User Agreement and Terms & Conditions - www.goaktive.com


Note! You are concluding a legally binding agreement.

 

Blackfyre Technologies Private Limited operating under the brand name ‘GoAktive’ is an online platform accessible via our website at www.goaktive.com (the “Website”).


By accessing, viewing, downloading or otherwise using any web page or feature available through the Website, any information provided by the Website, or any related emails, newsletters or services (collectively, the “Services”), you conclude a legally binding agreement with Blackfyre Technologies Private Limited, having its registered office at 1/4 Bawali Mondal Road, Kolkata – 700 026, West Bengal, India (the “Company” or “we” or “Us”) based on the terms and conditions contained in this Website User Agreement (this “User Agreement”) and become a user of the Website (“You” or “User”).


If You are using the Website on behalf of a company or other legal entity, such entity may have a separate agreement with us, but You are nevertheless individually bound by this User Agreement. If You do not want to become a User and do not conclude this Agreement, do NOT access, view, download or otherwise use any of the Website’s web pages, information or Services.

We encourage You to read this User Agreement with great care in order to participate with the Company as a User in the development of our quality Services. By becoming a User, You acknowledge that You have read and understood the terms and conditions of this User Agreement and that You agree to be bound by all of its provisions. 

 

  1. Compliance: You must comply at all times with all applicable laws, this User Agreement, as may be amended, and the Company’s privacy policy (the “Privacy Policy”).
  2. Center: A ‘Center’ refers to any of the Company’s suppliers, establishments or service providers, and includes but is not limited to health clubs, gymnasia, yoga centres, swimming pools, dance studios/classes, aerobics studios/centers, crossfit centers, martial arts classes/centers, physiotherapy centers, weight loss centers, spa, massage facilities, swimming facilities and establishments offering water based activities, sports facilities and coaching centers, wall & rock climbing facilities, indoor cycling facilities and outdoor fitness activities (for individuals/groups).
  3. Activity: An ‘Activity’ refers to any of the various activities offered on the Website by various Centers, including but not limited to general  workouts, yoga, kick & fit, gymswym, among others.
  4. Membership: Primarily, the Company via the Website offers to its customers different types of membership with several Centers for various Activities subject to limitations on different fronts, including but not limited to number of sessions of usage, time per session, validity period of the memberships (each, a “Membership”). The Company may discontinue the Membership Services and/or offer other Services from time to time at its sole discretion. To purchase one or more Memberships, You should select the appropriate Activity and the desired Membership(s) from the options available on the relevant Center’s page on the Website. Each Membership is subject to its respective specific terms and conditions (including kick off date, cancellation conditions and charges, activity schedule, hours of operation, floor size, trainer count, unique selling proposition and amenities) available for Your review prior to completing purchase of the Membership (“T&C”). Every Membership and its information listed on the Website shall be posted only upon receipt of confirmation of the T&C as agreed with the relevant Center. In case one or more Centers seek any changes to the respective T&Cs, the same shall be communicated on the Website (and to You, if You have already purchased the said Membership(s)); however, the said changes shall not affect the price at which You purchased the said Membership(s). Any holidays declared by a Center after You have purchased its Membership(s) shall be communicated to You immediately upon receipt of the same from the said Center. The T&C of all Memberships available to You on the Website from time to time are incorporated into this User Agreement by reference.
  5. Business Model: The Company and the Website is an agent of each Center with respect to the said Center’s Membership(s) sold to You via the Website. The invoice for each purchase made on the Website shall be raised by the Company, and shall include any and all applicable taxes, including service tax, as per applicable law.

