TERMS AND CONDITIONS
Last updated Dec 30, 2020
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and Squats Fitness Private Limited (“Squats”, “Company”, “we,” “us” or “our”), concerning your access to and use of the Website and GymCounselor Mobile Application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website and Mobile Application”). Squats may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"), providing the Services to you on behalf of Squats. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement. You agree that by accessing the Website and/or Mobile Application, you have read, understood, and agree to be bound by all of these Terms and Conditions.
IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY.
Changes to Terms & Conditions:
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website or using any of the Services after the date such revised Terms and Conditions become effective. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You must be at least 19 to enroll with a coach on the Platform. If you are below the ages of 18 (“Minor”), you may use our Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use our Services, provide any Personal Data to Squats, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address). As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Website or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that the Minor using the Website has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your account and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Website.
In consideration of being allowed to participate in the Strength and Conditioning, Yoga, Martial Arts, Zumba, Nutrition and Fitness and Mindfulness Coaching Services offered by Squats and to use its Strength and Conditioning, Yoga, Martial Arts, Zumba, Nutrition and Fitness and Mindfulness Coaching Services, in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless Squats and its coaches, consultants, officers, agents, and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from your participation in any activities, or your use of any Strength and Conditioning, Yoga, Martial Arts, Zumba, Nutrition and Fitness or Mindfulness Coaching Services. You do also hereby release Squats, its coaches, consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to you, or in any way arising out of or connected with your participation in any activities with Squats. You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. You also understand that fitness activities involve a risk of loss of personal property, serious injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved. You hereby agree to expressly assume and accept any and all risks of loss of personal property, serious injury or death related to said fitness activities. In addition, You certify that you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated. And You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to Squats before beginning any fat loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the Services. You do hereby acknowledge that Squats has recommended to you to obtain a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that Squats has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in activity and use of equipment, machinery, and programs designed by Squats without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.
SQUATS DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE COACHES/TRAINING SPECIALISTS AND AVAILABLE ON THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE GymCounselor PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF GymCounselor SERVICE USERS).
The Nutrition/Training Plans provided by the coaches/training specialists and available on GymCounselor are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new Nutrition and/or training plan. You understand that you are agreeing to the terms of the Company i.e Squats having known that beforehand and understand that not following the instructions and structured Nutrition Plans entirely and regularly will not produce 100% results.
LIFE COACHING DISCLAIMER:
You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the use of the Services and Your interactions with the Coach. As such, You agree that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the Indian Psychiatric Society Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Your exclusive responsibility to seek such independent professional guidance as needed. If You are currently under the care of a mental health professional, it is recommended that You promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by You and the Coach. You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.
INTELLECTUAL PROPERTY RIGHTS SQUATS, GymCounselor, Fitcoin and Transformation Challenge are registered Trademarks of Squats Fitness Private Limited. Unless otherwise indicated, the Website is our proprietary property and all content, source code, databases, functionality, software, website designs, audio, video, text, images, photographs, graphics, illustrations, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, including nutritional information contributed to the Food Database on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content or Marks may be modified, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, performed, encoded, translated, transmitted, distributed, sold, licensed, create derivative works of or otherwise exploited for any commercial purpose whatsoever in whole or in part, without our express prior written permission. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.
