Nerulgymkhana

Nerul Gymkhana’s TERMS OF USE

Last updated: April 1, 2022

Please read these terms and conditions carefully before using Our Service.

Agreement to Terms

Welcome to Nerul Gymkhana. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Nerul Gymkhana website https://nerulgymkhana.com/ (hereinafter referred to as “Website/Platform“).

The Website is designed, developed and owned by Nerul Gymkhana. Though all efforts have been made to ensure the accuracy and currency of the content on this Website. However, in case of any ambiguity or doubts, users are advised to verify/check with Nerul Gymkhana and/or other source(s), and to obtain appropriate professional advice.

Under no circumstances will Nerul Gymkhana be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this Website. These terms and conditions shall be governed by and construed in accordance with the Indian Laws. Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the competent court in Maharashtra, India.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of a member (“You”, “Your” or “User”) and Nerul Gymkhana (“Club”, “we,” “us” or “our”), concerning your access to and use of the https://nerulgymkhana.com/  website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, You have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and You must discontinue use immediately.

Your use of the Website of the Club and its services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Club including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, You shall be contracting with the Club, the owner of the Website. These terms and conditions including the policies constitute Your binding obligations, with the Club.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Reviews of the services provided by the Club, Reviews about the App etc.), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Club Policies including but not limited to Privacy Policy as amended from time to time.

Any violation of these Website Terms of Use may result in the termination of your access to the Website. The Website is for your own personal use only. Any commercial use will result in termination of your access to the Website and service. You cannot distribute or copy or modify any part of it in any way.

You must not attempt to extract any source code from the Website, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the Website and our systems.

The Website is meant to be used by adult and children alike. If you are under the age of 18 years, you may use Services mentioned in the Website, only with the involvement of a parent or guardian.

  1. User Account, Password, and Security:

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree to immediately notify the Club of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.

  1. Services Offered:

The Club provides access to the members to avail a number of sports, recreational and other services at its premises. The Services can be booked through the Website/Platform through the various modes of payments. The use of the Services shall be additionally governed by specific policies such as cancellation policy and refund policy, etc.

By participating in any Service made available through the Website, all eligible members agree to be bound by these ‘Terms and Conditions’, the ‘Terms of Use’, ‘Privacy Policy’ and other relevant documentation that are available by the Club including any modifications, alterations or updates that may be made by The Club. The Club shall not be liable or responsible to the member/s of the Club in for any indirect or consequential loss or damage.

  1. Privacy:

Please review our Privacy Notice, which also governs your visit to https://nerulgymkhana.com/, to understand our practices. The personal information / data provided to us by you during the course of usage of https://nerulgymkhana.com/ will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

  1. Access to the Website/Platform:

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

  1. Content and Intellectual property rights:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content“), is owned, controlled or licensed by or to the Club and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Website and the Content may also contain various third-party names, trademarks, and service marks that are the property of their respective owners. The Club has no control over such third-party user generated content as the Club is merely an intermediary for the purposes of this Terms of Use.

No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Club.

  1. User Conduct and Rules on the App:

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which

  1. belongs to another person and to which the user does not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  1. infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force;
  2. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  3. impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation

You shall not use the Website/Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the Club and its Bye Laws and interrupt or causes to interrupt, damages the use by other Users of the website.

You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads the Club by sharing multiple address and phone numbers or transacting with malafide intentions.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, or any other illegitimate means. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Service Tax, Local Levies) regarding Your use of Our services.

The Content posted by You does not necessarily reflect the Club’s views. In no event shall the Club assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

  1. Representations, Warranties and Liability:

All the services, included on or otherwise made available to You, through Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Club does not warrant that: Website will be constantly available, or available at all or the information on the Platform is complete, true, accurate or non-misleading.

You will be required to enter a membership number or valid phone number while placing an order for any Services on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any updates. We may use your personal information to initiate any promotional phone calls or SMS.

  1. Indemnity:

You shall indemnify and keep indemnified and hold the Club harmless from and against any loss, claim, damage, costs, taxes, duties, additions, penalties, interest thereon or expenses of any kind, including reasonable attorney’s fees, incurred/sustained or caused to be incurred/sustained to the Club, directly or indirectly or in any manner whatsoever while acting on their undertakings, representations and warranties, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

You hereby agree to indemnify and keep the Club harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by the Club as a consequence of (i) violation of terms of this Policy by You (ii) violation of applicable laws (iii) any action or inaction resulting in wilful misconduct or negligence on Your part.

  1. Termination:

The Club may suspend or terminate your use of the Platform or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Club chooses to terminate them.

If You or the Club terminates your use of the Platform or any Service, the Club may delete any content or other materials relating to your use of the Service and the Club will have no liability to you or any third party for doing so. However, your transactions details may be preserved by the Club for purposes of tax or regulatory compliance.

The Club may unilaterally terminate Your account on any breach of clause 6 of these Terms of Use. Your credit and pending refunds if any will be forfeited in such case. The Refund for such Users shall be at the sole discretion of the Club.

If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules to mislead the Club by sharing multiple address and phone numbers or transacting with malafide intentions, then the Club reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

  1. Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the competent courts, tribunals etc. at Mumbai. The place of jurisdiction shall be exclusively in Maharashtra.

  1. Disclaimer:

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Club. While we have taken precautions to avoid inaccuracies in content, this website, all content, information software, products, services and related graphics are provided as is, without warranty of any kind. The Club shall not have any obligations or liabilities in respect of any transactions on Platform.

  1. Modifications:

The Club reserves the right to amend, modify, cancel, update or withdraw any Offer/Service at any time without notice. Upon such premature suspension, inconvenience, cessation, withdrawal, termination or closure of the Offer/Service, no person shall be entitled to claim loss of any kind whatsoever.

  1. Miscellaneous:

The Club shall not be responsible if some purchase is made for use of Services, event or functions etc. is lost due to any network problems such as breakdown of Your device/s, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between You and the network operator without involving The Club.

The Club shall not be liable for any loss or damage due to Act of God, Governmental actions, force majeure circumstances, or any other reason beyond its control, and shall not be liable to pay any monetary compensation or otherwise for the same.

 

Changes to these Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms of Use at any time. Thus, You are advised to review this page periodically for any changes. We will notify You of any changes by posting the new Terms of Use on this page.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Contact Us

Any feedback or other information users of Website provide at this Website shall be deemed to be non-confidential. Nerul Gymkhana may to use such information on an unrestricted basis.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us by: