Oddsfitness

Personal Fitness and Strength Trainer at Home in Delhi NCR
Menu

Terms and Conditions

A. INTRODUCTION

  1. OddsFitness Private Limited, on behalf of itself and its affiliates / group companies (hereinafter referred to as “Odds”, “Us” or “We” or “Our”), is the author and publisher of the website – https://oddsfitness.com/, and mobile applications, if any, (together the “Site”). Odds owns and operates the Site and the services provided through the Site.

B. TERMS OF AGREEMENT

  1. These terms and conditions (“Terms and Conditions”) along with the privacy policy available at – [insert weblink] (the “Privacy Policy”) constitutes a legally binding agreement made between You, whether personally or on behalf of an entity that you represent (“You” or “Your” or “Yourself” or “User”), and Odds, concerning Your access to and use of the Site and the services.
  2. If You continue to browse and use the Site or avail any services, You irrevocably consent to and accept all the conditions stipulated in these Terms of Conditions and the Privacy Policy and agree to abide by them. You agree that by accessing the Site and / or using Our services, You have read, understood, and agree to be bound by all of the Terms and Conditions. If You do not agree with all of the Terms and Conditions, then You are prohibited from using the Site and services and You should exit the Site and discontinue the use of Our services immediately.
  3. We reserve the right at all times to discontinue or modify the Terms and Conditions and Privacy Policy as We deem necessary or desirable without any prior notification. Such changes may include, among other things, adding and / or modifying prices, fees and/or charges. Any such modifications would be effective immediately, as soon as they are posted on the Site. We suggest that You read the Terms and Conditions, Privacy Policy and other changes in Our products, services and fees, from time to time to stay informed and Your continued use of the Site, after the changes are effective, will constitute Your acknowledgement and acceptance.
  4. In the event of any discrepancy between the Terms and Conditions and any other policies with respect to the Site, the provisions of the Terms and Conditions shall prevail.
  5. These Terms and Conditions constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000.

C. ELIGIBILITY

  1. Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are ‘incompetent to contract’ within the meaning of the applicable laws including un-discharged insolvents, and persons of unsound mind are not eligible to use the Site. You may use the Site only if Your age is 18 years or above and You are capable of forming binding contracts under applicable laws and You are not prohibited from entering into a legally binding contract as per applicable laws.
  2. In case the Site is to be accessed or used by a minor (i.e. a person less than 18 years of age) or by a person incompetent to contract under applicable law (other than those set out in Paragraph C1 above), then only the legal guardian / representative of such person shall register himself / herself as a User and create / add the profile of the minor. This shall not discharge the legal guardian / representative, who is an adult and of sound mind, from its obligations and liability towards Us or Our contractors or agents and We shall have the right to proceed against the legal guardian / representative and User, either jointly or severally, for their acts and omissions that violate these Terms and Conditions, Privacy Policy and any other terms in relation to the services provided by Odds.
  3. Odds reserves the right: (i) to terminate Your account and Your membership and, (ii) refuse to provide You with access to the Site, if Odds discovers that You are under the age of 18 years or otherwise are not capable of forming binding contracts, as required under applicable law. In case of a business entity, You represent that You have the legal authority to bind the entity or the employees or consultants of such entity, to these Terms and Conditions
  4. You acknowledge that Odds does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification.

D. SERVICES OFFERED

  1. The Site offers the following services:
    1. Odds is a fitness as a service platform that provides bodily fitness memberships/classes and allied services. These services may include pre-recorded audio and/or video content, real time online services in relation to nutrition and physical fitness provided by a fitness professional (“Professional”).
    2. An online platform for allowing You to avail fitness services by allowing You to browse numerous plans and programs online. The plans may include services ranging from nutrition to workout consultations.
    3. Personal training sessions, group classes and guardianship programmes and consultation regarding diet plans and curated workouts which include ready to access plans as displayed on the Site.