 

  • License and Warrant Your Submissions: 

 

  1. As a User of the Services, the Website may give You the option of submitting ratings,  ideas, opinions, concepts, techniques, data, thoughts, User generated content or any other information of whatsoever nature to us (collectively, the “Content”). While You are not mandated to submit Content, if You choose to submit any Content to us, You must grant, and You actually grant by concluding this User Agreement, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, any Content that You submit to us, without any requirement of further consent, notice and/or compensation to You or to any third parties. By submitting any Information to us, You represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform the Website in the event that any such Content has changed since Your submission of the Content with the Website and, if appropriate, You agree to make such modifications Yourself, and that the Company and/or the Website shall not be responsible for the consequences thereof.
  2. The Website exercises no control over any Content You or others submit while using the Website. The Website has no obligation to verify the identity of any Users when they are connected to the Website or to supervise any Content that has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through the Website in the Privacy Policy and that we may update the Privacy Policy from time to time at our sole discretion. Should You believe that Your Content is being misused by anyone, You must immediately inform the Website.
  3. If You opt to register on the Website, prior to so registering, You must consider and decide by Yourself the extent to which You wish to reveal information about Yourself to the community of Users and to the Website and You must not communicate to the Website and the Users any information, the dissemination of which could be harmful to You. You own all of the Content You post on the Website. For Content that is covered by any intellectual property rights (“IP Content”), including but not limited to, photos and videos, You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property in the IP Content that You post on or in connection with the Website. These rights end when You delete the IP Content or Your account from the Website, unless the IP Content has been shared with others, and they have not deleted it. When You delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, You understand that removed IP Content may persist in backup copies for a reasonable period of time (but will not be available to others).
  4. When You publish Content, it means that everyone, including people not on the Website, may have access to the Content and we may not have control over what they do with the Content. We always appreciate Your feedback or other suggestions about the Website, but You understand that we may use them without any obligation to compensate You for them (just as You have no obligation to offer Your feedback or other suggestions).

 

  • Registration:

 

  1. When You register with the Website to become a User and set up Your account, You agree that all information provided to the Website upon registration and at all other times will be true, accurate, current and complete.
  2. You agree to not use the account, username, or password of another User at any time or to disclose Your password to any third party. You agree to notify the Website immediately if You suspect any unauthorized use of Your account or access to Your password. You are solely responsible for any and all use of Your account.
  3. If You become a User, You consent to the use of: (a) electronic means to complete these terms & conditions, and to provide You with any notices given pursuant to these terms & conditions as per this User Agreement; and (b) electronic records to store information related to these terms & conditions or Your use of the Services.

 

  • Service Eligibility: You represent and warrant that You (a) are not under the age of 18 (b) have not previously been suspended or removed from the Website; (c) are not a direct competitor of the Website; (d) do not have more than one Website account at any given time; and (e) have full power and authority to enter into this User Agreement and in doing so will not violate any other agreement to which You are a party. You also understand and agree to ensure that if an end user of the Membership(s) purchased by you is less than eighteen (18) years of age during the term of the Membership(s), the said end user shall be accompanied by a person over the age of eighteen (18) years when availing services under the Membership(s). In addition, You must provide all equipment and software necessary to connect to the Website, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.

 

  • Keep Your Password Secure: Keep Your password confidential, do not use other Users’ accounts and do not let others use Your account; You are responsible for anything that happens through Your account - until You notify us of a breach, close down Your account or prove that Your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring Your Website account or any information therein to another party or charging anyone for access to any portion of the Website, or any information therein.

 

  • Indemnify us: You have to indemnify Us and hold Us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) any activity in which You engage on or through the Website; and/or (b) Your failure to comply with this User Agreement, including, without limitation, Your submission of Content that violates third party rights, Your representations in this User Agreement and/or applicable laws. You agree that by using the facilities at any Center, You bear all risk and You agree to release the Website (and the Company and its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website, and/or Your transportation to or from, attendance at, or the actions of You or other persons at, any Center. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

 

  1. Website Sections:  The Website currently has the following sections: _______________.

 

