Terms of Service

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the https://www.atulyabharatrun.com hence forth mentioned as ABR. You are only authorized to use the ABR website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully before using this website. By registering on, accessing, browsing, downloading or using the ABR website for any general purpose or for the specific purpose of availing any Service, you agree, automatically and immediately to be bound by this Agreement as well as by any the service specific terms and conditions applicable to each Service, whether you are a “Visitor” (which means that you simply browse the ABR site) or you are a “Member” (which means that you have registered with ABR). The term “User” refers to a Visitor or a Member. Subject to your compliance with this Agreement, you may print these terms of use or save a copy of these terms of service for your own personal and non-commercial use. If you do not agree with any of these terms, you may not access, browse or use the ABR site and immediately terminate your availing of the ABR Services. If you wish to become a Member, communicate with other Members and make use of the ABR Services, you must read this Agreement and indicate your acceptance during the Registration process.

The term ‘authorized user’ would include any person, whether an individual or a legal entity who has subscribed to the services of ABR, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by ABR or chosen by the user or agreed upon by ABR.

ABR will not be responsible for any costs, consequences or damages caused to any persons or entities due to any unauthorized use of the services offered by ABR, including access of the said services by an unauthorized user using the user name and password of an authorized user, regardless of whether such unauthorized user is known to the authorized user.

The terms ‘service’ or ‘services’ would mean to include the interactive online solutions & information services offered by ABR on the internet/mobile through which the user may access information carried by ABR in the database maintained by it.

You agree not to copy, sell, resell, duplicate any part of ABR services & solutions for commercial purposes.

These Terms of Service sets out the legally binding terms of your use of ABR and your membership in ABR and may be modified by ABR at any time and without prior notice, such modifications to be effective upon posting by ABR on the website. Your continued access or use of the Site and/or the Services after the Terms of Services have been revised constitutes your express consent to the modified Terms of Services. In the event of any inconsistency between our Privacy Policy and these Terms of Service, the Terms of Service shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

Eligibility

ABR services are available to all individuals who are at least 18 years of age. Individuals under the age of 18 may access and use the site, they shall do so only with the involvement and guidance of their parents and or legal guardians. In all such instances their parents and or legal guardians will be held responsible for all the terms of this agreement. By registering with ABR you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services. ABR has the right, in its sole discretion, to suspend or terminate your use of ABR services and refuse any and all current or future use of all or any portion of ABR’s services.

Service

ABR provides a platform which hosts virtual fitness event across the globe. Following are the types of Service offered by the ABR

1. Event Hosting: In this service event organizers can organize and host their events. Authorised event organizers can view statistics of the event they hosted including statistics on user registrations and data submitted
2. Event Viewing and Registration: Registered members can view different events hosted on the ABR website. If a member is interested to register for the event, he/she can do so by clicking on registration link. Any terms specific to the event including event fee, rules etc. will be mention in the event details section.
3. Event Participation:
   • Data submission: To participate in any of the fitness event, the registered member has to submit his/her activity. The data submission is either manual or automatic. Read more about data submission here and privacy policy here.
   • Flag runs: In certain events registered members have functionality of flagging suspicious runs from other users.
4. Event Reports: Unless specified, all the event results are published as reports on ABR. These reports are publically available

Attending Events

ABR is not legally responsible or liable for

1. Cancellation/postponement of events done by the Organizers in case ABR is not the event organizer.
2. Any damage or injury of any sorts caused by attending events. Members who participate in the event are fully aware of any risks involved in the event.
3. Hydration or medical support during the event
4. If the participant does not take necessary precautions for Covid-19

Shipment & Delivery

In case member of ABR has registered for an event which entitles him/her for gratifications like Medal or T-shirt, the below policy will apply

1. The exact details of gratification and criteria to be eligible for the gratification will be available on the specific event details page
2. The details of gender, size and delivery address is captured at the time of registration and can also be updated in the profile section after the registered member signs in
3. The size and address once chosen can only be changed before the shipment of the gratifications. In case T-shirt size or address is to be changed after the shipment of the articles then the participant/member will have to bear the cost of reshipment on actual cost basis. In such cases participant/member can write to support@atulyabharatrun.com

Payment and Fees

Registration and profile creation at ABR is free of charge and is open to all.