    4. Mentorship for professional trainers.
    5. Facilitation of an internet-based service for You, where You have an option to book an appointment, either instant appointment or pre-scheduled, with a Professional and obtain information regarding nutrition, workouts, and curated diet plans.
  2. Not an alternative to medical treatment
    1. Notwithstanding anything contained under these Terms and Conditions, it is hereby clarified that Odds is not a medical service provider, nor is it involved in providing any healthcare services nor medical advice nor diagnosis. Odds does not provide medical treatment including but not limited to physiotherapy under a medical professional and Odds is not responsible for any medical / physical ailment that may occur pursuant to the User availing the services.
    2.  Odds is merely a digital intermediary platform which facilitates connecting Professionals with the Users through the provision of or the means of the Site and hence Odds shall not be responsible and owns no liability to the User for any outcome from the booking or the consultation between You and the Professional. The Site provides an option to book online consultations with the Professionals basis the availability of the Professional. Odds is not responsible for any inaccuracy or incompleteness of the data and information provided by the Professional.
  3.  All consultations / communication and hard copy correspondences (“Correspondences”) between the Users and the Professionals shall be recorded, saved and stored for: (a) internal record purposes and (b) in the event such records are required to be produced as evidence on the direction of a court of law. Odds may review this data from time to time for quality evaluation purposes. All such Correspondences shall be subject to the Privacy Policy.
  4. Without prejudice to the generality of the above, the User understands and agrees that Odds will not be liable for, including but not limited to the following:
    1. User interactions and associated issues User has with the Professional including the content shared or generated pursuant to the use of the services or provision of the services by the Professional;
    2. the suitability, ability or intent of the Professional or the lack of it, in fulfilling their obligations towards Users including delayed responses by the Professional;
    3.  any incorrect plan or workout or quality of service being given by the Professional or any negligence on part of the Professional;
    4. any misconduct or inappropriate behaviour by the Professional or its staff;
    5.  cancellation or no show by the Professional or rescheduling of booked appointment or any variation in the fees charged; or
    6. sudden escalation of a prior medical condition (including death) or medical situations that occur on account of omission of critical and material health information by a User and / or in course of availing services from the Professionals.
E. USER AGREEMENT
  1. No User shall be permitted to perform, host, display, upload, modify, publish, transmit, store, update, or share any information or perform any of the following prohibited activities while using the Site and availing Our services:
    1.  systematically retrieve data or other content from the Site to a compile database or directory without written permission from Us;
    2.  make any unauthorized use of the Site, including collecting usernames and / or email addresses and / or phone numbers of users to send unsolicited email, messages or creating user accounts under false pretenses;
    3.  use an agent to make purchases on the Site;
    4.  circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use;
    5.  engage in unauthorized framing of or linking to the Site;
    6.  trick, defraud, or mislead Us and other users in any manner including but not limited to any attempt to learn sensitive account information such as user passwords;
    7. make improper use of Our support services, or submit false reports of abuse or misconduct;
    8.  engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
    9. interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site;
    10. attempt to impersonate another user or person, or use the username of another user;
    11.  sell or otherwise transfer Your profile;
    12. use any information obtained from the Site in order to harass, abuse, or harm another person;
    13.  use the Site or Our content as part of any effort to compete with Us or to create a revenue-generating endeavor or commercial enterprise;
    14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
    15.  attempt to access any portions of the Site that You are restricted from accessing;
    16. harass, annoy, intimidate, or threaten any of Our employees, agents, or other users;
    17. delete the copyright or other proprietary rights notice from any of the content;
    18. copy or adapt the Site’s software, including but not limited to content and any form of code;
    19.  upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, any computer coder or file or program, or other material that interferes with any user’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism;
    20.  use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools;
    21. disparage, tarnish, or otherwise harm, in Our opinion, Us and / or the Site;
    22. use the Site in a manner inconsistent with any applicable laws or rules or regulations;
    23. threaten other users / Our employees with negative feedback;
    24.  misrepresent experience, skills, or information about Yourself;
    25.  falsely imply a relationship with Us or another company with whom You do not have a relationship
    26. use the services for purposes that are not permitted by: (i) these Terms and Conditions and; (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
    27.  violate any of the terms specified under these Terms and Conditions for the use of the Site / services / products.