  1. Homepage : http://goaktive.com
  2. Blog: http://goaktive.com/blog/
  3. Partners: http://goaktive.com/partners
  4. Press: http://goaktive.com/press
  5. About Us: http://goaktive.com/about-us
  6. Contact Us: http://goaktive.com/contact-us
  7. Careers: http://goaktive.com/careers
  8. Cancellation Policy: http://goaktive.com/cancellation-policy
  9. Privacy Policy: http://goaktive.com/privacy-policy
  10. Terms & Conditions: http://goaktive.com/terms-conditions

 

All data/audio/video content viewed at, or downloaded from, the Website and/or any third party website on which the Website content is hosted by the Company, is intellectual property of the Company or the respective owner thereof, and it is illegal for You or at Your instructions to make copies of, resell, redistribute and/or republish any of the said content. You understand and agree that the terms and conditions listed in different sections of the Website are deemed to be part and parcel of this User Agreement.

 

  • Payment Terms: If You subscribe to any Services that the Website offers for a charge, You undertake to pay the applicable fees therefor within their due dates, plus any and all related taxes. You also undertake to reimburse us for any collection costs and interest incurred by the Website and/or the Company for any overdue amounts from You. Further, You understand that if a Center requires You to pay any fee/other amount to the Center separate and apart from the fee for Membership that You pay on the Website, the relevant details shall be contained in the specific terms and conditions on the Website applicable to  the Center, and You undertake to pay such fee/other amount to the Center separately, and that the Company and/or the Website shall have no liability whatsoever in this regard.
  • Disclaimer: Neither the Company nor the Website guarantees, under this User Agreement, that a User’s or any third party’s expectation from any Center(s) with respect to the Activities will be fulfilled. The Company and/or the Website shall not be liable to You or to any other person whosoever if You and/or such other person(s) incur any damages, losses, liabilities, injuries or one or more of them as a result of the purchase of one or more Membership(s) from the Website, whether performed in a correct manner or not. The disclaimer of liability contained in the preceding sentence shall apply to any third person who uses the Membership(s) purchased by You. 
  • Notify us of acts contrary to this User Agreement: If You believe that You are entitled or obligated to act contrary to this User Agreement under any mandatory laws, You agree to provide us with a detailed prior written notice of at least thirty (30) days before You act contrary to this User Agreement, in order to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation or cancel Your Membership(s) as per this User Agreement.
  • Mobile Services: The Services or portions thereof may be available via Your mobile phone or accessible on Your mobile phone through a downloadable application (“Mobile Services”). You agree that we may communicate with You regarding Mobile Services by short messaging service, multimedia messaging service, text message or other electronic means to Your mobile device and that certain information about Your usage of Mobile Services may be communicated to us. In addition, use of Mobile Services may cause icons and data to be displayed on and through Your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate Your mobile device with new information. By using Mobile Services, You hereby explicitly agree to accept the Mobile Services as described herein. Use of Mobile Services may result in charges imposed by Your mobile phone service provider and You will solely be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, You should check with Your carrier to find out if Mobile Services are available for Your mobile devices, and what restrictions, if any, may be applicable to Your use of such Mobile Services. Finally, by using any downloadable application to enable Your use of Mobile Services, You are explicitly confirming Your acceptance of the terms of the Mobile End User License Agreement provided at download.
  • Privacy: You should carefully read the Privacy Policy before deciding to become a User of the Website. Please note that certain information, statements, data and content (such as photographs) which You may choose to provide might, or are likely to, reveal Your gender, ethnic origin, nationality, religion and/or sexual orientation, and that You are providing all such information, statements, data and content in full acknowledgment thereof and under Your sole responsibility. By providing such information to us, You are hereby expressly giving Your informed consent to the processing by us of all the data.
  • Export Control: Your use of the Services on the Website, including the Website’s software, may be subject to export and re-export control laws and regulations. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or Service to any third party without obtaining any required authorizations from the appropriate government authorities, if applicable.
