TERMS & SERVICES

YOUR ACCEPTANCE OF THIS AGREEMENT:

This is an agreement between you ("you" or "your") and Gympik Health Solutions Pvt. Ltd., a company incorporated under the Companies Act 1956 with its registered office at #1357, 9th main, First Phase, JP Nagar, Near Rajshekar Hospital, Bangalore- 560078 ("Gympik" "Traqade" "we," or "our") that governs your use of the club management software developed by Gympik Health Solutions Pvt. Ltd. through its website www.traqade.com

When you access or use Traqade or any of the Platforms or products you agree to be bound by these Terms and Conditions ("Terms").

PLEASE READ THESE TERMS OF SERVICE ("TERMS") AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Gympik Health Solutions Pvt. Ltd., and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, "Gympik") welcome you to Traqade.com (the "Site"), which includes all web pages within the Site. By using the Site or any other Platforms, you agree to be bound by these Terms, whether or not you register as a member of the Site. If you do not agree to all of the Terms, do not use the Site or any other Platforms. Gympik may revise and update these Terms at any time. Your continued use of the Site or any other Platforms will mean you accept the revised Terms.

YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE SITE. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT ELIGIBLE TO USE THE SITE AND MUST NOT ATTEMPT TO REGISTER WITH THE SITE.

If you have any questions about any part of the Agreement, feel free to contact us at contact@traqade.com

By accessing, viewing or using Traqade’s services or by completing any registration process via the website, you are accepting the terms of the Traqade’s software as a service (SaaS) agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity and its affiliates.

END-USER ACCOUNT AND DATA PRIVACY

• The terms “personal information” and “sensitive personal data or information” are defined in the Privacy Policy. Gympik Health Solutions Pvt. Ltd., may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Gympik Health Solutions Pvt. Ltd., ’s services and to build new services.
• The Website allows Gympik Health Solutions Pvt. Ltd., to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the centres.
• You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. GYMPIK will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of -

1. Gympik Health Solutions Pvt. Ltd., shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Gympik Health Solutions Pvt. Ltd., or to any other person acting on behalf of Gympik Health Solutions Pvt. Ltd.
2. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Gympik Health Solutions Pvt. Ltd., of any actual or suspected unauthorized use of the User’s account or password.
3. If a user provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Gympik Health Solutions Pvt. Ltd., has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gympik Health Solutions Pvt. Ltd., has the right to discontinue the Services to the User at its sole discretion.
4. Gympik Health Solutions Pvt. Ltd., may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
5. The user warrants that it shall comply with all Applicable Data Protection Legislation in its collection and use of the Data and shall ensure that the user is entitled to transfer the relevant personal data

CHARGES AND PAYMENT

• Traqade user shall pay the Subscription Fees to Gympik Health Solutions Pvt Limited on a monthly, quarterly or annual basis in accordance with the payment plan and other terms outlined on the Order Form which forms part of this Agreement.

PROPRIETARY RIGHTS

• The user acknowledges and agrees that Gympik Health Solutions Pvt Limited and/or its licensors own all Intellectual Property Rights in the Services, Software and Mobile Applications. Except as expressly stated herein, this Agreement does not grant the Subscriber any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services.
• The user authorises Gympik Health Solutions Pvt Limited to include its business name, logo and any relevant trademark on its client directories and on the Gympik Health Solutions Pvt Limited’s public website during the Subscription Term.

Notice for Claims of Copyright Violations

If you believe that your work has been copied and posted on our Platforms in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information: Please provide:

• A description of the copyrighted work that you believe has been infringed.
• A description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our web site.
• Your address, telephone number, and email address.
• A written 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.
• 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; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to us at the following address:

Gympik Health Solutions Pvt. Ltd.

#1357, 9th main, First Phase, JP Nagar,

Near Rajshekar Hospital, Bangalore- 560078

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.