By using the Website, you represent and warrant that: all registration information you submit will be true, accurate, current, and complete. you will maintain the accuracy of such information and promptly update such registration information as necessary; you have the legal capacity and you agree to comply with these Terms and Conditions; you are not a minor in the jurisdiction in which you reside; you will not access the Website through automated or non-human means, whether through a bot, script or otherwise; you will not use the Website for any illegal or unauthorized purpose; and your use of the Website will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You may be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
FITCOIN TERMS AND CONDITIONS
You may avail the services of the FitCoins upon successful registration and creation of an Account on the GymCounselor App or Website. You are bound by these terms and conditions of the FitCoin System. By signing up, you agree that you have read and understood the Terms and Conditions that govern the FitCoin's System, and give consent to Squats to contact you for events, promotions, product information and discount. This will override the registry on NDNC/DND. Members can benefit from the FitCoin System by availing the services on the GymCounselor App or Website. The FitCoin System is open to users of GymCounselor worldwide above 18 years of age only. FitCoin's System is for individuals only - it is not open to corporates or companies. Enrolment must be in the applicant's full name and mobile number is mandatory. Only one enrollment per individual will be acknowledged. FitCoin balance is not transferable. The person named database must be present at the time of purchase to be eligible for FitCoins available as per the System. Misuse of FitCoin's or other System benefits may result in termination of membership or withdrawal of benefits at the sole discretion of Squats. No accumulation or redemption of FitCoins will be permissible if, on relevant date, the GymCounselor Account has been deleted or is liable to be deleted or if the account of the User is a defaulted account or if there is any breach of any clause of these Terms and Conditions. The FitCoin's System is valid for use during the course of FitCoin's System. Squats reserves the right to refuse FitCoin's System to an applicant without assigning any reason whatsoever. Squats may suspend or terminate the Refer and Earn program or any user's ability to participate in the program at any time for any reason at their sole discretion. Usage conditions of FitCoins may change at the discretion of Squats, at any point in time. Squats reserves the right to amend these terms and conditions at any time without any prior notice. Modifications of these terms will be effective from the time they are updated in the Terms and Conditions section. A product purchased by redemption of FitCoins from FitShop is governed by and subject to the applicable Seller policies, including applicable exchange and shipping policies. You agree that we are not agents of any Seller and that the Sellers operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Seller is solely between you and that Seller. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Company is not responsible for changes to, or discontinuance of, any Seller, or Seller withdrawal from the Program, or for any effect on accrual of FitCoins caused by such changes, discontinuance or withdrawal. Earning Fitcoins A user can earn reward points by- getting likes on users comments on GymCounselor. referring and registering new users on GymCounselor. posting a Recipe on GymCounselor. updating client progress by users who have enrolled under a mentor on GymCounselor. participating in a Challenge on GymCounselor. leaving a review of the GymCounselor Mobile Application on Google Play Store or Apple App Store. By referring GymCounselor to your friends, both user and users friend will receive 50 FitCoins each upon successful registration by users friend on GymCounselor. Users friend must not have installed the GymCounselor app on any of their devices before. The Email ID and/or phone number through which the friend signs up with GymCounselor app, must not have been used for signing up with GymCounselor earlier. The mobile number provided by the friend to receive the OTP must not have been used to sign up earlier. The device on which the users friend downloads the GymCounselor app should not be rooted or jail-broken. GymCounselor app should not be installed using App runtime for Chrome, emulators or simulators. If your friends use someone else's referral link, the person whose link was used first to download the GymCounselor App would get benefits, even though you had referred them first. The first link used to install the app by your friend would be considered for the referral FitCoins. Squats reserves all rights to change the amounts conferred under the Refer and Earn program at any point in time. FitCoins cannot be transferred to your bank account. Additionally, FitCoins across multiple accounts cannot be combined into a single account. FitCoins cannot be exchanged for cash. Users can refer to any number of people. Depending on the conversion rate as on date, a certain amount of FitCoins will be credited to the users GymCounselor account getting more number of likes. FitCoins earned by a user will be credited to his/her account within the next 24 hours. FitCoins can only be earned through the use of GymCounselor App or Website. No two offers or discounts available can be clubbed together unless specified otherwise. Your unique referral links/code should only be used for personal and non-commercial purposes. You cannot distribute/publish your unique referral link/code where there is no reasonable basis for believing that most of the recipients are personal friends (such as coupon websites, forums, Wikipedia etc.). FitCoins earned as a result of fraudulent activities will be revoked and deemed invalid. In case the FitCoins are not credited to your account, please write to “support@GymCounselor.com”. Redemption of FitCoins For the purpose of redemption, 1 (One FitCion) FitCoin will be equal in value to Rs.1 (Rupee One) as the base value initially, which is subject to change based on the contribution of the users which will affect the exchange rate on the GymCounselor App or Website. However, Squats reserves the right to modify the formula used for calculating the exchange rate/value of the FitCoins. FitCoins can be redeemed on purchase of any product or service from the FitShop available on GymCounselor App or Website. When you make a purchase using FitCoins balance, in the event of a cancellation request of the purchase, the