TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use shall apply during the use of the website www.Boostcamp.com (“Website”), during the registration for creating a user account on the Website and during the accessing of the services and information provided by the Website.
These Terms and Conditions of Use form a legally binding agreement between the users or the users legal guardian or parent (hereinafter referred to as “User” / “you” / “your”) and GlaxoSmithKline Consumer Healthcare Limited (hereinafter referred to as “the Company” / “we” / “us”), being the owner of the Website. In even that Users being below the age of 18 years these Terms and Conditions being accepted by the parents/legal guardian of the user, then the term ‘you/your’ wherever used in these Terms and Conditions shall be deemed to be interpreted and include reference to ‘your ward’.
Please read these Terms and Conditions of Use carefully before proceeding, as by completing the registration process and/or by using the Website, you signify your deemed acceptance agreement with these Terms and Conditions of Use. If you do not agree with any of these Terms and Conditions of Use, please do not access the Website and/or complete the registration process on the Website. In case of any discrepancy between these Terms and Conditions of Use and any other content within the Website, these Terms and Conditions of Use shall prevail.
The Company retains the right at any time to deny or suspend access to any or all sections of/services provided through the Website to any user, who the Company believes, has violated any of the provisions of these Terms and Conditions of Use.
While some of the content and pages of the Website are free to view, but to gain access to majority of the contents or services provided by the Website, you will be required to create an account on the Website. To create an account on the Website, you will be asked to complete the registration form and fill in the necessary details such as name, age, address, mobile number, e-mail id, etc.If you are below the age of 18 years as on the date of registration, then the contact details of your parents or legal guardian. You expressly acknowledge that the Company will rely on the information as provided by you. You hereby warrant that any and all information provided by you in the course of registration for creating the account is true and accurate. You will immediately inform the Company of any changes to registration information. Upon completion of the registration form, the User shall receive a validation link on the email id shared by User at the time of registration. Clicking on the validation link shall complete the registration process. The Company reserves the right, at its absolute discretion and without assigning any reason, to refuse any user from creating an account on the Website or to suspend or cancel an account. The Company also reserves the right to suspend or cancel at any time and without notice the account of any user who is found to be in breach of these Terms and Conditions of Use or if any user who in the reasonable opinion of the Company is guilty of conduct which is detrimental to the reputation of the Company.
You hereby confirm and acknowledge that you shall be solely responsible for maintaining the confidentiality of your user name and password (hereinafter referred to as “Credentials”). You are solely responsible for restricting any unauthorized access and use of sections/services of this Website through your Credentials. You will be solely responsible for all actions, omissions including use and access done on this Website through your Credentials, whether or not you have the knowledge of or authorize such access and use. You will notify the Company immediately of any unauthorized disclosure or use of your Credentials, or if you suspect the privacy of your user name and password has been breached and/or jeopardized. Until the Company is notified of a breach in security, you will remain liable for any unauthorized disclosure or use of your user name and password. You are cautioned, at your sole liability, to exercise particular care while using public networks/WIFI connection or accessing your account from public computers. You shall not (i) select or use as a user name, a name of another person with the intent to impersonate that person; (ii) use as a user name, a name that is otherwise offensive, vulgar or obscene. The Company reserves the right to refuse registration of or cancel a user name in its sole discretion. You will be solely responsible for any and all activity that takes place in or through your account.
USE OF THIS WEBSITE
This Website is for your personal and non-commercial use. You shall not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or services obtained from this Website whether printed, visual, electronic, e-mail forwarding, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose. As a condition of your use of this Website, you hereby warrant that you will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or otherwise. You further agree and acknowledge that any unauthorized or unlawful use of this Website would result in irreparable injury to Company and/or its affiliates for which monetary damages may be inadequate, and in such event Company and/or its affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to obtain immediate injunctive relief against you. Nothing contained in these Terms and Conditions of Use shall be construed to limit remedies available pursuant to statutory or other claims that Company and/or its affiliates may have under separate legal authority.
MODIFICATION TO SERVICES
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the services (or any part thereof) offered through this Website or the design and functionality of this Website, with or without notice and/or reason(s). You agree that Company shall not be liable either to you or to any third party for any modification, suspension or discontinuance of any of the services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.