  2. Further, no User shall be permitted to perform, host, display, upload, modify, publish, transmit, store, update, or share any information:
    1. which belongs to another person and to which the User does not have any right;
    2. is misleading, unlawful, harmful, threatening, abusive, vulgar, defamatory, lewd, lascivious, profane, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially, ethnically or otherwise objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
    3. is harmful to a child;
    4. infringes any patent, trademark, copyright or other proprietory rights;
    5. impersonates another person;
    6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
    7. threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
    8. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
  3. By submitting content on or through the Site (“Your Material”), You grant Us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Material in any and all media or distribution methods (now known or later developed) and to associate Your Material with You. You agree that others may use Your Material in the same way as any other content available through the services. If You delete Your account, Your Material and name may remain available on the Site.
  4. Odds reserves the right at its sole discretion to remove, review, edit or delete any content. We will not be responsible or liable for any content uploaded by You or any other users directly on the Site. We would not be responsible to verify whether any content placed by You or any other user contains infringing materials or not.
  5. Odds (including but not limited to its subsidiaries / affiliates) may, based on any form of access to the Site (including free download / trials) or services or registrations through any source whatsoever, contact the User through SMS, email and call, to give information about their offerings and products as well as notifications on various important updates and / or to seek permission for demonstration of its products. The User expressly grants such permission to contact him / her through telephone, SMS, e-mail and holds Odds (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call / Do not Disturb database. By registering Yourself, You agree to make Your contact details available to Our employees, associates, subsidiaries, affiliates and partners so that You may be contacted for information, offerings and promotions through telephone, SMS, email etc.
  6. The User acknowledges that he / she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products or services and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that Odds has afforded the User the opportunity for full and complete investigations, examinations and inspections.
  7. The Site and content therein, are compatible only with certain devices / tablets / instruments / hardware. Odds reserves the right to upgrade the table / type of compatible devices as required from time to time. The User agrees that Odds bears no responsibility if the User’s device is not compatible with the specifications as required by the Site.
  8. Odds shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and / or instrument and / or device, including loss of data or effect on the processing speed, resulting from Your use of Our Site.
F. YOUR ACCOUNT
  1. In order to access the services and to avail the use of the Site and the services, You may be required to register Yourself with the Site, and maintain an account on the Site. You may be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, payment information (credit / debit card details) if required, and any other information deemed necessary by the Site. With respect to the provision of information, the following may be noted:
    1. It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and up-to-date.
    2. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to:
      1. ensure that You successfully log out from Your account at the end of each session; and
      2. immediately notify Us of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or We may suspend Your account without any liability to Odds, for such period of time as We deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
    3. You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and Odds cannot guarantee accessibility to the Site at all times. In addition to the disclaimers set forth in these Terms and Conditions, Odds shall not be liable to You for any damages arising from Your inability to log into Your account and access the services / the Site at any time.
G. TERMS OF SERVICES
  1. You shall be permitted to consume and/or participate in the services provided by Odds via Professionals subject to the booking and the necessary payment required.
  2. The consumption of the services is subject to an advanced booking. Additionally, You may also need to comply with certain technical requirements to be eligible for consumption and/or participation in the services.
  3. All services paid for by You are non-refundable and non-transferable.
  4. For workout sessions, You must ensure that You are physically and medically fit to participate in the sessions. You must be aware of Your physical and medical limits and participate in the services within these limits.
  5. You agree that the participation in these services by their very nature include certain risks that are inherent can cannot be eliminated irrespective of the care taken to avoid injuries and/or any losses.
  6. You agree that you are participating in these services voluntarily and that you are assuming all risks involved knowingly and hereby release Odds or any third party Professionals of all liability arising out of the aforementioned risks. Odds, relevant partner or any third party Professionals do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or concerning with the services.
