TERMS AND CONDITIONS OF SERVICE
CLF 14 MARTIAL ARTS
Thank you for using CLF 14 Martial Arts.
CLF 14 is a service and tool that players, coaches and parents use to help players develop skills and passion for sports, physical activities and other skills, to express and develop their creativity in these activities, to inspire others and be inspired by others through sharing their skill videos and accomplishments, and to encourage skill challenges with friends, teammates, members of their organizations, and other players throughout the world. CLF 14 also has an online store of curated third party products for sale on the Site.
- Using CLF 14
- Registering an account. Services of the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site.
You may use our Service only if you are legally able to form a binding contract with CLF 14, provided Clause 1.2, and only in compliance with these Terms and all applicable laws. When you create your account or authorize an account on behalf of your child, you must provide us with accurate and complete information. Failure to provide us with accurate information may limit the functions and features available and the termination of your account. You may not:
- Select or use a name of another person with the intention of impersonating such person;
- Use a name of anyone else without authorization;
- Use a name in violation of the intellectual property or any other legal rights of any person; or
- Use a name that CLF 14 considers, in its sole subjective discretion, inappropriate.
- Children under 18. Use or access by anyone who is a minor, i.e., under the age of eighteen (18) but atleast 13 (Thirteen) years of age, you are permitted to use the Site only under supervision of your parent(s), legal guardian(s) or an adult coach who has received written permission from your parent(s) or legal guardian(s) (“Sponsor”) to use the Service who agrees to be bound by these Terms. Failure to receive the authorisation will result in the immediate termination of your account. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
- Our License to you. Subject to these Terms, the Policies and your registration of an account, we grant you a limited, non-exclusive, non-transferable, and revocable sub-license to use our Service and Site on your own behalf. Portions of our Service include software that may be downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those portions of the Service, and these Terms will apply to such upgrades. You do not have the permission to distribute content from the Service through any medium unless CLF 14 makes available the means for such distribution through functions offered by the Service.
This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CLF 14. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of CLF 14 and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or CLF 14’s name or trademarks without the express written consent of CLF 14. Any unauthorized use terminates the permission or license granted by CLF 14.
- Your Content
- Sharing Your User Content and Information. The Service allows you to post content, including videos, photos, graphics, sounds, audio-visuals, comments, and other materials. Anything that you post or otherwise make available on our Service, or that your child (if applicable) makes available on the Service, or that is posted on our social media sites is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you create and share, reproduce, modify, create derivative works, perform, and distribute your User Content in connection with the Service and CLF 14’s business, including but not limited to, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels in perpetually. We reserve the right to remove User Content that we believe violates these Terms or our Policies or the applicable laws. You specifically hereby grant each user of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display and perform such Content as permitted through the functions of the Service. The above licenses are perpetual and irrevocable. You further agree that the User Content you submit to the Service will not contain third party copyright protected material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant CLF 14 all of the license rights grated herein.
- License to your User Content. One of the purpose of CLF 14 is to share and promote the teaching and development of skills and accomplishments, you grant CLF 14 (and its successors and affiliates) a worldwide, irrevocable, permanent, nonexclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content in connection with the Service and CLF 14’s (and its successors’ and affiliates’) business, including without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels in perpetuity. We reserve the right to remove User Content for any reason including User Content that we believe violates these Terms or our policies. You specifically hereby grant each user of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display and perform such Content as permitted through the functions of the Service. The above licenses are perpetual and irrevocable. You agree that all User Content shall comply with the Policies.
- How Long do we Keep your Content.Following termination or deactivation of your account or removal of any User Content, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes and for any other purposes granted to us under these Terms. Further more, other users that you have allowed to receive your User Content when posting (such as a coach or fellow player) may retain and continue to use, store, display, and perform, any of your User Content that other users have stored in their respective accounts. Additionally, derivative works created with your User Content may continue to be used for CLF 14’s business following the termination or deactivation of your account.
- Feedback you Provide.We value hearing from our users and are always interested in learning about ways we can make CLF 14 more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
- Security. We care about the security of our users and ask that you keep your username and password in a safe place. We are compliant with General Data Protection Regulation (GDPR). While we work to protect the security of your User Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are responsible for any activity that occurs through your account or any accounts of your children that you have authorised, and you agree you will not sell, transfer, license or assign your account, username, or any account rights.
- Intellectual Property Rights.
- CLF 14 is the sole owner or lawful licensee of all the rights of CLF 14’s Application. Here, “Application” shall mean, CLF 14’s specialized software program downloaded onto a wireless communication device. and its content. Application content shall mean its design, layout, text, images, graphics, sound, video etc. The Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with the Company, its affiliates or licensers of CLF 14’s content, as the case may be.
- You shall not upload post or otherwise make available on the Application any material protected by copyright, trademark, patent, proprietary rights or any other intellectual property rights, without the express permission of the owner of the copyright, trademark, proprietary right or other intellectual property rights.
- We do not have any express burden or responsibility to provide the User with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked.
- You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
- By submitting User Content to any public area of the Application, you warrant that the owner of such material has expressly granted CLF 14 the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User hereby grants CLF 14, the right to edit, copy, publish and distribute any material made available on the Application by the User.
- Contests, Sweepstakes, and Other Activities.From time to time, CLF 14 or its suppliers, advertisers, customers or partners may conduct promotions on or through the Service, including without limitation auctions, contests, sweepstakes and electronic postcards (“Promotions”). Each such Promotion may have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Service (the “Rules”). If any conflict arises between these Terms of Service and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
- Product Purchase
- Pricing: CLF 14 aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to us by third-party seller. In each such case, notwithstanding anything to the contrary, CLF 14 reserves the right to cancel the order without any further liability. Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Site will be sold at a price higher than its MRP (Maximum Retail Price).
