The domain name www.amswan.co (hereinafter referred to as “Website”) is owned by Avnide Sports Private Limited, a company that has been incorporated under the Companies Act, 2013 with its registered office at 708, 7th floor, IRIS TECHPARK, Block A, sector-48, Gurgaon, Haryana.
Avnide Sports Private Limited provides its services to its customers subject to the terms and conditions and notices outlined in this agreement (hereinafter referred to as “Terms”). In addition to this, when you use any www.amswan.co service, you will be subject to the guidelines, rules, terms, conditions, policies, and documents applicable to such service.
By using the Website, you will be in a contract with Avnide Sports Private Limited, and these Terms which include the policies that represent a binding contract between us and the client. Therefore, the client should read these Terms carefully before they start to use the Services. Avnide Sports Private Limited retains the right to deny access to anyone who we believe has violated any Terms.
BROWSING, ACCESSING, OR USING THIS WEBSITE OTHERWISE, INDICATES YOUR AGREEMENT TO THESE TERMS, SO CLIENTS ARE ADVISED TO READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING.
- CHANGES TO THE TERMS
- CHANGES TO WEBSITE
To optimize and improve the user’s experience, we may update the Website when needed and may also change the display, content, or form at any time without any kind of prior notice. We do not give any guarantee that the Website, or any content provided or displayed on it, will be free from omissions or errors. Further, we have no obligation to update the Website or any of the content that is written on the website.
The client must be 18 (eighteen) years or above and should be capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872) for using the Website. If the client is under 18 (eighteen) years of age, they may use the Website only with the involvement of a guardian or parents.
- TERMS OF SERVICES
4.2. During the registration process the client is required to submit their personal information, which might include information relating to their name, gender, age, location, mobile device, etc. The client needs to agree that the information provided by them at the time of registration and at all times thereafter should be true, accurate, complete, and current. The client should agree to maintain and update this information to keep it true and complete at all times while they use the Website and avail of the services. They must also acknowledge that the information they provide, in any manner whatsoever, should not be confidential or proprietary and does should not infringe any rights of a third party in whatsoever nature.
4.3. If you are browsing, accessing, and using the Website or availing the services on someone else’s behalf on the website, you display that you have the authority to bind that person to all the terms and conditions that are mentioned on the website. If the person refuses to be bound by the Terms, you have agreed to accept the liability for any wrongful use of the Website or any harm caused which may result from such access or use of the Website in any nature.
4.4. If at any point you know or believe that the security of your account has been breached, you should contact our team immediately at the ‘Contact Information’ that is provided on the Website. If we have suspected or found a breach of the security of your account, we may ask you to change your account password, temporarily or permanently suspend or block your account without any liability to Avnide Sports Private Limited.
4.5. Prohibited Uses. You shall not use the Website for any unlawful, illegal, prohibited (“Prohibited Uses”), or unauthorized purposes nor may you, while using the Website, violate any laws in your jurisdiction (which includes but is not limited to copyright or trademark laws). You are supposed to comply with all applicable rules, regulations, and laws in your use of the Website. If under any situation you use the Website for any Prohibited Uses, we have complete rights to immediately and without any prior notice, delete/suspend your account and also ban you from accessing the Website.
- USER CONTENT
5.1. The client will retain ownership and also the sole responsibility for any messages, text, billboard postings, chat communications, photos, software, graphics, drawings, opinions, profiles, images, ideas, audio files, videos, or other materials or information uploaded, posted, transmitted, emailed, or otherwise made available to the Website by you (collectively “User Content”). Therefore, the client will be responsible for User Content and they must ensure that they have all the rights and permissions which is required to use User Content on the Website.
5.2. By using the Website you grant us a worldwide, unrestricted, perpetual, royalty-free license to use, distribute, reproduce, adapt, modify, make publicly available, create derivative works, and otherwise exploit User Content, but only for limited purposes of providing the services to the client and as otherwise permitted by our privacy policies. This license will continue even after the client stops using our Website. The client needs to acknowledge that this license includes the right for us to make User Content available to the other users of the Website, who may use User Content subject to these Terms.
5.3. You may remove the content you have posted by deleting it, however in certain situations User Content may not be completely removed, and copies of User Content may continue to exist on the Website. We are not liable for the removal or deletion of (or failure to remove) any User Content.