  7. Odds or the Professional may record audio and/or video of any and all sessions conducted for safety and quality purposes which may be referred to in case on any dispute/complaints.
  8. Any guarantees of exactness of duration, satisfaction for any services and sessions provided by the Professionals is disclaimed by Odds. Further, Odds makes no representation that the services provided by the Professional are appropriate or safe for use.
  9. Odds disclaims all liability arising out of Your use of the Site and services, representations made by the relevant Professional, the information or content provided by the Professional on the Site or any advice given or suggested by the Professional to the maximum extent.
  10. In case Odds runs any offers subsequent to your purchase, neither Odds or their relevant partner has any obligation to make you the beneficiary of such an offer.
  11. Without prejudice to the generality of the above, User understands and agrees that Odds may not be involved in certain interactions between the User and the Professional and hence would not be responsible for the same.
  12. You understand and agree that Odds will not be liable for: (i) any non-fulfilment of the obligations of the Professional; (ii) quality of service or treatment being given by the Professional; (iii) any issues that User has with the Professional, although on good-faith basis Odds shall try resolving any issue; (iv) any type of inconvenience suffered by the User due to any lapse on the part of the Professional to provide agreed Services; and (v) any misconduct or inappropriate behavior by the Professional or their staff.
H. TERMS SPECIFIC TO UNDERLYING THIRD PARTY PROFESSIONAL PROVIDING SERVICES.
  1. All the details pertaining to working hours, availability of slots, details regarding the content of the session conducted shall be provided by the Professional with a detailed description as directed by Odds. The Professional shall provide at least a 10 days prior written notice to Odds, in case of any changes in the aforementioned details.
  2. The details of the Professional including contact and profile details may as required under applicable laws or as required by the User to avail the services may be provided for on the Site. The User understands and agrees than all details of the Professional shall be as per the information provided by the Professional themselves and Odds has no control over the details whatsoever and shall have no liability for the genuineness of such information.
  3. Subject to availability, the User shall be allowed to book a session/appointment/consultation with the Professional (“Booking”). The Booking shall be placed in a manner as determined between the Professional and Odds. Upon acceptance of a Booking, the Professional shall provide the services in a skillful and diligent manner in compliance with the applicable law of the land and the best accepted industry practices applicable to provision of such services and in compliance with the terms and conditions listed herein.
  4. The cancellation of any Booking or refusal to provide services by the Professional is strictly prohibited unless Odds is presented with reasons of exceptional circumstances based on a justifiable explanation provided by the Professional. Such cancellation has to be informed to Odds immediately by the Professional. Such cancellation or refusal to provide services may lead to a withholding or deduction of part or whole of, the fee to the necessary extent to reimburse the cost, loss or expense suffered by Odds as a result of such cancellation or refusal.
  5. The Professional acknowledges that services provided are the sole responsibility of the Professional. Any qualms or complaints by the user shall be the sole responsibility of the Professional and Odds shall not be responsible in any manner. Such complaints will be considered to be a breach of the obligations by the Professional hereunder. Odds reserves the right to terminate any service and relations with the Professional, in its sole discretion on receipt of any serious complaint from the User.
  6. The Professional shall provide all services in accordance with the applicable laws, with care and skill, and in an effective and timely manner. The Professional shall ensure that the services are delivered in a manner conducive to the goodwill and reputation of Odds. The Professional shall not act in a manner that shall cause harm/may be harmful to the reputation and goodwill of Odds. The Professional shall not discriminate against the User for any reason on the basis of sex, caste, creed, etc.
  7. The Professional shall make themselves available as required by Odds for provision of services.
  8. The Professional shall ensure that any information pertaining to the functioning of the Site including any statistical data or any other kind of information collection, is not provided, shared or disseminated with any competitor or platform or any other third parties under any circumstances whatsoever
  9. The Professional ensures that it has procured all rights, titles trademarks, property marks, service marks used or placed in relation to the digital services provided by Odds including but not limited to copyrights on any sequence of movements, formats and music which are a part of its services.
