use of the Websi
- OAI does not endorse in anyway any advertisers/contents of advertisers on its Webs The User shall verify the veracity of all information on his/her own before undertaking reliance and acting thereupon. The User expressly agrees and understands that the Programs listed, materials, consultations, content and information offered on the Website is not a substitute for professional advice and OAI disclaims all liability for any claims arising thereto. The images/pictures published on the Website may be indicative and the actual Program may differ from the images/pictures published on the Website relating to any particular Program.
- OAI is not responsible for the availability or content of any third-party material you access through the Websi OAI does not endorse and is not responsible or liable for any content, advertising, products, Program listing or information of or relating to a third-party (including payment for and delivery of such products or services). OAI shall not be responsible for any damage, loss or offence caused by or, in connection with, any content, material, advertising, products, services or information of any third-party that may be available on the Website. Any terms, conditions, warranties or representations associated with such dealings, are solely between the User and the relevant provider of the product or service and the User agrees to indemnify OAI for any claims arising thereto.
- OAI shall not be responsible in any manner whatsoever for any third-party action which results in the information provided by the User being exposed, misused and/or by such third-party who accessed such information without any authorization from the OAI.
- OAI may use a third-party as a payment By subscribing to the OAI’s membership, the User expressly authorizes a third-party payment gateway to charge the User’s credit card/debit card. OAI disclaims any and all liability accruing to the User as a result of any fraud, misuse and/or duplicate transactions arising thereto.
- OAI either warrants nor represents that use of the services by the User will not infringe the rights of third parties not owned by or affiliated with the OAI.
- There may be delay in provision of Program listing and other Agendas of OAI due to factors beyond the reasonable control of OAI and therefore OAI shall not be held responsible and liable for any delay and/or failure in performance of such actions by OAI due to such fa The Website may be subject to changes and/or improvements periodically. During the process of up-gradation, repair, maintenance and/or improvements, contents/systems/programs/software may be suspended for any use. OAI shall not be liable for any inconvenience, loss, damage, cost, expenses which may be incurred by the User due to unavailability of the Website for any use. OAI does not warrant that the software will work on all networks and/or will be available in all geographical areas.
IX. Personal, Non-Commercial and Non-Assignable Use
By registering on the Website the User confirms that use of the Website shall be for his/her personal purpose and not for any commercial purpose. The User confirms that the User’s right to access, use, deal with or transact at the Website cannot be assigned to any other person and custody of the User Id and Password to access, deal with or transact at the Website shall be the sole responsibility of the User and the User shall be responsible and liable for any misuse of the User Id and Password assigned to the User by the OAI.
X. Links to other Websites
The Website may contain hyperlinks to websites operated by persons other than OAI (hereinafter referred to as the “Web Links”). Such Web Links are provided for the User’s reference and convenience only and they do not constitute as any recommendation and/or advice and should not be relied upon in making and/or refraining from making any decision. OAI reserves its right to remove any such Web Links anytime without any prior notice. OAI is not under an obligation to review the contents of Web Links and therefore does not control the contents of those Web Links. The User leaves the Website by clicking on Web Links and goes to respective internet websites and use of those Web Links shall be regulated by terms provided on respective websites. OAI is neither acting as publisher of contents of those Web Links nor endorser of any representation published on those Web Links. The User confirms that any access of Web Links by the User shall be entirely at the User’s own risk.
XI. Description and Pricing
OAI shall endeavor to the extent possible to be as accurate while providing Service descriptions and pricings. However, OAI does not warrant that descriptions and/or other content and/or prices related to the Services and/or other information and content contained in this Website is accurate, complete, reliable, current and error-free.
XII. Promotional Material
OAI shall be entitled to send and the User gives his/her consent to receive, information/ offers/ promotional mails and messages pertaining to the Services offered by OAI/the associate organisations from time to time.
Without prejudice to the rights of OAI under law, in equity and/or under this Agreement, the User agrees to indemnify and hold the OAI and its employees harmless, to the fullest extent, from and against any and all claims, damages, obligations, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorneys’ fees and costs) arising from or relating to: (i) the User’s access, use or misuse of the Website; and/or (ii) the User’s breach or alleged breach of this Agreement and/or breach of the User’s representations, warranties, guarantees, covenants and undertakings; and/or (iii) any violation by the User of any applicable laws; and/or (iv) any violation by the User of the OAI’s rights and/or the rights of third parties, including without limitation, infringement of copyright, trademark, service mark, patent, trade secret, privacy or other intellectual property or proprietary right or misappropriation of any property.
- OAI may, at any time, terminate or suspend any and all services and/or access to the Website immediately, without prior notice and/or liability. The services and/or access to the Website may also be terminated or suspended if:
- The User breaches any of the terms or conditions of this Agreement and/or other incorporated agreements and/or guidelines.
- Requests by law enforcement and/or other government agencies.
- Discontinuance and/or material modification to the Website and/or Service (or any part thereof).
- Unexpected technical and/or security issues and/or problem
- Engagement by the User in fraudulent and/or illegal activiti
- Non – payment of Subscription Fees owed by the User in connection with the use of Website and/or Ser
- Termination of the User account includes:
- Removal of access to all offerings within the Service.
- Deletion of the User Id and Password and all related information, files and content associated with or inside the User account (or any part thereof).
- Barring of further use of the Website and/or Service.
- The User hereby agrees that all terminations for cause shall be made in OAI’s sole discretion and that OAI shall not be liable to the User or any third-party for any termination of the User account, any associated email address, or access to the Program listings or any other such information as per the agenda of the OAI. Any Membership Fees paid hereunder are non-refunda All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.
XV. Governing Law
This Agreement shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Except for injunctive reliefs, specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the Courts of Mumbai.
XVI. General Provisions
- No Partnership
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and OAI and you shall have no authority to bind OAI in any manner whatsoever.
- Electronic communication
The User consents and gives his/her consent to receive communications from OAI electronically/through electronic records. OAI will communicate with the User by e-mail and/or by posting notices on this Website. The User agrees that all agreements, notices, disclosures and other communications that OAI provides to the User electronically satisfy all legal requirement of adequate service of notice/electronic record. This document is an electronic record in terms of Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical and/or digital signatures.
OAI can assign its rights and/or obligations provided herein or arising out of this Agreement to any person. The User cannot assign its rights and remedies and/or transfer its obligations under this Agreement without prior written consent of the OAI.
Should any provision of this Agreement be determined to be unenforceable and/or invalid, or any transaction contemplated hereby determined to be unlawful by any court of law, or competent government body for any reason, all other provisions shall continue (except if this Agreement stands terminated) in full force and effect..
In case of any queries and/or grievances and/or assistance required, if any, the User can email us the queries on firstname.lastname@example.org or contact us on +91 9820957905