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Terms & Conditions

Last updated on 13 Mar 2022

 

These Terms of Use (Terms) govern the use and access of the website www.netrin.tech, mobile, and web applications, the devices and accessories (together referred to as “Services“ henceforth), owned and operated by Netrin Sports Technologies Private Limited (the Company, Netrin, “We“ or “Us“). By accessing or using our Services, you (Users or You) agree to comply with and be bound by these Terms. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms, and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on Netrin or availing any of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. However, if You navigate away from Netrin to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such an event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website. Please read these Terms carefully as well as the Privacy Policy which is incorporated herein by reference.

By accessing or using any part of Netrin, the User states and confirms to have read, understood, and agreed to these Terms, as amended by the Company from time to time at its sole discretion. In the event a User does not agree to any or all of the provisions of these Terms, without modification, such User is requested to not use and access Netrin/Netrin’s Services. Users are expected to review the Terms periodically to ensure that they are aware of all changes or amendments made hereto. User's continued access or use of our Services following any alteration to the Terms constitutes the User's acceptance of those alterations or modifications of the same.

1. Services

The Company provides the following services to the Users:

1.1. Enable the Users to purchase any hardware devices or accessories or licenses or program subscriptions (“Products”) developed by the Company online/offline

1.2. Enable the Users to undergo/collect/analyze/track/monitor their data for lifestyle, workout, or sport assessments on Netrin’s software applications (both mobile and web, online or offline)

1.3 Enable the Users to attend interventions to meet Users' goals conducted by Netrin/Netrin’s partners through Netrin’s Products

2. Registration

2.1. Users are required to sign up and create an authenticated account (“Account”) by providing all required information in order to access or use the Services. User shall identify a username and password and provide certain personally identifiable information including without limitation, name, age, gender, telephone/mobile number, email Id and other contact details, etc. (“User Information”) in order to create and maintain an Account with Netrin.

2.2. You agree and acknowledge that You would (i) create only 1 (one) Account; (ii) provide accurate, truthful, current, and complete information when creating Your Account and in all Your dealings through Netrin; (iii) maintain and promptly update Your Account information; (iv) maintain the security of Your Account by not sharing Your password with others and restricting access to Your Account; (v) promptly notify the Company if You discover or otherwise suspect any security breaches relating to Netrin; and (vi) take responsibility for all the activities that occur under Your Account and accept all risks of unauthorized access. In the event, when a User provides any information that is untrue, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Company may terminate such User’s account and refuse current or future use of any or all of the Services.

2.3. Users shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under their account. Users shall not, under any circumstance, share their username and password with any third party, or otherwise provide third party access to his/her Account. Users further agree to notify the Company immediately of any unauthorized use of their username and passwords or any other breach of security

2.4. The Company will not be liable for any loss or damage arising from the failure on part of the Users to comply with this clause. Further, Users shall agree to indemnify and hold the Company harmless from any claims or damages suffered by the Company due to any improper or illegal use of their account.

3. License

The Company grants the User a non-exclusive, revocable, non-transferable, and limited license to access and use the Services on his/her/its personal device, as made available through Netrin. The Company may, from time to time, update or modify features of the Products and Services, release new versions, or create new modules related thereto, each of which may, at its discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to Netrin’s Products and Services through the respective Account and login credentials authenticated for a particular Use.

4. Eligibility

4.1. You are eligible to use the Services by registering with Netrin, if and only, you comply with the following conditions

  • You have completed the legal age of 18 years. In the event the User is below 18 years of age, parental consent of such User shall be required;

  • You are eligible to enter into a legally binding contract; and

  • You are not barred from entering into a contract by any applicable law for the time being in force.

4.2. You further represent and warrant that:

  • You have the right, authority, and capacity to enter into these Terms;

  • You agree that in order to use and have access to certain Services available on Netrin, you will have to register and create an Account with Netrin;

  • You are neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company;

  • Your use of the Services does not violate any applicable law; and

  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize Netrin to use all the proprietary rights in and to any and all of the User Information, Personal Information, and intellectual property pertaining to any such information to enable their inclusion and use in the course of Services being provided by the Services.

5. Privacy

The Company respects the privacy of Users and has accordingly formulated a Privacy Policy, in compliance with the applicable laws. The use of any personally identifiable information (“Personal Information”) shall be governed by such Policy as provided on Netrin and amended from time to time.

6. Third-Party Links

Netrin may include links to other websites or applications that are not owned or operated by the Company. The Company does not have any control over these third-party websites or applications (the “Third-Party Links”) and is not responsible for any information, functionality, or content accessed through the Third-Party Links. Furthermore, Third-Party Links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of the Company. The Users are responsible for taking the necessary precautions to protect themselves and their mobile devices, computer, and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such Third-Party Links. The Company disclaims any responsibility for any harm resulting from a User’s access or use of these Third-Party Links.