  10. The Professional shall ensure that they have obtained all required approvals, whether governmental or regulatory or other necessary third-party consents licenses, authorizations, waivers or exemptions required to empower the Professional to perform their obligations and services in accordance with these Terms and Conditions.
  11. The Professional admits that they have not received any notice, warning, or threat in writing, nor are there any disputes, claims or proceedings before any court, tribunal, or any other quasi-judicial body which could reasonably be expected to prevent the Professional from fulfilling any of its obligations and providing services in accordance with these Terms and Conditions.
  12. The Professional agrees that the performance by the Professional of its obligations under this Agreement will not and does not contravene any applicable laws, regulations, made by the government or any judgement or decree of any court having jurisdiction over it or conflict with or result in any breach or default under, or accelerate any obligation under, any agreement to which the Professional is a party or by which it is bound.
I. CHARGES, FEES AND SUBSCRIPTIONS
  1. Any and all online services that You may have availed via Our Site may have a free trial period which may last for a period specified by Us. In case Your subscription begins while the period of free trial is subsisting, you may be billed at the time of the purchase of the subscription or at the end of the free trial unless You cancel Your membership prior to the end of the trial period, at our sole discretion.
  2. By consenting to these Terms and Conditions, you agree to pay the fee, subscription, charges for all services that will be offered to You. All additional third-party charges may apply.
  3. Any subscription that is non-recurring in nature, is non- cancellable. Additionally, refunds will not be allowed for any partial-term subscription period.
  4. Any promotion code, discounts or offers cannot be used together with any additional promotion code, discounts or offers. Certain offers are only available to the new users of the Site and may not be available to You unless expressly stated otherwise. Users having booked any session or having utilized the trial period will not qualify as new users. All terms provided in any promotion code, discount, offers will only apply to the initial period of subscription as decided by Us. Unless stated otherwise, any renewals will be charged at the non-discounted rate.
J. PAYMENT
  1. All and any payments on the Site shall be through the payment mechanism put in place by Odds and You shall be responsible for paying all fees/subscriptions and applicable taxes in a timely manner. Users may be given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to card payment facilities, EMI payment, online bank transfer and wallet payment. The payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on their website and the User agrees to be bound by those terms. Odds shall not be responsible for any claims, error, malfunction, liabilities, damages or defect in the service provided to You by such third-party platforms.
  2. Valid credit / debit / cash card / UPI / wallet / online bank transfers and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction.
  3. We reserve the right to change any fees/subscription at any time at Our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted / uploaded or notified on Our Site and Your continued use shall be deemed to be an acknowledgement of the same.
K. REFUND AND CANCELLATION POLICY
  1. In the event, You are displeased with Our products or services, We will, at Our sole discretion, refund Your money if the reasons provided by You are genuine to Our satisfaction and proved after investigation. In case of dissatisfaction from Our services, You have the liberty to cancel the orders and request a refund from Us. Our Policy for the cancellation and refund will be as follows:
    1. You may cancel Your order free of charge up to 3 (three) days after the delivery. You will be refunded the amount paid for such order, if any. Processing of the refund may take up to 14 (fourteen) working days;
    2. Your refund will be made to the same account from which the payment was originally made.
L. DISCLAIMER / LIMITATION OF LIABILITY
  1. All information contained on the Site is for general information purposes only. The information is provided by Us and while We try on a best effort basis to keep the information up to date and correct. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance You place on such information is therefore strictly at Your own risk and We shall not be liable for the same. In the preparation of the Site and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything herein, Odds disclaims any responsibility for any errors and accuracy of the information that may be contained in the Site. Any feedback from the User is most welcome so as to make the Site and contents thereof error free and user friendly. Odds also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither Odds nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent.
  2. From time to time the Site may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Site from another website or document without Our prior written consent.
