The following terms and conditions govern all use of the pindathon.in (pindathon.in) website
and all content, services and products available at or through the website (taken together,
the Website). The Website is owned and operated by Pindathon. The Website is offered subject
to your acceptance without modification of all of the terms and conditions contained herein
and all other operating rules, policies and procedures that may be published from time to
time on this Site by Pindathon (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the web site. By accessing or
using any part of the web site, you agree to become bound by the terms and conditions of
this agreement. If you do not agree to all the terms and conditions of this agreement, then
you may not access the website or use any services. If these terms and conditions are
considered an offer by Pindathon, acceptance is expressly limited to these terms.
Your Account.
You are responsible for maintaining the security of your account, and you are fully
responsible for all activities that occur under the account and any other actions taken in
connection with it. You must not use your account in a misleading or unlawful manner,
including in a manner intended to trade on the name or reputation of others, and Pindathon
may change or remove any description or keyword that it considers inappropriate or unlawful,
or otherwise likely to cause Pindathon liability. You must immediately notify Pindathon of
any unauthorized uses of your account or any other breaches of security. Pindathon will not
be liable for any acts or omissions by You, including any damages of any kind incurred as a
result of such acts or omissions.
Responsibility of Contributors.
If you post material to the Website, post links on the Website, or otherwise make (or allow
any third party to make) material available by means of the Website (any such material,
“Content”), You are entirely responsible for the content of, and any harm resulting from,
that Content. That is the case regardless of whether the Content in question constitutes
text, graphics, an audio file, or computer software. By making Content available, you
represent and warrant that:
• the downloading, copying and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade secret rights, of any
third party;
• if your employer has rights to intellectual property you create, you have either (i)
received permission from your employer to post or make available the Content, including but
not limited to any software, or (ii) secured from your employer a waiver as to all rights in
or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have
done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or
other harmful or destructive content;
• the Content is not spam, and does not contain unethical or unwanted commercial content
designed to drive traffic to third party sites or boost the search engine rankings of third
party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing);
• the Content is not obscene, libelous or defamatory (more info on what that means), hateful
or racially or ethnically objectionable, and does not violate the privacy or publicity
rights of any third party; and
• you have, in the case of Content that includes computer code, accurately categorized
and/or described the type, nature, uses and effects of the materials, whether requested to
do so by Pindathon or otherwise.
By submitting Content to Pindathon, you grant Pindathon a world-wide, royalty-free, and
non-exclusive license to use, distribute, reproduce, modify, adapt and publish the Content
for the purposes of providing and promoting the Website and features and services available
on the Website. If you delete Content, Pindathon will use reasonable efforts to remove it
from the Website, but you acknowledge that caching or references to the Content may not be
made immediately unavailable.
Without limiting any of those representations or warranties, Pindathon has the right (though
not the obligation) to, in Pindathon’s sole discretion (i) refuse or remove any content
that, in Pindathon’s reasonable opinion, violates any Pindathon policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any
individual or entity for any reason, in Pindathon’s sole discretion. Pindathon will have no
obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors.
Pindathon has not reviewed, and cannot review, all of the material, including computer
software, posted to the Website, and cannot therefore be responsible for that material’s
content, use or effects. By operating the Website, Pindathon does not represent or imply
that it endorses the material there posted, or that it believes such material to be
accurate, useful or non-harmful. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. The Website may contain content that is offensive, indecent,
or otherwise objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Website may also contain material that
violates the privacy or publicity rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading, copying or use of which is subject
to additional terms and conditions, stated or unstated. Pindathon disclaims any
responsibility for any harm resulting from the use by visitors of the Website, or from any
downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software,
made available through the websites and webpages to which pindathon.in links, and that link
to pindathon.in. Pindathon does not have any control over those non-pindathon.in websites
and webpages, and is not responsible for their contents or their use. By linking to a
non-pindathon.in website or webpage, Pindathon does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. Pindathon disclaims any responsibility for any harm resulting from your
use of non-Pindathon websites and webpages.