FitCoins used will not be credited back to your FitCoin balance. On redemption, the FitCoins so redeemed would be automatically subtracted from the accumulated FitCoins in your GymCounselor Account. FITSHOP TERMS Redemption orders cannot be cancelled or varied once request has been placed. All items listed under the FitShop are subject to availability of the goods and supplier restrictions, at the time of redemption. The items listed in the FitShop are subject to change without any prior notice. Squats does not accept liability for damage to persons or property whatsoever caused in relation to products redeemed by GymCounselor Users through FitShop. Squats will not be liable or responsible for the products offered through the FitShop and Squats gives no warranty (whether express or implied) or representation either express or implied with respect to type, quality or fitness of goods acquired or their suitability for any purpose provided by the Supplier under this Program, whatsoever. Squats shall not be liable or responsible for any defect or deficiency in the FitShop products, whatsoever. All guarantees and warranties on the FitShop shall be transferred as is from the manufacturer or the Seller(s). Any dispute as regards delivery of defective or deficient items from the FitShop must be addressed by the GymCounselor User to Squats within 7 working days of the date of receipt of the items. Any claims made after 7 days shall not be entertained and the GymCounselor User shall be deemed to be satisfied with the items. After 7 working days of the date of receipt of the items, GymCounselor Users must contact the respective Seller(s) / Manufacturer (in case of manufacturer warranty) in the event of any defect or deficiency in the products redeemed through FitShop. Any images displayed on the FitShop for products are for illustrative purposes only. Characteristics of actual products may vary. In case of non-receipt of the warranty card /Invoice (comprising of Seller’s warranty) for any products redeemed through FitShop, the GymCounselor User must contact GymCounselor Support Centre immediately and inform of non-receipt of redeemed products. Squats reserves the right at any time, without prior notice, to add / alter / modify /change or vary all of these terms & conditions or to replace wholly, or in part, the Offer by other offers,whether similar to this Offer or not, or to withdraw it altogether. Squats reserves the right to extend or terminate this program without prior notice. Usage of the Products redeemed from FitShop will be governed by the Terms & Conditions of the Seller’s and Manufacturer. Squats holds no warranty and is not representative of the delivery, services, suitability, merchantability, availability or quality of either of the products/services made available to you under this Offer. The above Terms & Conditions need to be read in conjunction with the detailed GymCounselor Terms and Conditions. Squats or any of its entities, or affiliates, their respective directors, officers, employees, agents, vendors, shall not be responsible for or liable for any actions, claims, demands, losses, damages, costs, charges and expenses whatsoever that may be suffered, or for any personal injury that may be suffered, sustained or incurred to a GymCounselor User, directly or indirectly, by availing the redemption and/ or due to use or non-use of products/services availed of under this redemption. The Terms & Conditions shall be governed by the Laws of India. Any dispute arising out of this Offer shall be subject to the exclusive jurisdiction of competent courts in Raipur, Chhattisgarh. TRAINING SPECIALIST POLICY Prior to, or during, the course of your Training Specialist, health concerns may arise that may require further input from your doctor, physiotherapist, or other allied health care professional. If such concerns arise, you should consult an appropriate health professional before continuing your Training Specialist sessions. Please be aware that the Training Specialists are not health care professionals and cannot diagnose and/or prescribe treatment for any form of injury, disease, or other medical problem You understand that you have the complete right to stop or decrease exercise at any time during a session, and that it is your obligation to notify your physician or seek medical attention immediately if you develop any symptoms such as fatigue, shortness of breath or chest discomfort. Equipment Training Specialist or You will provide the equipment or machinery to be used in connection with workouts, including, but not limited to, benches, dumbbells, barbells, and similar items (“Equipment”), and You will have control over the area in which you perform your workouts. You represent and warrant any and all Equipment you provide for training sessions (“My Equipment”) is for personal use only. The Training Specialist has not inspected your Equipment and has no knowledge of its condition. You understand and You take the sole responsibility for your Equipment. You acknowledge that although the Training Specialist takes precautions to maintain the Equipment provided by the Training Specialist (“His Equipment”), His Equipment and/or Your Equipment (“His or Your Equipment”) may malfunction and/or cause Injuries and Changes (as defined below) and that You take sole responsibility to inspect any and all of His or Your Equipment. Furthermore, You take sole responsibility for any Injuries or Changes Training Specialist sustains while using Your Equipment to demonstrate an Activity, or otherwise, and agree to indemnify the Training Specialist for any and all medical expenses and lost wages related to his use of Your Equipment. Session Policy All appointments for Training Specialists will be scheduled directly between the Training Specialist and You. Subsequently, if you have to cancel or reschedule any previously scheduled appointments, You must contact the Training Specialist directly at least 24 hours in advance of the scheduled appointment. If You do not cancel or reschedule an appointment at least 24 hours in advance, Squats reserves the right to deduct one session due to cancellation. If You fail to appear for a scheduled appointment, Squats reserves the right to deduct one session due to cancellation for no show. All cancellations must be made 24 hours in advance by phone, text or email.
FEES AND PAYMENT
We accept the following forms of payment: - Credit Card - Debit Card - Net Banking - Mobile Wallets - UPI - Paypal - Cash (Only at Squats Diet and Wellness Centre) You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Website. GST will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian National Rupees. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.
