Last updated in August, 2022
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These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by HTT Holidaying Travel Techologies Private Limited (“we”, “us”, “SocialBoat”) a private limited liability company established in India, having its registered office Galleria, Gurgaon.
SocialBoat is a real life fitness games that aims to make working out fun and rewarding for you.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOUR USE OF THE SERVICES INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and SocialBoat. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. SocialBoat may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. SocialBoat may amend the Terms related to the Services from time to time. Amendments will be effective upon SocialBoat’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Services
The Services constitute a technology platform that enables users of SocialBoat’s mobile applications or websites provided as part of the Services (each, an “Application”).
The Services cannot be provided, and the agreement described in these Terms cannot be performed without SocialBoat processing data about you, and other SocialBoat users, including your location data. Processing of the data you share with SocialBoat, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
Registration and Accounts
The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that SocialBoat may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or SocialBoat has reasonable grounds to suspect that such User Data is inaccurate or not current, SocialBoat has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving Services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify SocialBoat of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to SocialBoat.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize SocialBoat to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
Payments and Fees
The Services may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription within a free trial, we may begin billing you for periodical membership fees at the time of subscription purchase or at the end of the free trial period unless you cancel your membership prior to the end of the free trial period, at our sole discretion.
You agree to pay for all fees and charges incurred while using the Services. Additional taxes or third party charges may apply.
You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annual, recurring, non-recurring subscription options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users, including those having only booked / utilised trial services, or trial users of the Platform do not qualify as new users. No promotion code or discount will apply to any services / products unless otherwise stated on the Platform. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription or membership purchased.
Cancellation
You may cancel your recurring subscription(s) at any time by going to your Account Settings and cancelling your subscription before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Detail you have provided. Refunds cannot be claimed for any partial-term subscription period. However, any custom or non-recurring subscription(s) are non-cancellable.
Content and Conduct
Content
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.
You understand that you, and not SocialBoat, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. SocialBoat does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. SocialBoat may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SocialBoat be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. SocialBoat will maintain the privacy of such Content in accordance with your elections. Please review our Privacy Policy for more information on how to manage your privacy controls.
You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third-party products, services, or devices, in ads, offers and other commercial contexts on the SocialBoat service without compensation to you. For example, we may show your SocialBoat followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on SocialBoat.
Conduct
You shall not:
- collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.
- use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
- use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
- defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with SocialBoat or any third party;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- violate the Terms contained herein or elsewhere;
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
Third Parties
Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with SocialBoat. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT SOCIALBOAT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
SocialBoat or third parties may provide links to other internet sites or resources through the Services. SocialBoat does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that SocialBoat is not responsible for the availability of such external sites or resources.
Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SOCIALBOAT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SOCIALBOAT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOCIALBOAT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
SOCIALBOAT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SOCIALBOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOCIALBOAT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) INJURY DURING A WORKOUT; (ii) BURNOUT CAUSED DUE TO USAGE OF THE PLATFORM; (iii) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (iv) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY, EVEN IF SOCIALBOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOCIALBOAT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SOCIALBOAT’S REASONABLE CONTROL.
YOU EXPRESSLY AGREE THAT SOCIALBOAT IS ONLY OFFERING YOU THE PLATFORM TO USE FROM YOU OWN PERSONAL USE, AND IT IS EXPECTED YOU ARE FULLY AWARE OF YOUR OWN PERSONAL HEALTH AND FITNESS LIMITATIONS. TO BE VERY CLEAR, IF YOU CARRY ANY PREVIOUS INJURIES OR YOU ARE UNFIT OR UNTRAINED, WE STRONGLY ADVICE YOU TO SEEK MEDICAL CONSENT BEFORE CONTINUING USE OF THE PLATFORM. THE CONTENT PROVIDED THROUGH THE SERVICES, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF A PROFESSIONAL EXPERT.
SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES.
YOU EXPRESSLY AGREE THAT THE ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, TRAINING OR FOLLOWING A SOCIALBOAT USER) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF SOCIALBOAT OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE THAT SOCIALBOAT DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES.
SOCIALBOAT DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) INR [•] OR (b) THE AMOUNT OF FEES PAID BY YOU TO SOCIALBOAT IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.
Indemnity.
You agree to indemnify and hold Socialboat and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or Platform or goods obtained through your use of the Services, if any; (ii) your breach or violation of any of these Terms; (iii) Socialboat’s use of your user Content; or (iv) your violation of the rights of any third party, including third party providers.
Dispute Resolution
Governing Law
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, for a, applicable authorities at Gurgaon, Haryana.
Arbitration
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Failing such resolution, these Terms shall be governed by the Indian Arbitration and Reconciliation Act, 1996. The seat, place and venue of the arbitration shall be New Delhi. The language shall be English, and the award shall be binding on all parties involved.
Report Abuse and Grievance Redressal
In the event you come across any abuse or violation of these Terms or if you become aware of any objectionable content on the Platform or if you wish to report a grievance regarding Platform or Services, please report the same to the following e-mail id: swapnil@socialboat.live.
Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within 30 days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.