USE OF COMMUNICATION FORUM ON THE WEBSITE
The profile displays and videos upload features of this Website may be used only for the permitted purposes of showcasing the talent and/or your techniques. Certain sections and services of this Website may provide you a platform to generally express yourself and certain communication facilities may allow interactivity between users of the Website, including without limitation by way of blogs, posting boards and other message or communication facilities. You hereby agree not to:
use the platforms provided by this Website for any purpose other than as expressly permitted by the Company including but not limited to using the information to sell or promote any products or services. post on this Website any content, whether or not containing links, for any competitor of the Company. collect, post or submit on this Website any incomplete, fictitious, false or inaccurate biographical information. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or has received all necessary consents thereto. promote or endorse illegal or unauthorized copy of another person’s copyrighted work such as providing or making available pirated computer programs/software, music or other media or links to them, or provide instructional information about illegal activities or other activities prohibited by these Terms and Conditions of Use. upload, post, publish, distribute, transmit, link or otherwise make available or disseminate, whether or not through links, through this Website any content that is unlawful, harmful, defamatory, infringing, obscene, racist, pornographic, threatening, indecent, unlawful or otherwise objectionable material or information. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Website. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional content, transmit junk mail, spam, hacker programs, chain letters, or other unsolicited bulk e-mail or duplicative messages or overload or ‘flood’ this Website’s systems and infrastructure. upload files that contain viruses, trojan horses, worms, cancelbots, corrupted files or any other similar harmful software or programs or malicious codes. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded. download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website. aggregate, copy or duplicate in any manner any content or information available from this Website. attempt to gain unauthorized access to this Website or its services, other users’ accounts or computer systems, through password mining or otherwise or engage in any systematic extraction of data or data fields, including without limitation e-mail addresses. The collection of e-mail addresses from the profile pages or from the database of any user for any use without the written permission of Company and/or user is considered as theft and legal action will be taken against offenders. sell access to or use of any services available on this Website. upload, share or otherwise distribute any text, graphics, images, videos or data which is unlawful, threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy or impersonate another person. upload, share or otherwise distribute any text, graphics, images, videos or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
UPLOADING OF CONTENT AND VIDEOS
You shall ensure that any and all content and videos uploaded by any You on the Website is in compliance with and does not violate any of the provisions of these Terms and Conditions of Use. The Company reserves the right to filter any and all content and videos as uploaded by You prior to such content or videos being available to the other user of the Website and any decisions of the Company in this regard and filtering of any content and video would be final and binding on the You.
YOUR REPRESENTATIONS AND WARRANTIES
You acknowledge, represent and warrant to the Company as follows:
You will be solely responsible for your use of this Website including content, material and information posted, published, submitted or otherwise disseminated by you through this Website. You will use this Website legally and only for the purposes that it is intended to be used for. You will be solely responsible for obtaining and maintaining third party consents for content, material and information of any third party posted, published, submitted or otherwise disseminated by you through this Website. You will not, for example, be in breach of any obligations, contractual or statutory, to which you are subject or governed. You will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You will fully comply with these Terms and Conditions of Use. You will be fully responsible for your use of this Website, including all financial charges and legal liability that you may incur. You acknowledge that the internet or the Company’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication, connectivity problems or other facts beyond the control of Company. You acknowledge that Company will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances. You will indemnify the Company, its affiliates, employees, experts, trainers, etc., as applicable, against any claim or demand, including reasonable legal fees, incurred by any of them due to or arising out of any content that you submit, post, transmit or make available through this Website; or any other website that chooses to link to or display the content; your use on or of this Website; any unlawful, unauthorized or prohibited use of this Website; and/or your violation of these Terms and Conditions of Use.
Any and all views expressed in any of the videos including any specific activities, drills, products or procedures are solely the views of the author/maker and performer of such video and do not represent the views of the Company. You hereby acknowledge and confirm that reliance on any information provided in any of the videos is at your own risk and the Company shall in no way be responsible for any loss, damage or injury arising from use of any information, idea or instruction available on the Website.
The information including the videos on the Website is presented for the purposes of providing educating and informative content to the users on different aspects of playing and/or coaching of various sports and participation in various physical activities. It is advisable that you should not engage in any sport or any physical activity without first consulting a physician to confirm and verify that you are medically fit to participate in the proposed sport or physical activity. You are also advised not to engage in any sport or any physical activity without using the appropriate sports equipment and/or protective wear to ensure your safety.