  • Events: Centers and/or other Users/third parties, may host physical meetings (each, an "Event”). The Website may, at the Company’s sole discretion, reject or edit a pending or published Event listing. Events occur at various venues that include, but are not limited to, public parks, private homes or private enterprises. We do not supervise these Events and are not involved in any way with the actions of any individuals or entities at these Events. As a result, we have no control over the identity or actions of the individuals who are present at these Events, and we request that Users exercise caution and good judgment when attending these Events. You agree that by attending any such Event(s) You bear all risk and You agree to release the Website (and the Company and its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website, our resolution of any disputes among users, and/or Your transportation to or from, attendance at, or the actions of You or other persons at, any Event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. As such, the Website urges its Users to use caution and exercise good judgment when attending an Event or paying a fee for an Event.
  • Rights: On the condition that You comply with all Your obligations under this User Agreement, we grant You a limited, revocable, nonexclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on the Website’s web pages as we intend the information to be used, and only in accordance with this User Agreement and any specific terms of use that we make available to You. You may submit Content to us at Your own risk of loss per the terms of this User Agreement. We grant You no other rights, implied or otherwise. If You collect information from other Users, You hereby make it clear that You will obtain their consent, make it clear that You, and not the Website, are collecting their information, and post Your privacy policy explaining what information You collect and how You will use it.
  • Company’s Rights and Obligations: As long as the Website continues to offer the Services, the Website shall provide (and seek to update, improve and expand, in similar and different new ways) the Website and the Services through the Website’s proprietary tools, rules and protocols which the Website may update, improve, discontinue and change at any time, at the Website’s sole discretion. Any other use by You of the Website (such as using the Website as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this User Agreement. We allow You to access the Website as it may exist and be available. We have no other obligations, except as expressly stated in this User Agreement. We may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or to modify prices for the Services. All of these changes shall be effective upon their posting on the Website and/or by email communication to You. We reserve any and all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Website and all related items, including but not limited to, the registered trade mark and logo for “GoAktive”. You may not modify or use any of our rights described in the preceding sentence, without the Company's express prior written consent. The Website reserves the right to withhold, remove and or discard any of Your Content, with or without notice. For avoidance of doubt, the Website has no obligation to store, maintain or provide You a copy of any Content that You or other Users provide when using the Services. The Website may include or automatically produce links to third party web sites (“Third Party Sites”). The Website is not responsible for and does not endorse any advertising, products or other materials on or available from Third Party Sites. The Website may also include 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"). If You decide to leave the Website and access Third Party Sites or to use/install any Third Party Content, You do so at Your own risk and You should be aware that this User Agreement, the Privacy Policy and other terms and conditions of the Website no longer govern Your actions. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which You navigate from the Website or relating to any applications You use or install from any Third Party Site. You acknowledge and agree that we may send You important information and notices regarding the Services by email or through other means, including mobile devices. You acknowledge and agree that we shall have no liability associated with or arising from Your failure to maintain accurate contact or other information, including, but not limited to, Your failure to receive critical information about the Services. You acknowledge, consent and agree that we may access, preserve, and disclose Your registration and any other information You provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this User Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to Your requests for customer service; or (e) protect the rights, property, or personal safety of the Website, the Website affiliates, its Users and the public in general. You are solely responsible for Your interactions with other Users. The Website reserves the right, but has no obligation, to monitor disputes between You and other Users and to terminate Your account if the Website determines to do so, in its sole discretion.