1. Event Hosting: The organizers can get in touch with support@atulyabharatrun.com to get a transactional cost of organizing the event. The cost of hosting an event will vary and depend on multiple factors like format, duration etc
2. Registration and profile creation: Registration at ABR, creating profile and data submission is offered free of charge to users.
3. Event catalogues: Event catalogues is a free information publicly available
4. Event Participation: Event participation is chargeable. Each event when launched will have its participation fee publicized. Applicability of discount vouchers, early bud discounts will be clearly mentioned on registration page of every event. All the applicable taxes and charges are clearly mentioned in the receipt of the payment done by the participant.
5. Event Reports: Event reports are publically available for events unless specifically specified for events

ABR uses payment gateway services from “RazorPay” and does not request nor maintain any database of financial information of participants.

Warranty of the organizer

In case of Event hosting services, the organizer warrants to ABR, that

1. There is no agreement between the organizer and a venue, or the owner or user of a venue, or a third party, which affects the organizer’s use of the ABR-website in accordance with these terms
2. The organizer is allowed to enter into this agreement with ABR, including the right to authorize ABR in accordance to these terms to act as an agent and to sell tickets for events of the organizer.
3. The organizer takes responsibility that he has all the necessary approvals for organizing the event within the chosen region , nothing prohibits organizer from doing the event. If any situation changes, he or she will inform ABR immediately. The organizer will hold ABR indemnified for any losses arising out from his failure to take necessary approvals for organizing the event.

Duties of the organizer

The organizer has the duty to inform ABR immediately about unavailability or malfunctions of the ABR.

The organizer has the obligation to inform ABR immediately about every change of his name, company name, address, legal form or bank details in written form or via e-mail. The organizer shall not use the ABR for illegal or immoral events such as political or religious extremism, pornographic, or violent events.

The organizer shall not use the ABR to upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; The organizer and/or organizer’s event will not contain and/or promote any sexually explicit or sexually suggestive content, including pornographic material, “adult friend finders” or dating sites with a sexual emphasis, “adult” toys or sexually explicit videos; The organizer and/or organizer’s event will not contain and/or promote any way of provision or selling of drugs or prohibitive substances; The organizer shall not use the ABR to harm minors in any way; The organizer shall not impersonate any person or entity, including, but not limited to, an ABR representative, forum leader, or falsely state or otherwise misrepresent its affiliation with a person or entity; The organizer shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;

Right to Terminate

You agree that ABR, in its sole discretion, for any or no reason, and without penalty, may terminate this agreement. ABR may also in its sole discretion and at any time discontinue providing access to the services, or any part thereof, with or without notice, if the organizer has contravened against important provisions of these terms; or the organizer has filed for bankruptcy, insolvency proceedings have been started or the start of the insolvency proceedings has been dismissed in default of assets; or circumstances occur that the organizer cannot fulfil his contractual obligations against ABR or third parties in default of assets, and “in addition” the organizer gives no proof of sufficient assets within 30 days after request by ABR to do so.

Ticket Buyer Terms

The price payable for the registration of event is as set on the event details page. The confirmation of event registration is immediately confirmed after successful payment of the event fee. In case of any discrepancy, or delay in getting confirmation despite payment deducted from your account, you can write to us support@atulyabharatrun.com within 24 hours of payment.

Confirmation of payment and event registration is also communicated to participants registered email id. It is sole responsibility of the participant to ensure correct email is mentioned in his/her profile.

Event participation is subject to the Rules and Regulations of the Event. Full details are available for every event is available at the event details section. Breach of any of these Rules and Regulations or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle the ABR to eject you from the event.

Event registrations may be restricted to a maximum number per person, per credit card and, for some events, a restriction may apply per household. We reserve the right to cancel tickets without prior notice purchased more than this number.

By agreeing to ABR’s terms, you are also agreeing to RazorPay terms and conditions as well. ABR is not liable for the way data is handled by RazorPay.