The Company makes no claim about the safety or appropriateness of any information found on the Website or of any views expressed or information provided in any of the videos available on the Website. The Company also does not make any claims concerning the results to be obtained from relying on the information and videos available on the Website and consequently the Company cannot be held liable for any non-performance in the game or non-improvement in the skills of the user.
Company makes no representations about the suitability of the information, products, and services provided through this Website for any purpose, or the results that may be obtained from accessing and using the services provided through the Website. All such information, products and services are provided “as is” without warranty of any kind. Company hereby disclaim all warranties and conditions with regard to the information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement and in no event shall Company and/or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the access or use of the services provided through the Website or with the delay or inability to access or use the Website, or otherwise arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise, even if Company or any of its affiliates has been advised of the possibility of damages.
You agree to indemnify and hold the Company and/or its affiliates, service providers, licensors, etc., and each of their officers, directors, employees, agents and representatives harmless from and against any claims, suits, proceedings, disputes, demand, liabilities, damages, losses, costs and expenses (including without limitation, reasonable legal and accounting fees) in any way related to or arising out of:
your access to or use of the services provided through the Website; any information, content, video, etc., uploaded by you on the Website; your act or omission resulting in violation of any of the provisions of these Terms and Conditions of Use; or infringement by you, or anyone using your account, of the intellectual property rights or other rights of any person or entity.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defense of these claims at your expense. You agree not to settle any matter for which you are required to indemnify us without our prior written consent in each case. The Company will use all reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it. However, the failure of the Company to notify would not affect your indemnification obligations under these Terms and Conditions of Use.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for your reference only. Company does not control such websites and is not responsible for their contents. Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material or content on such websites or any association with their operators.
Company and/or its business partners may also present advertisements or promotional materials on or through this Website. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through this Website would be solely between you and such third-party. You hereby confirm and acknowledge that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on this Website.
Without limiting any of the disclaimers of warranty set forth in these Terms and Conditions of Use, Company does not provide or make any representation as to the quality or nature of any of the third-party products or services provided through this Website, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider, as the case may be.
TERMINATION OF REGISTRATION
These Terms and Conditions of Use will remain in full force and effect while you are a user of this Website. Your registration on this Website may be terminated at any time at the sole option and discretion of the Company or if you are found to be in breach of these Terms and Conditions of Use or if, in the reasonable opinion of the Company, you are guilty of conduct which is detrimental to the reputation of the Company. Upon cancellation of your account all your personal data and records will be permanently removed from the Company’s database.
All contents of this Website are copyrighted by the Company and/or its affiliates. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on this Website or in connection with any of the service are the property of the Company and/or its affiliates, licensors and/or licensees. Other product and company names mentioned herein may be the trademarks of their respective owners.
You further acknowledge and confirm that the copyright in any and all contents and videos, as would be uploaded by you on the Website, without any payment obligations on the Company, would stand forthwith assigned and shall vest with the Company and the Company reserves the right to commercially exploit any such contents and videos, to its own advantage.
Governing Law and Jurisdiction. These Terms and Conditions of Use are governed by the laws of India. User hereby consents to the exclusive jurisdiction of the courts at Gurugram for any and all disputes arising out of or relating to the use of this Website.
Entire Agreement; Severability. These Terms and Conditions of Use and any other terms or documents referred to herein represent your entire agreement with Company with respect to your use of this Website. If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable laws, then the invalid or unenforceable provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law. In that event, the invalid or unenforceable provision shall also be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions of Use shall continue in effect.
No Waiver. Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.
No Assignment. These Terms and Conditions of Use shall be personal to every user and you shall not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Company’s prior written consent. In the event that the Company merges/ consolidates/ amalgamates with any third party, all of the Companies rights and obligations under these Terms and Conditions of Use shall stand automatically transferred to such third part , without notice to You.
Up-dations/Modifications. You agree to be bound by these Terms and Conditions of Use, which may be updated or modified from time to time without any notice to you. Any changes or modifications become part of these Terms and Conditions of Use and shall apply immediately. By continuing to use this Website after such modifications or changes to the Terms and Conditions of Use, you shall be deemed to give your acceptance of such modifications or changes.
A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
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