- With respect to purchase of any of the products on the Site, you agree and confirm:
- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.
- That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
- You will provide authentic and true information in all instances where such information is requested of you. CLF 14 reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
- You authorise CLF 14 to contact you for any transactional purposes related to your order/account.
- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description and the third party conditions for such sale.
- From a time to time, CLF 14 may at its discretion offer a user promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made on the Site.
- We may terminate or suspend this license and your access at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these Terms. Notwithstanding the foregoing, in the event you have a paid subscription, we will suspend your account for cause following written notice and an opportunity to cure such breach. If such breach remains uncured after 10 (ten) days following transmission of such notice, we will terminate your account without refund. In the event you are able to cure such breach to our satisfaction, at our sole subjective discretion, we will reinstate your account.
- If you use our Service for commercial purposes in violation of these Terms, as determined in our sole subjective discretion, you agree to indemnify and hold harmless CLF 14 and its officers, directors, employees, affiliates and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Service, (b) your User Content, or (c) your breach (or a breach by your child, if applicable) of any of these Terms.
- By accessing the Service, you understand that physical activities, in any form, carry the risk of injury. You understand that it is your responsibility to know your physical and mental capabilities for activities you chose to do. You are responsible to ensure that, by participating in and using the Service, you will not exceed your limits or skill levels while using the Service. You shall select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions or limitations you may have. From time to time, the Service may suggest physical adjustments or the use of equipment, but you shall be solely responsible to determine if any such suggested adjustment or equipment is appropriate for your level of ability or physical or mental condition.
- You understand that any content accessible through the Service is provided for informational, educational, or entertainment purposes only. Such content is not intended to be a substitute for individual training. Certain of the activities demonstrated in the Service and certain specialized skills may require the guidance of an individual coach. You accept the risks involved if you try to use these techniques without supervision. You acknowledge that certain activities shown in the Service are inherently dangerous, and that you will use these videos at your own risk. You are responsible for researching the appropriate safety gear to wear.
- Certain demonstrations, stunts and tricks contained in the Service are performed by professionals, so for your safety and the protection of those around you, do not attempt, or attempt to recreate or re-enact, any activity performed in the Service that you have not been properly trained to complete. Serious injury and death can result from engaging in such activities.
- Certain activities demonstrated through the Service may be stressful on the body. Accordingly, you are urged and advised and shall take steps to seek the advice of a physician before beginning any physical activity regimen, routine, or program or using any suggested equipment shown in the Service. You are never required to perform any suggestions and comments within the Service relating to physical activity, poses, moves or the use of equipment. If you do so, then you are conducting such activities voluntarily and at your election. You shall not construe anything contained in the Service as any form of any medical advice.
- You expressly waive and release any claim that you may have at any time for any injury of any kind related to your use of or participation in the Service against CLF 14, or any person or entity involved or in any way associated with CLF 14, including, without limitation, its directors, officers, principals, coaches, independent contractors, employees, agents, contractors, affiliates, and representatives.
- You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgement before entering into any transactions. CLF 14 make best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
- CLF 14 does not make any representation or warranties in respect of the products available on the Site nor does CLF 14 implicitly or explicitly support or endorse the sale or purchase of any products on the Site. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Site or otherwise.
- You acknowledge and agree that CLF 14 shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant third party seller. CLF 14 does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLF 14 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
- ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR
- UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE AGGREGATE LIABILITY OF CLF 14, IF ANY, THAT IS ESTABLISHED AND ORDERED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO A CLAIM, SHALL IN NO EVENT EXTEND BEYOND REFUND OF THE MONEY CHARGED FROM A USER FOR PURCHASES MADE PURSUANT TO AN ORDER UNDER WHICH SUCH LIABILITY HAS ARISEN AND BEEN ESTABLISHED.
IT IS ACKNOWLEDGED AND AGREED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, CLF 14 SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING ON GROUNDS OF LOSS OF PROFIT, LOSS OF REPUTATION OR LOSS OF BUSINESS OPPORTUNITIES.
- For any dispute you have with CLF 14, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Arbitration and Conciliation Act, 1996, as amended, except as provided herein. The Arbitration shall take place in Hyderabad, Telangana in English. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent CLF 14 from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service by any User.
- Governing Law and Jurisdiction. These Terms shall be governed by the laws of India. We each agree to submit to the sole and exclusive personal jurisdiction of a state court located in Hyderabad, Telangana, for any actions not subject to Clause 10.
- General Terms
- Notification Procedures and changes to these Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our application. Please review these Terms periodically. If a revision, in our sole discretion, is material, we will notify you by sending a notice to the email that you used when registering your account or through a notification in the Service. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CLF 14 without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
- Entire Agreement/Severability.These Terms, together with the Policies and any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and CLF 14 concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- No Waiver.No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Questions or Concerns? Please contact us at the following email: firstname.lastname@example.org, Tel: 040 – 6302772114 or mail us at the following address: Fitbee Fitness, 3rd Floor, Mn Capital, Opp. 7 Hills Apartments, Power Welfare Society, Kokapet, Hyderabad, Telangana, 500075, India and we will endeavour to respond to any questions or concerns promptly.
This Terms and Conditions of Service was last updated on 13-08-2020.