 

  • ANY INFORMATION WITH RESPECT TO CENTERS/THIRD PARTIES CONTAINED ON THE WEBSITE, OR ITS CONTINUATION IS PROVIDED BY THE SAID CENTERS/THIRD PARTIES. WE PROVIDE THE WEBSITE AND ALL INFORMATION AND SERVICES CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS.


TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE WEBSITE OR ANYTHING RELATED TO THE WEBSITE, YOU MAY LEAVE THE WEBSITE AND TERMINATE THIS USER AGREEMENT IN ACCORDANCE WITH ITS TERMS AND CONDITIONS AND ANY TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

THE WEBSITE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MESSAGES, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE WEBSITE TO ANYONE. IN ADDITION, THE WEBSITE DOES NOT REPRESENT AND/OR WARRANT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.


THE WEBSITE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS; THEREFORE, THE WEBSITE DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

 

THE WEBSITE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE TEMPORARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. THE WEBSITE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, THE WEBSITE DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER(S), TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO THE WEBSITE.

 

  1. Limitation of Liability: The Website, the Company and/or any of their subsidiaries, affiliated companies, employees, shareholders, or directors (the “Website Affiliates”) shall NOT be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to You or any third person arising from Your use of the Service, any platform applications or any of the materials on, accessed through or downloaded from the Website, including but not limited to, the Exercise Videos, even if the Website is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:

·                apply regardless of whether You base Your claim on contract, tort, statute or any other legal theory we knew or should have known about the possibility of such damages, or whether the limited remedies provided herein fail of their essential purpose; and

·                not apply to any damage that the Website Affiliates cause to You intentionally or otherwise in violation of this User Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this User Agreement.

 

23.Termination: 

 

  1. You may terminate this User Agreement with or without any cause, at any time, with notice to the Website that shall be effective upon the Website processing such notice. The Website has the right to terminate this User Agreement with or without any cause, including for Your non-compliance with any of Your obligations under this User Agreement, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, Your access to any Services may be terminated by the Website or by You. Termination of Your Website account includes disabling Your access to the Website (including any Content You submitted or others submitted) and may also bar You from any future use of the Website. In furtherance and without limiting the foregoing, the Website has adopted a policy of terminating, in appropriate circumstances and at the Website’s sole discretion, Users who are deemed to be repeat infringers under applicable intellectual property laws. The Website may also, at its sole discretion, limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

  1. Consequences of Termination. Upon termination, You will lose access to the Website. Terms of this User Agreement, which by their nature should survive termination of this User Agreement, shall survive any such termination. [NEED TO UPDATE REFUND POLICY FOR TERMINATION OF AGREEMENT]

 

24.Choice of Laws; Venue; Waiver of Jury Trial: This User Agreement is governed by the applicable laws of India. In the event any dispute arises out of this User Agreement between You on one hand and the Website, the Company or any Website Affiliate on the other, the parties agree that the venue for any dispute, including any dispute where the citizenship of the parties is diverse, will be solely and exclusively in the appropriate Courts of Kolkata, West Bengal. 

 

25.Enforcement Costs: In the event any disputes arise out of this User Agreement, including but not limited to litigation, mediation, arbitration or those otherwise involving legal counsel, the prevailing party will be entitled to recover reasonable legal fees, expenses and court costs through appeal and final judgment on all issues in addition to any other relief to which the party may be entitled.  In no event will You continue litigation for the sole purpose of recovering enforcement costs, unless the enforcement costs exceed written settlement offers or orders at the time that each offer is made or order is entered.

 

26.Headings; Universal Person.  Headings are included in this User Agreement for convenience only, not to give any greater weight or significance to, or otherwise limit or affect, the meaning of any word, phrase, sentence, paragraph or other clause in this User Agreement.  Unless otherwise expressed in this User Agreement, bolded, italicized or underlined letters, numerals, or characters have no greater significance than plain text letters, numerals, or characters.

 

27.Time is of the Essence.  Time is of the essence with respect to every duty expressed in this User Agreement; all duties and the passing of all deadlines set forth in this User Agreement are material terms of this User Agreement.

 

28.Severability: If any provision of this User Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of this User Agreement.

 

29.Notices: The Website may notify You via postings on the Website, and via email or any other means of communication You provide in Your contact information on the Website. You may notify the Website via email at hello@goaktive.com or by mail/courier to Blackfyre Technologies Private Limited, Attn: Legal Department, Blackfyre Technologies Private Limited, 1/4 Bawali Mondal Road, Kolkata – 700 026, West Bengal, INDIA; provided that any notices that You provide without compliance with this Section on Notices shall have no legal effect.

 

30.Entire Agreement: You agree that this User Agreement constitutes the entire, complete and exclusive agreement between You and the Website regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this User Agreement.