Copyright Infringement and DMCA Policy.
As Pindathon asks others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located on or linked to
by pindathon.in violates your copyright, you are encouraged to notify Pindathon in
accordance with Pindathon’s Digital Millennium Copyright Act (”DMCA”) Policy. Pindathon will
respond to all such notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material. In the case of a visitor who may
infringe or repeatedly infringes the copyrights or other intellectual property rights of
Pindathon or others, Pindathon may, in its discretion, terminate or deny access to and use
of the Website. In the case of such termination, Pindathon will have no obligation to
provide a refund of any amounts previously paid to Pindathon.
Intellectual Property.
This Agreement does not transfer from Pindathon to you any Pindathon or third-party
intellectual property, and all right, title and interest in and to such property will remain
(as between the parties) solely with Pindathon. Pindathon, pindathon.in, L&F Club and all
other trademarks, service marks, graphics and logos used in connection with pindathon.in, or
the Website are trademarks or registered trademarks of Pindathon or Pindathon’s licensors.
Other trademarks, service marks, graphics and logos used in connection with the Website may
be the trademarks of other third parties. Your use of the Website grants you no right or
license to reproduce or otherwise use any Pindathon or third-party trademarks.
Changes.
Pindathon reserves the right, at its sole discretion, to modify or replace any part of this
Agreement. It is your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any changes to this
Agreement constitutes acceptance of those changes. Pindathon may also, in the future, offer
new services and/or features through the Website (including, the release of new tools and
resources). Such new features and/or services shall be subject to the terms and conditions
of this Agreement.
Termination.
Pindathon may terminate your access to all or any part of the Website at any time, with or
without cause, with or without notice, effective immediately. If you wish to terminate this
Agreement or your account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a Services account, such account can only be
terminated by Pindathon if you materially breach this Agreement and fail to cure such breach
within thirty (30) days from Pindathon’s notice to you thereof; provided that, Pindathon can
terminate the Website immediately as part of a general shut down of our service. All
provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. Pindathon and its suppliers and licensors hereby disclaim
all warranties of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Pindathon nor its suppliers and licensors, makes any warranty that the Website will
be error free or that access thereto will be continuous or uninterrupted. You understand
that you download from, or otherwise obtain content or services through, the Website at your
own discretion and risk.
Limitation of Liability.
In no event will Pindathon, or its suppliers or licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence, strict liability or other
legal or equitable theory for: (i) any special, incidental or consequential damages; (ii)
the cost of procurement or substitute products or services; (iii) for interruption of use or
loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to
Pindathon under this agreement during the twelve (12) month period prior to the date the
cause of the action accrues. Pindathon shall have no liability for any failure or delay due
to matters beyond their reasonable control. The foregoing shall not apply to the extent
prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with
the Pindathon Privacy Policy, with this Agreement and with all applicable laws and
regulations (including without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct and acceptable content,
and including all applicable laws regarding the transmission of technical data exported from
the United States or the country in which you reside) and (ii) your use of the Website will
not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless Pindathon, its contractors, and its licensors, and
their respective directors, officers, employees and agents from and against any and all
claims and expenses, including attorneys’ fees, arising out of your use of the Website,
including but not limited to out of your violation this Agreement.
Miscellaneous.
This Agreement constitutes the entire agreement between Pindathon and you concerning the
subject matter hereof, and they may only be modified by a written amendment signed by an
authorized executive of Pindathon, or by the posting by Pindathon of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access
to or use of the Website will be governed by the laws of the state of California, excluding
its conflict of law provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the the Rajasthan High Court Jaipur, OR.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled
to costs and attorneys’ fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties’ original intent, and the
remaining portions will remain in full force and effect. A waiver by either party of any
term or condition of this Agreement or any breach thereof, in any one instance, will not
waive such term or condition or any subsequent breach thereof. You may assign your rights
under this Agreement to any party that consents to, and agrees to be bound by, its terms and
conditions; Pindathon may assign its rights under this Agreement without condition. This
Agreement will be binding upon and will inure to the benefit of the parties, their
successors and permitted assigns.