  3. In no event will We be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of the Site.
  4. In respect of certain of our services, We are just an online platform where We facilitate the engagement between a potential consumer and Professional. Further, Odds bears no responsibility towards the quality, description, information of the services posted on Our Site by other users.
  5. Odds makes no warranty that: (i) the quality of the Site or any services provided therein will meet Your expectations or Your use of the Services will be uninterrupted and without any errors; (ii) the Site or the services will meet Your requirements; (iii) the results that You may obtain will be effective or reliable; (iv) any defects in the Site will be corrected. Nothing obtained by You, including advice or information, whether oral or written, from Odds or any Professional shall create any warranty not expressly stated in the terms of Use.
  6. We make commercially reasonable endeavors to keep the Site up and running smoothly. However, We take no responsibility for, and will not be liable for, the Site being temporarily being unavailable due to technical issues or any ongoing periodic maintenance.
  7. In no event shall the total aggregate liability of Odds or any of its directors, officers, employees, agents or content or service providers, to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms and Conditions, Privacy Policy or a User’s use of the Site or the services exceed, in the aggregate Rs. 500/- (Rupees Five Hundred Only).
  8. Odds shall not be responsible for any damage caused to your computer systems or loss of data by downloading material through the Site and the same is done entirely at Your own discretion and risk. You will be solely responsible for any consequent damage or loss of data caused to yourself.
M. TERMINATION
  1. Odds reserves the right to suspend or terminate a User’s access to the Site and the services with or without notice and to exercise any other remedy available under law, where:
    1. such User breaches these Terms and Conditions;
    2. a third party reports violation of any of its rights as a result of your use of the Terms and Conditions and the services;
    3. Odds is unable to validate any information provided by a User;
    4. Odds has grounds to believe that the User is breaching the Terms and Conditions and / or doing any illegal, fraudulent or abusive activity on part of such User; or
    5. Odds has grounds to believe that the User is acting contrary to the interest of Odds and / or the Site.
  2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Site under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Site by such User.
N. INTELLECTUAL PROPERTY RIGHTS
  1. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Site, Services and products are proprietary property of the Odds (“Odds Proprietary Information”).
  2. Odds Proprietary Information shall not be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining a prior written consent from Odds and nothing on the Site shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to Odds, to the User.
  3. You may own the medium on which the information, content or materials resides, but Odds shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by Odds on such medium. Certain contents on the Site may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party.
  4. Odds from time-to-time will upload videos, audios / sound recordings, content and other materials on the Site which shall be the exclusive property of Odds. You undertake not to reproduce, transmit, retransmit, distribute, publish, post, share or make available the said videos, audios / sound recordings, content and other materials or any part thereof which are available on the Site in any manner whatsoever.
  5. Any recordings, videos, sound / audio recordings, screen shots, pictures, images, material or content which is obtained in any manner without the prior written consent of Odds shall amount to the breach of the Terms and Conditions and You shall be solely liable for the said breach under the applicable laws. All other rights are reserved.
  6. Odds shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display any / all of Your Material.
  7. You undertake to use the Site and intellectual property for only the purposes envisaged in the instant Terms and Conditions and shall not use the same for any unauthorized or unlawful purpose. Should You use the Site or Odds Proprietary Information beyond the limited rights granted to You under these Terms and Conditions, then You shall be solely responsible for the same and shall indemnify Odds for all losses, liabilities, claims and damages in this regard.
  8. You will be solely responsible to ensure that any content or intellectual property created by You shall not contain any bugs, virus and malware or infringe any third party’s intellectual property rights or violate any applicable laws (including data protection and privacy laws) in any manner.
  9. Further, You recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the express written consent of the respective third party.
O. INDEMNITY
  1. You agree to defend, indemnify and hold harmless Odds, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
    1. 1.1. Your use of and access of the Site / services / products;
    2. 1.2. Your violation of any of the terms and conditions of these Terms and Conditions, Privacy Policy or any other policy of Odds;
    3. 1.3. Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
    4. 1.4. any claim that Your use of the Site has caused damage to a third party.