Only 6 Week, 12 Week and 24 Week Packages/Plans are refundable no later than 30 days of purchase. Sports Nutrition Package, General Well Being Family Package, Pre-Wedding Makeover Package, Contest Prep/Pre Photo Shoot Package are non-refundable, non-exchangeable, non-saleable and non-transferable. All Home Workout Sessions are non-refundable, non-exchangeable, non-saleable and non-transferable if more than one session is availed. All Individual Training Specialist Sessions and Couple Training Specialist Sessions are non-refundable, non-exchangeable, non-saleable and non-transferable. Coach change is not available for Training Specialist Sessions. All Strength and Conditioning, Yoga, Martial Arts and Zumba Subscriptions are non-refundable, non-exchangeable, non-saleable and non-transferable. All purchases made offline at Squats Diet and Wellness Centres are non-refundable, non-exchangeable, non-saleable and non-transferable. In case of cancellation of a package: For 12 Week Transformation Package ? 500 / US $8 will be deducted. For 24 Week Extended Transformation Package and 12 Weeks Couple Package ? 1000 / US $16 will be deducted. For Elite 12 Week Transformation Package ? 2000 / US $32 will be deducted. For Premium 12 Week Fitness Plan ? 1000 / AUD $20 will be deducted. For Premium 24 Week Fitness Plan and 12 Week Couple Transformation Plan ? 2000 / AUD $40 will be deducted. If you are not satisfied with our services then you can ask for a coach change in the same tier as of your purchase or a refund by raising a ticket to cancel your package subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect immediately upon approval. Coach change may only be provided in the same tier as that of the enrolled coach, at the discretion of Squats. If you are unsatisfied with our services, please email us at support@GymCounselor.com or call us at 020-71968000.
COMMUNITY STANDARDS AND CONDUCT GUIDELINES
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION TECHNOLOGY AMENDMENT ACT, 2008, SQUATS IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES. HARASSMENT POLICY
We do not tolerate harassment on GymCounselor. We want people to feel safe to engage and connect with their community. Our harassment policy applies to both public and private individuals because we want to prevent unwanted or malicious contact on the platform. Context and intent matter, and we allow people to share posts if it is clear that something was shared in order to condemn or draw attention to harassment. In addition to reporting such behavior and content, we encourage people to use tools available on GymCounselor to help protect against it. Anyone found in violation of this Harassment Policy will be banned immediately from the GymCounselor community and the users GymCounselor Account will be terminated. Do not: Repeatedly contact a single person despite that person's clear desire and action to prevent that contact. Repeatedly contact large numbers of people with no prior solicitation. Make Posts, Comments or Send messages that contain: Cursing aimed at an individual or group of individuals in the thread. Calls for death, serious disease or disability, or physical harm aimed at an individual or group of individuals in the thread. trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people. Claims that a victim of a violent tragedy is lying about being a victim, acting/pretending to be a victim of a verified event, or otherwise is paid or employed to mislead people about their role in the event when sent directly to a survivor and/or immediate family member of a survivor or victim. Send messages to a group that contain trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people, regardless of whether the person being targeted is a public or private individual. Target anyone maliciously, including public figures, by Attacking them based on their status as a victim of sexual assault or sexual exploitation. Threatening any participant in public discourse with violence in an attempt to intimidate or silence them. Calling for self-injury or suicide of a specific person, or group of people. Target victims or survivors of violent tragedies by name or by image, with claims that they are Lying about being a victim of an event. Acting/pretending to be a victim of an event. Otherwise paid or employed to mislead people about their role in the event. Target a minor with: Claims about sexual activity or sexually transmitted disease(s). Content has been photoshopped to include threats of violence either in text or image (for example, adding bullseye, dart, gun to head). Calls for death or serious disease or disability. Statements of intent to commit violence or low severity harm in an attempt to silence someone. Objects created to attack through: Cursing at an individual or individuals. Degrading physical description. Claims about blasphemy. Expressions of contempt. Expressions of disgust.