General Terms

Advertising Material ABR would not be held liable for any inappropriateness of the advertisement contents due to the dynamic nature of web, invisible/hidden contents, error, omission or inaccuracy in printed or digital form. ABR reserves the right to remove and/or reposition the advertising material. Safe Harbour Any statements contained within the Site concerning ABR’s future prospects are forward-looking statements which involve a number of risks, uncertainties and other factors that could cause actual results to differ materially from those that may be projected by these forward-looking statements. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the site.

Intellectual Property Rights

You agree that ABR owns all rights to the code, databases, visual-design and layout of the Service. Except for the limited licenses expressly granted to you under this Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this Agreement, either expressly, or by implication, estoppel or otherwise. You may access the site solely as intended through the provided functionality of the Service and as permitted under this Agreement and shall at all times abide by the terms set forth herein.

ABR claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

You may not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service.

You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of ABR.

You may not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the prior written permission of ABR.

You may not alter, deface, mutilate or otherwise bypass any approved software through which the Services are made available.

You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the site designed to control the manner in which the ABR services are used, harvest or mine content from ABR, or otherwise access or use the website in a manner inconsistent with individual human usage.

You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the ABR Service, including any Service content available on or through the website, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the authorized features of ABR, or by law, or otherwise attempt to use or access any portion of the website other than as intended by ABR.

You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including ABR ‘s employees and other users.

You agree not to provide any false personal information to ABR or any other user, or create a false identify or impersonate another person or entity in any way.

You agree not to solicit, or attempt to solicit, personal information from other users. You agree not to restrict, discourage or inhibit any person from using ABR, disclose personal information about a third person on the website or obtained from the website without the consent of such person, or collect information about users.

You agree not to gain unauthorized access to the ABR websites, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services.

You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services. You agree not to interfere with or disrupt the ABR websites, or networks or servers connected to the Services, or violate the regulations, policies or procedures of such networks or servers.

You agree not to violate any applicable laws and/or regulations or this Agreement.

You agree not to assist or permit any persons in engaging in any of the activities described above.

Information Disclosure

To the extent required or permitted by law, ABR may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

Disclaimer of Warranties

You understand and agree that the ABR services are provided on an “AS IS” and “AS AVAILABLE” basis and that to the fullest extent permitted by law, ABR excludes all representations and warranties relating to this website and its contents including in relation to any inaccuracies or omissions in this website and/or the ABR’s literature; and excludes all liability for damages arising out of or in connection with your use of this. ABR does not warrant that its websites will operate error-free or free of computer viruses or mal-functioning or harmful mechanisms. All the contents of website are only for general information or use. Such information does not constitute advice and should not be relied upon in making or derived decisions. Any specific advice or replies to queries in any part of the website are the personal opinion of users and are not subscribed to by ABR. This website assumes no responsibility for the accuracy or existence of any communications between users. ABR expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised ABR of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

ABR makes no warranty that the services will meet your requirements, service will be uninterrupted, timely, secure or error-free. Certain links on website lead to resources located on servers maintained by third parties over whom ABR has no control or connection, business or otherwise as these sites are external to this website you agree and understand that by visiting such sites you are beyond this website. ABR therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites. Use caution and common sense when using the Service.

Any material downloaded or otherwise obtained through the use of this website is done at your discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability

You agree that ABR shall, in no event, be liable for any consequential, incidental, indirect, special, punitive or other loss or damage whatsoever or for the loss of business profits, business interruptions, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use this website, even if ABR has been advised of the possibility of such damage. ABR will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website. The service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that ABR shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the ABR. You further acknowledge that ABR’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall the ABR be liable for any special or consequential damages, loss or injury. This paragraph shall survive termination of this Agreement.

Indemnity

You agree to defend, indemnify and hold ABR, its parent (“Digantha Saksham Foundation.”), its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the website (including through the Share Service), your use of this website, your conduct in connection with this website or with other users of the website , or any violation of this Agreement or of any law or the rights of any third party. ABR reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify ABR, including rights to settle, and you agree to cooperate with ABR’s defence and settlement of these claims. You hereby expressly release ABR its affiliates, their officers, directors, shareholders, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of our partners/sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise. This paragraph shall survive termination of this Agreement.

