TERMS OF USE
Effective date: August 22, 2022
Please read these Terms of Use ("Terms") carefully before accessing or using Fitizen India LLP's website, Fitizen (URL: www.fitizen.co.in) ("Platform"). These Terms govern your access to and use of the Platform as a user ("User" or "You"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use the Platform.
1. NATURE OF THE PLATFORM
The Platform provided by Fitizen India LLP ("Company," "We," or "Us") is designed to connect event organizers/vendors/pacers/runners ("Service Providers") with end users who wish to avail the services offered by the Service Providers. The Platform enables Users to browse, search, book, and pay for services provided by the Service Providers. The Platform is intended for personal and non-commercial use only.
2. USER OBLIGATIONS
2.1 Registration and Account
In order to use certain features of the Platform, you may be required to create an account and provide accurate and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this obligation.
2.2 Compliance with Applicable Laws
By using the Platform, you agree to comply with all applicable laws, rules, and regulations. You further represent and warrant that you have the legal capacity to enter into these Terms and that you will not use the Platform for any unlawful purpose.
2.3 Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws, rules, or regulations
- Infringing upon the intellectual property rights of others
- Posting or transmitting any content that is defamatory, obscene, pornographic, or offensive
- Interfering with or disrupting the operation of the Platform or the networks used to provide the Platform
- Engaging in any fraudulent or deceptive activities
- Collecting or harvesting any information from the Platform without our prior written consent
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity
- Using the Platform in a manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform.
3. INTELLECTUAL PROPERTY
All intellectual property rights in the Platform and its content, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, are owned by the Company or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for personal and non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of the Platform or its content without the prior written consent of the Company.
4. DISCLAIMER OF WARRANTIES
The Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. The Company does not warrant that the Platform will be error-free or uninterrupted, or that any defects will be corrected. The Company disclaims all warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
5. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Fitizen India LLP, its officers, directors, employees, affiliates, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the Platform or these Terms, regardless of the cause of action, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages.
6. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fitizen India LLP, its officers, directors, employees, affiliates, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to your use or misuse of the Platform, your violation of these Terms, or your violation of any rights of a third party.
7. MODIFICATIONS TO THE PLATFORM AND TERMS
Fitizen India LLP reserves the right to modify, suspend, or discontinue the Platform or any part thereof at any time without prior notice. We may also modify these Terms from time to time by posting the updated Terms on the Platform. Your continued use of the Platform following such modifications constitutes your acceptance of the revised Terms.
8. LINKS TO THIRD-PARTY WEBSITES
The Platform may contain links to third-party websites or resources that are not owned or controlled by Fitizen India LLP. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Fitizen India LLP shall not be liable for any loss or damage arising from your use of any third-party websites.
9. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.
10. SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
11. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Fitizen India LLP regarding your use of the Platform and supersede all prior and contemporaneous agreements, understandings, or representations, whether oral or written.
12. CONTACT INFORMATION
If you have any questions or concerns about these Terms or the Platform, please contact us at fitizenindia@gmail.com.
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