  2. This defense and indemnification obligation, as mentioned above, will survive indefinitely.
  3. In no event shall Odds, its officers, directors, employees, partners or agents be liable to You or any third party for any damages (including special, incidental, indirect, consequential or punitive damages) including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Site.
P. FEEDBACK
  1. Any feedback You provide with respect to the Site shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that: (i) Your feedback does not contain confidential or proprietary information of You or of any third parties; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from Odds for the feedback under any circumstances, unless specified.
  2. Under no circumstances shall Odds be held responsible in any manner for any content provided by other users even if such content is offensive, hurtful or offensive. Please exercise caution while accessing the Site.
  3. If You post any offensive language against Odds or any other user or by Your act You try to harm Our reputation, on Our Site, or on any social media platforms, at any discussion forums, or anywhere on the internet, Odds reserves the sole right to cancel and terminate Your account without any consequence to Odds. Notwithstanding anything contained in these Terms and Conditions, Odds reserves its sole right to take appropriate action or initiate appropriate legal proceedings against You in this connection.
Q. EQUITABLE RELIEF
  1. In the event You breach these Terms and Conditions, You agree that Odds will be irreparably harmed and may not have an adequate remedy in money or damages. Odds, therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. Our right to obtain such relief shall not limit our right to obtain other remedies in law or in contract.
R. JURISDICTION AND GOVERNING LAW
  1. Any dispute or difference either in interpretation or otherwise, of these Terms Conditions and other policies of Odds on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be mutually appointed between the parties and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in New Delhi and the language shall be in English.
  2. Please note that these Terms and Conditions, their subject matter and their formation, are governed by the laws of India. You and We both agree that the courts of New Delhi, India will have exclusive jurisdiction.
S. MISCELLANEOUS
  1. Any violation by You of these Terms and Conditions may result in immediate suspension or termination of Your account(s) apart from any legal remedy that Odds can avail. In such instances, Odds may also disclose Your account information if required by any Governmental or legal authority. You understand that the violation of these Terms and Conditions could also result in civil or criminal liability under applicable laws.
  2. Odds has the right to change modify, suspend, or discontinue and / or eliminate any aspect, features or functionality of the Site or the services or products as it deems fit at any time without prior notice.
  3. Further, Odds has the right to amend these Terms and Conditions from time to time without prior notice. Odds makes no commitment, express or implied, to maintain or continue any aspect of the Site. You agree that Odds shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site.
  4. Notice: All notices served by Odds shall be provided via email to Your account or as a general notification on the Site. Any notice to be provided to Odds should be sent to [].
  5. Entire Agreement: The Terms and Conditions, along with the Privacy Policy, and any other guidelines made applicable to the Site from time to time, constitute the entire agreement between Odds and You with respect to Your access to or use of the Site and the services thereof.
  6. Assignment: You cannot assign or otherwise transfer Your obligations under the Terms and Conditions, or any right granted hereunder to any third party. Odds rights under the Terms and Conditions are freely transferable by the Odds to any third parties without the requirement of seeking Your consent.
  7. Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions shall continue in full force and effect.
  8. Waiver: Any failure by Odds to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver by Odds of that provision or right.
  9. Relationship: You acknowledge that Your participation on the Site, does not make You an employee or agency or partnership or joint venture or franchise of Odds.
  10. Odds provides these Terms and Conditions so that You are aware of the terms that apply to Your use of the Site and the services and products. You acknowledge that, Odds has given You a reasonable opportunity to review these Terms and Conditions and that You have agreed to them.
T. GRIEVANCE OFFICER For any further queries and complaints related to these Terms and Conditions or services or products on the Site, or exercising Your rights, You could reach Us at: Name of the Grievance Officer: [●] Contact Email Address: [●] U. CUSTOMER CARE We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact Us at [●].