USER GENERATED CONTRIBUTIONS
As a user to our Services, you are automatically invited to join and participate in group discussions in various groups available on the Mobile App/Website namely - Q&A, Transformations, Recipes and Articles (“GymCounselor Groups”) with other users that may be designated as a Group Administrator by Squats (such person or persons, collectively, the “Administrators”) as well as a coach, who may be an employee or a contractor of Squats, personnel from an unaffiliated third party service provider or personnel from, or designated by, our Business Customer (such person, a “Coach”). GymCounselor groups are a Public Forum, and by using the GymCounselor Groups, you may receive electronic communications, including group chat messages and/or private messages from Coaches, Facilitators and other GymCounselor Group members who are members of the same GymCounselor Group. GymCounselor Group members can see your public profile, but will not see your email address or phone number. If you do not wish people to see your posts, profile and do not wish to receive messages from other members, you should turn on your privacy settings from the GymCounselor Mobile App/Website. Whether you transmit any user content via private messaging or public group feature, you agree to abide by our community standards and conduct guidelines at all times. You further acknowledge that by providing you with the ability to distribute User Content in the discussion forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any User Content or activity in any Public Forum, nor do we endorse any such User Content or activity. Although we reserve the right to monitor some, all, or no areas of the Services (including any discussion forum and GymCounselor Group) for adherence to the community standards and conduct guidelines set forth above and to remove, without notice, any User Content for any reason, we have no obligation to review Content prior to the Content’s posting or to delete User Content that you may find objectionable or offensive.
SQUATS DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON. PUBLIC PROFILE; INFORMATION PROVIDED BY MEMBERS
In order to join a Group in GymCounselor or access similar services that provide Public Forums or interactions with other members, you may be required to keep your privacy settings off, which may make public certain identifying information (such as profile photos, etc.). In addition, members have the option to post photographs, messages, videos and other information on GymCounselor Groups. Squats relies on its members to provide current and accurate information, and Squats does not, and cannot, investigate information contained in member public profiles. Accordingly, we must assume that information contained in each member's public profile is current and accurate.
SQUATS DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THEIR USE OF THE SERVICES. CONTRIBUTION LICENSE
“User Contribution” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, nutritional information contributed to our food database and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as message boards, recipe logging), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted. By posting your Contributions to any part of the Mobile Application or making Contributions accessible to the Mobile Application by linking your account from the Mobile Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Mobile Application. You are solely responsible for your Contributions to the Mobile Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions; to re-categorize any Contributions to place them in more appropriate locations on the Website; and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
FOOD DATABASE AND DISCLAIMER
As part of the Services, GymCounselor maintains a food database that contains a combination of nutritional information entered directly by Squats and nutritional information entered by GymCounselor users (“Food Database”). Any GymCounselor user can contribute nutritional information to the Food Database. Please be advised that nutritional information found in the Food Database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information.
SQUATS DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL SQUATS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION.
You are solely responsible for ensuring that any nutritional information in the Food Database is accurate, complete and useful. Nutritional information in the Food Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of SQUATS.
GUIDELINES FOR REVIEWS
We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria: you should have first hand experience with the person/entity being reviewed; your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; your reviews should not contain references to illegal activity; you should not be affiliated with competitors if posting negative reviews; you should not make any conclusions as to the legality of conduct; you may not post any false or misleading statements; and you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License If you access GymCounselor via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not: decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; violate any applicable laws, rules, or regulations in connection with your access or use of the application; remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; make the application available over a network or other environmental permitting access or use by multiple devices or users at the same time; use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
As part of the functionality of the Website, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: providing your Third-Party Account login information through the Website; or allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that: we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists and; we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website . Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Website . You will have the ability to disable the connection between your account on the Website and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Website . You can deactivate the connection between the Website and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Website may contain (or you may be sent via the Website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website , including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website . Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your use and purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: monitor the Website for violations of these Terms and Conditions; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website .
COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any Intellectual Property you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to Indian Copyright laws you may be held liable for damages if you make material misrepresentations in a Notification by making false copyright claims. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney. We may terminate your GymCounselor account if you repeatedly infringe the intellectual property rights of others.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Website.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITION, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND MOBILE APPLICATION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website. We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
These Terms and Conditions and your use of the Website shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Raipur, Chhattisgarh. Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after: when such cause of action accrues; or such User becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.
Binding Arbitration If any dispute, controversy or claim arises under this Agreement or in relation to any Service or the GymCounselor Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Squats may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Pune and the language of this arbitration shall be English. Either You or Squats may seek any interim or preliminary relief from a court of competent jurisdiction in Pune necessary to protect the rights or the property belonging to You or Squats (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Squats may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Squats. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this Agreement. Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
DISCLAIMER THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: your Contributions; use of the Website; breach of these Terms and Conditions; any breach of your representations and warranties set forth in these Terms and Conditions; your violation of the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we encrypt and perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by squats on the Website or in respect to the Website constitute the entire agreement and understanding between you and squats. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Website. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.