7. Terms and Conditions for Sale and Delivery of the Product

The Company respects the time and money of the Users and has accordingly formulated a customer’s Purchase Policy, in compliance with the applicable laws. The use of any personally identifiable information (“Personal Information”), the rules of payments, shipment, delivery, return/refund/cancellation shall be governed by such Policy as provided on Netrin and amended from time to time.

8. Pricing and Payment

The fee/consideration charged by the Company (including that for any of its Services, and for the Products) can be paid online via Credit Card, Debit Card, Net Banking, UPI Payment, and through multiple online payment wallets such as Payzapp, Paytm, etc. You acknowledge that your payments shall also be governed by the terms and conditions of the respective payment methods/payment gateways. You agree, understand, confirm and state that the details (whether of debit card, credit card, net banking, UPI Payment, or payment through online wallets) provided by You to make payment and transact on Netrin will be correct, accurate and is owned by You. In the event You use payment details belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the said details/payment mode for making payments. The Company will not be liable for any payment fraud including any credit card/debit card fraud. The liability for use of a payment mode fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User. In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover the cost of servicing, collection charges, attorney’s charges, etc., from a User using Netrin fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of Netrin and any other unlawful acts or acts or omissions in breach of these terms and conditions.

9. Restrictions on Use.

9.1. Users shall not use the Services provided by Netrin:

a) for any unlawful purpose or in violation of any applicable laws; or

b) in a manner that will infringe the copyright, logo, trademark, trade secret, or other intellectual property rights of others, or violate the privacy or other personal rights of others; or

c) post any content that is defamatory, libelous, obscene, threatening, abusive, or is offensive to other Users, such as content or messages that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; or

d) post any content that is false or misleading, or that harasses or advocates harassment of another person.

9.2. Users are also prohibited from violating or attempting to violate the security of Netrin, including, without limitation the following activities:

a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access;

b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c) attempting to interfere with Services to any User, host, or network, including without limitation, submitting a virus to Netrin, overloading, “flooding”, “spamming”, “mailbombing”, “hacking” or “crashing”; or

d) transmitting any viruses, worms, defects, bugs, Trojan horses, or other items of a destructive nature;

e) removing any copyright, trademark, or other proprietary notices from any portion of Netrin;

f) reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploit Netrin except as expressly permitted by the Company;

g) submitting any User Information unless you are the owner of the rights in such User Information or have the permission from the rightful owner to share the material and to grant the Company all of the license rights granted herein;

h) decompiling, reverse engineering, or disassembling Netrin except as may be permitted by applicable law;

i) linking to, mirroring, or framing any portion of the Services;

j) reformatting any portion of the pages that are part of Netrin;

k) accessing Netrin through a code, program, or procedure either singly or repetitively with an intent to bypass safeguards built-into Netrin;

l) causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Netrin or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

m) attempting to gain unauthorized access to or impairing any aspect of Netrin or its related systems or networks or Services;

n) infringing any intellectual property or other proprietary rights of any third party;

o) copying or using the information, content or data of others available on Netrin (except as expressly authorized); and

p) overriding any security feature of the Services.

Further, violations of system or network security may result in civil or criminal liability.

10. Remedies

10.1. User understands and agrees that the Company may review any content on Netrin, and in case the Company finds, in its sole discretion, that the User has violated any of these Terms (especially Clause 9), the Company reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or content from Netrin and/or terminating the registration of such violators and/or blocking their use of the Services.

10.2. The Company shall also be entitled to investigate occurrences that may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

10.3. In order to ensure a safe and effective experience for all the Users, Company reserves the right to limit the amount of data that may be accessed by them in any given time period. These limits may be amended at the Company’s sole discretion from time to time.

10.4. The User acknowledges that in no event shall Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive, or incidental, arising out of or relating to the conduct of any User or anyone else in connection with the use of the Services.

11. Security

11.1. The Company acknowledges that it employs industry standard security protocol to ensure that the information that is stored, transmitted, or transferred through Netrin is protected and the same is hosted on a secure server. However, the Company shall not be held responsible for the loss of content or the information that is being transmitted through Netrin due to any technical issues from other sources. In order to keep the Account safe, the Users are suggested to change the passwords of his/ her account with Netrin periodically.

11.2. Netrin or the User will select a username and password when completing the registration process. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password.

12. Intellectual Property

12.1. Netrin, its technology, computer programs, codes, all information available thereon, images, videos, logos, trade names, domain names, service marks, and other materials on it, including the look and feel of the mobile and web applications (collectively “The Content”), are the exclusive intellectual property of the Company and/or its affiliates. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on Netrin or Netrin’s Products, without express and written approval of the Company shall be a violation of the relevant intellectual property laws.

12.2. The Company respects the intellectual property rights of others (the “Claimant”) whose work might allegedly be infringed by the Company. If the Claimant believes that any material on Netrin infringes upon their copyright, they may notify the Company through an email at contact@netrin.tech

13. Termination

13.1. These Terms shall remain in full force and effect unless and until your Account is terminated as provided herein. Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement.

