Gayatrisoft Gym Management Software and the mobile application are owned by ggms.in We are providing you with access to this software and our mobile application (together, our “Services”) subject to the following terms and conditions.
By browsing, accessing, using, registering for or purchasing merchandise on this software or otherwise using our Services, you agree to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this software and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase merchandise from the Software.
Subject to your compliance with these Terms‚ We grant you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of this software. This license grant does not include:
1. Any resale or commercial use of this software or content therein.
2. The collection and use of any product listings or descriptions.
3. Making derivative uses of this software and its contents.
4. Use of any data mining‚ robots‚ or similar data gathering and extraction methods on this software.
You may not use‚ frame or utilize framing techniques to enclose any of Our trademark‚ logo‚ content or other proprietary information (including the images found at this software‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this software so long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
In order to access some features of this Software, you may be required to have a subscription, and we may assign it to you, or you may be required to select a password and username or account identification. If you subscribe, you agree to provide us with accurate and complete registration information‚ and inform us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Software's security. Each time you use a password or identification, you will be deemed authorized to access and use the Software in a manner consistent with these Terms. We have no obligation to investigate the authorization or source of any such access or use of this Software. You will be solely responsible for all access to and use of this Software by anyone using the password and identification originally selected by, or assigned to, you whether or not such access to and use of this Software is authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
When you use this software or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or posting notices on this software or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
This software may include features and functionality ("Interactive Features"") that allows users to create post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the software ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile. Still, it does not include your account information or information you submit to make a purchase. You agree that you are solely responsible for your user Content and your use of Interactive Features, and that you use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the software’s any of the following:
Except as otherwise provided in these terms, we claim no ownership or control over any user content on this software or in a separate agreement with us. However, by submitting or posting user content on this software, you grant to us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content on this software and third-party software’s and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this software the right to access your user content in connection with their use of this software.
By posting user content to this software, you represent and warrant that:
1. Such user content is non-confidential.
2. You own and control all of the rights, title, and interest in and to the user content, or you otherwise have all the necessary rights to post and use such user content to this software and grant to us the rights you grant in these Terms.
3. The user content is accurate and not misleading or harmful in any manner.
4. The user content, and your use and posting thereof in connection with this software, do not and will not violate these Terms or any other of our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from user content, you may have the ability to submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this software, us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback. We shall be entitled to the unrestricted use and dissemination of the feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You agree that you shall not (and you agree not to allow any other individual or entity using your password and identification to):
We have no obligation to monitor any user conduct on this software, and We reserve the right and have absolute discretion to monitor any user conduct on this software at any time and for any reason without notice.
As between you and us‚ this software‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding user Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this software (collectively, the “Software Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.
this software may contain links to other Softwares on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such Software.
You may terminate the Terms at any time by closing your account, discontinuing your use of this software and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this software, or any portion of this software, and to block or prevent your future access to and use of this software or any portion of this software.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this software; (b) any user Content you post, upload, use, distribute, store or otherwise transmit on or through this software; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify us of any third party Claims, cooperate with us in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control the defense or settlement of any third party Claims.
Except as expressly provided, this software, including all Software Content, and services provided on or in connection with this software are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR usE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE usAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this software is accurate, complete, reliable, current or error-free. We do not represent or warrant that this software or our servers are free of viruses or other harmful components.
Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of warranty, shall be your right to return the product or receive a refund for the service under our applicable returns and exchanges policies. in no event shall we or our related parties be liable for special, indirect, incidental, or consequential damages, including lost profits or loss of business, even if they have been advised of the possibility of such damages, nor shall our and our related parties’ aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the purchase or use of any products or services purchased through this software exceed the purchase price of the product or service. the limitations set forth in this paragraph will not limit or exclude our or our related parties’ gross negligence, fraud, intentional, willful, malicious or reckless misconduct.
You agree that our remedy at law for any actual or threatened breach of these terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including damages injunctive relief, attorneys' fees, and expenses without limitation.
Modifications to Software We reserve the right to modify or discontinue, temporarily or permanently, this software or any features or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
These Terms are for the benefit of and will be enforceable by the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.