 

31.Amendments: The Website reserves the right to modify, supplement or replace the terms of this User Agreement, effective upon posting on the Website or notifying You otherwise. If You do not want to agree to any change to this User Agreement, You can terminate this User Agreement at any time per Section 19 hereof.

 

32.No informal waivers, agreements or representations:  The Website’s failure to act with respect to a breach by You or others does not waive the Website’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Website Affiliate shall be deemed legally binding on any Website Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of the Website.

 

33.No Injunctive Relief: In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

 

34.Beneficiaries: The Website Affiliates are not parties, but intended third party beneficiaries of this User Agreement, with a right to enforce this User Agreement directly against You.

 

35.Assignment and Delegation: You may not assign or delegate any of Your rights or obligations under this User Agreement and any purported assignment and delegation thereof shall be void ab initio. The Website may freely assign or delegate all its rights and obligations under this User Agreement, fully or partially. The Website may also substitute, by way of unilateral notations, effective upon notice to You, the Company for any third party that assumes the Website’s rights and obligations under this User Agreement.

 

36.Reverse Engineering, Decompilation: In case You download anything provided by the Website, You may not reverse engineer, decompile, or disassemble the same, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and only after the Website has failed to provide the necessary information and data for allowing to establish interoperability with third party hardware or software after Your written request within an adequate timeframe.

 

37.Right of Revocation: The Website reserves the right to terminate Your Membership(s) for failure to pay for the Services, where applicable, and also reserves the right to change the benefits and fees associated with any Service(s), with or without notice, at any time. In the event of a valid cancellation, You shall be obliged to restore to the Website any benefits already received in accordance with legal provisions, and issue any gains. If You are unable to, or partially unable to, restore the benefits, or only able to restore them in poor condition to the Website, then You will be obligated to reimburse the Website for the corresponding value, within thirty (30) days of termination.

 

38.User DOs & DON’Ts: As a condition to access the Website, You agree to strictly observe the following DOs and DON’Ts:

 

  1. Dos: You undertake to

·       comply with all applicable laws, including, but not limited to, tax laws, export control laws and regulatory requirements;

·       provide accurate information to the Website and update it as necessary;

·       review the Website’s Privacy Policy;

·       review and comply with notices sent by the Website concerning the Website; and

·       keep Your contact information on the Website, if any, accurate and up-to-date.

 

  1. DON’Ts: You undertake that You will not do any of the following:

·       Host, display, upload, modify, publish, transmit, update or share any information that:

Ø  belongs to another person and to which You do not have any right;

Ø  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;

Ø  harm minors in any way;

Ø  infringes any patent, trademark, copyright or other proprietary rights;

Ø  violates any law for the time being in force;

Ø  deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

Ø  impersonates another person;

Ø  contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

Ø  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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

·       Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit the Website (excluding Content posted by You) except as permitted in this User Agreement;

·       Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Website, or any part thereof;

·       Utilize information, content or any data You view on and/or obtain from the Website to provide any service that is competitive, in the Website’s sole discretion, with the Website;

·       Adapt, modify or create derivative works based on the Website or technology underlying the Services, or other Users’ content, in whole or part;

·       rent, lease, loan, trade, sell/re-sell access to the Website or any information therein, or the equivalent, in whole or part;

·       Access, reload, refresh or make any other request to transactional servers more than once during any three second interval;

·       Use manual or automated software, devices, scripts robots, or other means or processes to access, scrape, crawl or spider any web pages contained in the Website;

·       Use automated methods to add contacts, send messages or other permitted activities;

·       Access, via automated or manual means or processes, the Website for purposes of monitoring its availability, performance or functionality or for any competitive purpose;

·       Engage in framing, mirroring, or otherwise simulating the appearance or function of the Website;

·       Attempt to or actually access the Website by any means other than through the interface provided by the Website;

·       Attempt to or actually override any security component included in or underlying the Website;

·       Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;