Force Majeure

We shall not be liable to you for any failure to perform any obligation under this Agreement or any other Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If we are affected by such event, we shall forthwith inform you of the same through our website and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Notice & Take Down Policy

AS AN INTERMEDIARY, ABR IS NOT LIABLE FOR ANY THIRD-PARTY CONTENT UPLOADED, TRANSMITTED, DISPLAYED, PUBLISHED OR SHARED ON ITS WEBSITES. BY USING ABR.COM, YOU AGREE TO THE CONDITIONS SET OUT IN THIS NOTICE AND TAKE DOWN POLICY

1. COPYRIGHT INFRINGEMENT NOTIFICATION If the owner of a copyright-protected work or an agent authorized to act on the copyright owner’s behalf (the “Owner”) believes the work posted on ABR.com (“the Site”) is infringing the Owner’s copyright under the relevant law, the Owner may submit a copyright infringement notification.
2. COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE ABR recommends Owners of copyright-protected content to report alleged copyright infringement by submitting a written complaint (the “Complaint”) either through a web-form (recommended) or through email on support@atulyabharatrun.com The Complaint should include the following: –
   • Contact Information: The Owner will need to provide information that will allow ABR and the uploader(s) of the video(s) that the Owner’s objects to, to contact the Owner regarding the Complaint, such as an email address, physical address or telephone number
   • Description of Work: The Owner’s must provide in the complaint, a complete and accurate description of the copyrighted content that the Owner is seeking to protect. This MUST also include the specific URL of the video that the Owner believes to be infringing. This is necessary in order to aid ABR to locate the allegedly infringing video. General information about the video, such as a channel URL or username alone is not adequate. The URL should be in the following format: https://www.atulyabharatrun.com/_____________/
   • Necessary Format: The Complaint should include the following statements – “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” AND “The information in this notification is accurate, and I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
   • Signature: The Complaint must include the physical or electronic signature/digital signature of the Owner. To satisfy this requirement, the Owner may type their full legal name (a first and last name, not a company name) as the signature at the bottom of the complaint
3. TAKE-DOWN OF COPYRIGHT INFRINGING WORK In case of a Complaint by the Owner that is submitted in accordance with the procedure in Clause 2, and found to be valid, ABR may refrain from facilitating access to the allegedly infringing work for a period of 21 (twenty one) days or until an order from a competent court is received, whichever is earlier. In case ABR receives no such order before the expiry of twenty-one days, ABR may reinstate access to the said work.
4. NOTIFICATION OF OBJECTIONABLE CONTENT AND TAKE DOWN BY ABR Users may submit a complaint against objectionable content by submitting a written complaint (the “Complaint”) either through a web-form (recommended) or through email on support@atulyabharatrun.com The Complaint should include the following:
   • Contact Information: The Complainant will need to provide information that will allow ABR to contact the Complainant regarding the Complaint, such as an email address, physical address or telephone number.
   • Description of Work: The Complainant must provide in the complaint, a description of the objectionable content that the Complainant is seeking to protest. This MUST also include the specific URL of the video that the Complainant believes to be objectionable. This is necessary in order to aid ABR to locate the allegedly objectionable video. General information about the video, such as a channel URL or username alone shall not be adequate. The URL should be in the following format: http://www. atulyabharatrun.com/_____________/
   • Necessary Format: The Complaint should include the following statements – “I have a good faith belief that the use of the material in the manner complained of violates any law, or the conditions in Clause 4 of ABR’s Notice and Take Down Policy” AND “The information in this notification is accurate to my knowledge”

If ABR determines, in its sole discretion and judgment, that the User Content violates any of the aforementioned conditions, it shall be entitled to immediately take down or otherwise block access to User Content

5. ABR IMMUNITY FROM LIABILITY ABR is an intermediary and shall not be liable for any act of copyright infringement or any other objectionable User Content, as provided under the Copyright Act, 1957, Information Technology Act, 2000 and Rules thereunder