By using the mapping features of Pindathon, you agree to be bound by Google’s Terms of Use,
which can be found here.
These terms are based upon the WordPress Terms of Service, and are licensed under Creative
Commons Share-Alike 1.0. This means that you are free to use and edit them for your own
purposes, even commercially, provided you release your new versions under the same license.
Pindathon Waiver and Release of Liability.
In consideration of Pindathon, a initiation by L&F Club (“Pindathon”), furnishing services
to enable me to use the Pindathon application in connection with activities including, but
not limited to cycling, running, route planning, and/or participation in Virtual Events
(hereinafter collectively referred to as “Activities”), I agree to the terms of this
Pindathon Waiver and Release of Liability (“Release”) as set forth herein.
I fully understand and acknowledge the following:
1. The Activities have inherent risks, dangers, and hazards;
2. My participation in the Activities carries with it the potential for property loss and
serious injury or illness, including, but not limited to, bodily injury, disease, strains,
fractures, partial and/or total paralysis, death or other ailments that could cause serious
disability;
3. The risks and dangers arising out of or related to the Activities may be caused by
negligence of myself, the owners, employees, officers or agents of Pindathon, the negligence
of sponsors, component manufacturers, original equipment manufacturers, independent bike
dealers, trail associations, individual promoters, event promoters, clubs, cycling clubs,
agencies, personal trainers, participants, or other parties, as well as accidents, breaches
of contract, the forces of nature, or other causes. Risks and dangers may arise from
foreseeable or unforeseeable causes including, but not limited to, those caused by terrain,
darkness, altitude, temperature, weather, condition of participants, equipment, inadequate
safety equipment, vehicular traffic, actions of other parties, fixed or moving objects, lack
of hydration, and such other risks, dangers, and hazards that are integral to the Activities
in an outdoor or recreational environment; and
4. In consideration for allowing me to participate in these Activities, I hereby assume all
risks and dangers and all responsibility for any losses and/or damages, whether caused in
whole or in part by the negligence or other conduct of the owners, agents, officers, or
employees of Pindathon. I am also solely responsible for whether I will or will not wear a
helmet or other protective gear or equipment.
Further, as consideration and a strict condition precedent to my participation in the
Activities, I, on behalf of myself, my personal representatives and my heirs hereby
voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify
Pindathon, and its owners, agents, officers and employees from any and all claims, actions
or losses for bodily injury, property damage, wrongful death, loss of services or otherwise
which may arise out of my use of Pindathon services arising out of or relating to the
Activities. I specifically understand that as consideration and as a strict condition
precedent to my participation in the Activities, I am releasing, discharging, and waiving
any claims or actions that I may have presently or in the future for the negligent acts or
other conduct by the owners, agents, officers or employees of Pindathon.
This Release shall be governed by and interpreted in accordance with the laws of the
Rajasthan (India), and in the event that any clause or provision herein shall be held to be
invalid by any court of competent jurisdiction, the invalidity of such clause or provision
shall not otherwise affect the remaining provisions of this Release which shall continue to
be enforceable. I hereby agree that any claim for damage or injury arising out of or
relating to the Activities and Pindathon (“Claim”), not otherwise barred by this Release,
must be commenced by filing a complaint in the Rajasthan High Court Jaipur no later than 120
days after the Claim arises, or else the Claim is forever barred. The exclusive jurisdiction
for any such Claim is in the Rajasthan High Court Jaipur, and I consent to personal
jurisdiction in those courts.
GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made
thereunder, the name and contact details of Grievance Officer are provided below :
Name : Dr. Sandeep Sharma
Location : SMS Medical College, Jaipur, Rajasthan, India
Contact : +919799952030
Email : [email protected]
- USER