·       Remove any copyright, trademark or other proprietary rights’ notices contained in or on the Website, including those the Website and/or any of its licensors or Website Affiliates;

·       Remove, cover or otherwise obscure any form of advertisement included as part of the Website;

·       Use any information obtained from the Website to harass, abuse or harm another person;

·       Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from the Website except as expressly permitted in the User Agreement or the owner of such information may expressly permit;

·       Interfere with or disrupt the Website, including but not limited to any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

·       Upload a cartoon, symbol, drawing or any content other than a photograph of Yourself in Your profile photo;

·       Use or attempt to use another's account without authorization from the Website and/or the Company, or create a false identity on the Website; share Your password; let anyone else access Your account; do anything else that might jeopardize the security of Your account;

·       Transfer Your account on the Website to anyone without obtaining the Website’s prior written permission;

·       Infringe or use the Website’s brand, logos and/or trademarks, including, without limitation, using the word “GoAktive” and/or any derivative thereof in any business name, email, or URL or including the Website’s trademarks and logos on any other website without authorization (If You select a username for Your account we reserve the right to remove or reclaim it if we believe appropriate, such as when a trademark owner complains about a username that does not closely relate to a user's actual name);

·       Upload, post, email, transmit or otherwise make available or initiate any content that:

Ø  falsely states, impersonates or otherwise misrepresents Your identity, including but not limited to the use of a pseudonym, or misrepresenting Your current or previous positions and qualifications, or Your affiliations with a person or entity, past or present;

Ø  is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

Ø  contains, encourages, advocates, or expresses obscenity, child pornography, the making or buying of illegal weapons or illegal drugs, hatred, bigotry, racism, vulgarity, gratuitous violence or the use of weapons; 

Ø  includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is no field provided by the Website;

Ø  includes information that You do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Ø  includes anyone's identification documents or sensitive financial information;

Ø  infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

Ø  includes any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

Ø  contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of the Website or any User of the Website; and/or

Ø  forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication transmitted through the Services;

·       add to a content field content that is not intended for such field (i.e. submitting a telephone number in the ‘title’ or any other field), participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices;

·       engage in unlawful marketing, including multi-level marketing, such as a pyramid scheme;

·       advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions;

·       offer any contest, giveaway, sweepstakes or any other types of promotion (the “Promotion”) on the Website without the Website’s prior written consent; provided that If the Website/Company gives its consent, You take full responsibility for the Promotion, and will follow our guidelines for Promotions and all applicable laws;

·       use the Website to do anything unlawful, misleading, malicious, or discriminatory; and/or

·       access restricted, password-only, or hidden pages or images (those not linked to or from another accessible page) support or help any unlawful and/or illegal activity or organization.

 

  1. Claims Regarding Copyright Infringement:  

 

a.The Company has designated an agent (the “Copyright Agent”) to receive notices of claimed copyright infringement. If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent the following information:

·       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·       A description of the copyrighted work that You claim has been infringed;

·       A description of where the material that You claim is infringing is located on the Website;

·       Your address, telephone number, and e-mail address;

·       A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

·       A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

 

The Copyright Agent for notice of claims of copyright infringement can be reached as follows:


Attn: Mr. Abhinav Somani, re: Copyright, Blackfyre Technologies Private Limited, 1/4 Bawali Mondal Road, Kolkata – 700 026, West Bengal, INDIA..


Upon receipt of the written notification containing the information as outlined above, the Website may:

·       remove or disable access to the material that is alleged to be infringing;

·       forward the written notification to such alleged infringer; and/or

·       take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

 

b.Counter-Notification: If You are an alleged infringer, and You believe that a notice of copyright infringement has been wrongly filed against You, You may file a counter-notification in response to the claim of copyright infringement with the Copyright Agent. To be effective, a counter-notification must be a written communication provided to the Copyright Agent including the following information:

·       A physical or electronic signature of the alleged infringer;

·       Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

·       A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

 

You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.