13.2. User may deactivate his/ her account and end the registration and/or subscription with Netrin at any time, for any reason by sending an email to contact@netrin.tech. The Company may also suspend or terminate your use of Netrin’s Products, your account, and/or registration, at any time, for any breach of these Terms. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications or materials posted or uploaded on to Netrin pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide the Services to the User. Any subscription fee already paid by the User will not be refunded by the Company in the event of such termination.

13.3. The Company further reserves the right to terminate this Agreement or discontinue the Services provided through Netrin or any portion or feature thereof for any or no reason and at any time without liability to you.

13.4. The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.

14. Disclaimer & Warranties

The Content and all Services associated with Netrin are provided to you on an “as-is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to The Content or operation of Netrin or of the Services. You expressly agree that your use of the service and purchase of the Products is at your sole risk. The Company makes no representations, warranties, or guarantees, express or implied, regarding (i) the accuracy, reliability, or completeness of The Content on Netrin or (ii) of the service and products and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. The company engages and employs the best methods to safeguard and protect against viruses, infection, etc, however, despite such best efforts, the company makes no representation, warranty, or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information. The company expressly disclaims any emergency services.

The company is a provider of wearable technologies, algorithm development for physiological and motion monitoring, and interventions for performance improvement in the sports, health, lifestyle & wellness space. The company is not health care or medical device provider, nor should the products, services, or part of the services be considered as medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that the parameters provided by Netrin’s Products and Services are beneficial for performance improvement and to lead a balanced lifestyle, the prevention and recovery process for a wide array of conditions as well as in improving some performance issues, the company makes no claims, representations or guarantees that the products provide a therapeutic benefit. Any health information and links on the products, whether provided by the company or by contract from third parties, are provided simply for your convenience.

Any advice or other materials in the products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials, and information published as part of the products.

The Company tries to protect your data on Netrin, but you agree to upload/keep your data at your own risk. Netrin is not responsible for the misuse of your data by another user or by a third party.

The Company does not guarantee that your data will always be intact or that your data will not be erased or formatted. However, the company shall take necessary precautions to the best of its abilities to safeguard your data without being erased or lost.

The Company does not guarantee that Netrin will always be safe, secure or error-free, or bug-free or that Netrin will always function without disruptions, delays, or imperfections.

The Company is not responsible for the actions, content, information, or data of third parties, and you release the company, the company’s directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

The Company will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with these Terms of Netrin.

In certain jurisdictions, applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to the user. In such cases, the company’s liability will be limited to the fullest extent permitted by applicable law.

The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to you or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web or in connection with the services provided by Netrin.

This limitation of liability is part of the basis of the bargain between you and the company and shall apply to all claims of liability whether direct, indirect, special, incidental, exemplary, punitive, or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement or your use of Netrin or due to specifications, content, or other products and services provided by Netrin, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not you have been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed its essential purpose.

15. Indemnification

If anyone brings a claim against the Company related to your actions, you will indemnify and hold the Company and its affiliates harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses, and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Netrin and is not responsible for any of your actions in using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on Netrin. The Company is not responsible for the conduct, whether online or offline, of you.

16. Additions and Alterations to Terms of Use

16.1. The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting. The Company will inform you of such additions/alterations through e-mails or messages to your Account, notices posted on Netrin, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted on Netrin.

16.2. Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

16.3. Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue the use of the Services immediately.

17. Governing Law, Jurisdiction, and Dispute Resolution

These Terms shall be governed by, interpreted, and construed in accordance with the laws of the Republic of India. User will resolve any claim, cause of action or dispute, or claim to arise out of or relating to these Terms exclusively in the courts of law at Hyderabad, Telangana, or any courts having jurisdiction in an area where a Netrin office is present.

If anyone brings a claim against the Company related to your actions, User Information, or any other information provided by You to the Company, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses, and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Netrin and is not responsible for the User Information you transmit or share on or use on the Website or for any of your actions using the Services. The Company is not and shall not be responsible for Your conduct, whether online or offline, in the dealings with or facilitated by the Company.

18. Vouchers Issued by the Company

The Company also issues various vouchers from time to time. Netrin has the right to refuse the usage of any voucher at any point in time. Vouchers that have expired cannot be used. Netrin can at any time ask the User for proof of having received the voucher. Vouchers can be used only on specific orders as deemed fit by Netrin. Applicability of vouchers on certain items, on specific orders, or on specific dates or occasions are at the discretion of the Company. Vouchers cannot be clubbed with any other special offer on Netrin, unless expressly otherwise stated. The vouchers cannot be transferred to any other User.

19. Miscellaneous

19.1. These Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect.

19.2. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for the mere convenience of the User.

19.3. All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

19.4. The Company reserves the right to research and publish general user behavior and data categorized at its discretion.

19.5. By using Netrin and these Terms, You agree to receive an account and feature e-mails, calls, and messages from the Company.

19.6. Netrin uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of Netrin, research and development, and User administration. In the course of serving advertisements or optimizing Services to You, Netrin may allow authorized third parties to place or recognize a unique cookie on Your browser. The Company does not store personally identifiable information in the cookies.