We may offer Members and Trainers the opportunity to comment on and engage in discussions and otherwise post content on our Platforms. Any and all information, data, text, photographs, graphics, video, messages, tags, or other materials that Members and Trainers submit in connection with any of the foregoing activities is referred to as "User Generated Content." Members and Trainers are entirely responsible for all User Generated Content that they upload, post, email, transmit or otherwise make available via the Platforms. By posting User Generated Content on our Platforms, you automatically grant, and you represent and warrant that you have the right to grant, to GYMPIK, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that posting and use of your User Generated Content will not infringe or violate the rights of any third party. We retain the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any User Generated Content. Without limiting the foregoing, we retain the right to remove any User Generated Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, your use of any User Generated Content, including any reliance on the accuracy, completeness, or usefulness of such User Generated Content. We do not control the User Generated Content or guarantee the accuracy, integrity or quality of such User Generated Content regardless of who posted it and whether or not the person who posted has been accepted as a Trainer or Member. You understand that by using the Platforms you may be exposed to User Generated Content that is offensive, indecent, and/or objectionable. Under no circumstances will we be liable in any way for any User Generated Content, including, but not limited to, any errors or omissions in any User Generated Content, or any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available via the Platforms. You acknowledge, consent and agree that we may access, preserve and disclose your account information and User Generated Content if required to do so by law or in a good faith belief that it is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms (iii) respond to infringement or other claims; or (iv) protect our rights, property or personal safety of our Members and the public. In addition to the foregoing, you acknowledge and agree that if you send any User Generated Content to GYMPIK or any of its employees or Trainers by email or other method (other than posting through our Platforms), that such User Generated Content becomes the non-exclusive property of GYMPIK. GYMPIK shall have no obligation to return such content to users.

Conduct

We reserve the right to terminate your USER status if you misuse the Platforms or violate these Terms including, without limitation, the following rules of conduct:

You may not:

• Upload, post, transmit to other Members by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
• Impersonate any person or entity, including another Member, Trainer, or other employee of GYMPIK, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted.
• Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships.
• Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• Upload, post, transmit to other Member by any means, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Upload, post, email, transmit to other Members by any means, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Attempt to interfere with or disrupt our servers or networks.
• Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
• "Stalk" or otherwise harass another; Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including user names or passwords; or access or attempt to access another user's account without his or her consent and/or
• Post, disseminate, transmit or otherwise distribute your personal data or plan data on any website or through other digital, electronic or printed forum.

DISCLAIMERS OF WARRANTIES

You use the platforms at your own risk. Gympik expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the site or other platforms and assumes no liability or responsibility for any errors, mistakes, or inaccuracies in such content. You agree that your access to, and use of, the site and the content and services available through the platforms is on an "as-is", "as available" basis and gympik specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement. Gympik does not warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in our platforms. If any applicable authority holds any portion of this section to be unenforceable, then gympik will be limited to the fullest possible extent permitted by applicable law.

Limitation of Liability

You acknowledge and agree that gympik shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if gympik has been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use the platforms; (b) the use of any content or other material on the platforms or any websites linked to the platforms, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or site purchased or obtained or messages received or transactions entered into through or from the platforms; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on the platforms; or (f) any other matter relating to the platforms. In no event shall gympik's total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], or otherwise) exceed the amount paid by you to gympik. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.

Indemnification

You agree to defend, indemnify, and to hold Gympik harmless, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) arising, resulting from or relating to: (a) your use of the platforms or your inability to use the platforms; or (b) an allegation that you violated any representation, warranty, covenant or condition in these terms. Your agreement to defend, to indemnify, and to hold Gympik (and its officers and directors) harmless applies whether a claim against Gympik is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the site caused damage to you or to any third party and/or your use and access to the site. This indemnification section shall survive your termination of or cessation of use of the platforms.

Third Party Web Sites

We may link to, or promote platforms or services from other companies or offer you the ability to download software from other companies. You agree that GYMPIK is not responsible for, and does not control, those websites. GYMPIK encourages you to be aware of this when you leave the Platforms, and to read the legal notices and privacy policies of each and every website or media you visit. Your use of a third-party website will be subject to such third-party's terms of use and privacy policy.

Governing Law and Choice of Forum

These Terms contains the final and entire agreement between us regarding your use of the Platforms and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Platforms. We may discontinue or change the Platforms, or its availability to you, at any time. These Terms are personal to you, which mean that you may not assign your rights or obligations under this Agreement to anyone. You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of the State of Karnataka, India applicable to contracts made entirely within Bangalore and wholly performed in Bangalore, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Platforms will be an appropriate state court located in Bangalore.

Miscellaneous Terms

GYMPIK may assign its rights and obligations under these Terms. These Terms will inure to the benefit of GYMPIK's successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Promotions and Offers

We may, as part of our services to users, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. The Platforms reserves the right to send particular promotions to particular Members, Trainers, and other individuals. Price discounts cannot be used together or combined with other discount offers, unless specified explicitly. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. Unless you have elected not to receive promotional information, we may also use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.

© 2019 Gympik Health Solutions Pvt. Ltd. All rights reserved.

If you have any questions, comments or concerns about our Privacy Policy, you may contact us at contact@traqade.com or by writing a letter to:

Gympik Health Solutions Pvt. Ltd.

#1357, 9th main, First Phase, JP Nagar,

Near Rajshekar Hospital, Bangalore- 560078