5.4. Avnide Sports Private Limited does not control or endorse the User Content posted or transmitted on the Website and therefore, integrity, accuracy, or quality of User Content will not be guaranteed by Avnide Sports Private Limited. The client needs to understand that by using the Website, they may be exposed to User Content that might be indecent, offensive, or objectionable to them. Under no condition will Avnide Sports Private Limited be responsible in any manner whatsoever for any User Content, including without limitation, for any omissions or errors in any User Content, or any damage or loss of any kind incurred by the client as a result of the use of any User Content. The client hereby waives all rights to any claims against Avnide Sports Private Limited for any actual or alleged infringements of any proprietary rights, moral rights, rights of privacy and publicity, and rights of attribution in connection with User Content.
5.5. The client hereby acknowledges that Avnide Sports Private Limited has the right, but not the obligation, in its sole discretion to remove or refuse to post any User Content and further has the right to change or delete any User Content.
6.1. These Terms are effective until and unless it is terminated by either you or Avnide Sports Private Limited.
6.2. You must agree that Avnide Sports Private Limited, in its sole discretion, for any or no reason, and without notice or penalty, may terminate or suspend your account (or any part thereof) or the client’s use of the Website at any point of time.
6.3. You agree that the termination of your access to the Website or any account you may have or portion thereof may be without prior notice and that you agree that Avnide Sports Private Limited will not be liable to the client or any third party for any such termination.
6.4. Any suspected abusive, fraudulent, or illegal activity may be referred to appropriate law enforcement authorities. These remedies will be in addition to any other remedies which Avnide Sports Private Limited may have at law or in equity.
- LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
7.1. The Website is presented “as available” and “as is” basis without any condition or warranty, statutory or express implied. Neither we nor our partners, affiliates, employers, directors, licensors, agents, or suppliers make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or this Website or any of the content, including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
7.2. You must agree that in no event will Avnide Sports Private Limited or its affiliates, directors, employees, agents, licensors, partners, suppliers should be held liable to the client for any indirect, special, incidental, punitive, consequential, exemplary damages arising out of or relating to:
(i) these Terms;
(ii) the Website; or
(iii) use or inability to use the Website.
7.3. Under no circumstances will Avnide Sports Private Limited or any of its contractors, directors, employees, agents, third-party partners, licensors, or suppliers' total liability to you for all damages, liabilities, losses, and cause of action which may result from:
(i) The website;
(ii) the terms;
(iii) your use or your inability to use the Website; or
(iv) any other interactions with Avnide Sports Private Limited,
Howsoever, caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using a part of the Website or Service.
7.4. In no event will Avnide Sports Private Limited or any of its contractors, directors, employees, agents, third-party partners, licensors or suppliers be liable to you for any losses, damage, and negligence to which you contributed.
7.5. Avnide Sports Private Limited does not warrant that the usage or access of the Website will be uninterrupted, secure, timely, or error-free.
7.6. Avnide Sports Private Limited does not assure that the results that may be obtained from the use of the Website will be reliable or accurate.
7.7. You must agree that no actions or claims arising out of, or related to, the use of the Website or the Terms may be brought by you more than one year after the cause of action which may relate to action arose or such claim. If the client has a dispute with us or is dissatisfied with the Website, termination of your use of the Website is your sole remedy. We have no other obligation, responsibility, or liability to you.
7.8. Health Disclaimer. Any statement on the Website or any supplements or materials sold or distributed on this Website has not been evaluated by the Food and Drug Administration (FDA).
You have agreed to indemnify, defend, and hold Avnide Sports Private Limited and its affiliates, contractors, officers, employees, agents, directors, and third-party partners harmless from all losses, claims, liabilities, damages, expenses, and costs including without putting any limit, expenses, and legal fees caused by or arising out of claims based upon your actions or inactions or related to your use or misuse of the Website, any violation of these Terms or any of the covenants made by you herein, which may result in any loss or liability to Avnide Sports Private Limited or any third party.
- INTELLECTUAL PROPERTY RIGHTS
All material and content on the Website, which includes illustrations, images, graphics, text, button icons, logos, audio clips, images, data compilations, digital downloads, and software, is our property, or the property of our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including authors’ rights, copyright, trademarks, database rights laws, and other intellectual property rights that are controlled and owned by us or by other parties that have licensed their material to us. All the content on the Website is our personal property and is protected by the laws of India and international copyright and database rights laws. All software used on the Website is also our exclusive property, or the property of our affiliates or software suppliers, and is protected by Indian and international copyright, authors’ rights law, and other intellectual property rights. You hereby agree to not copy, republish, reproduce, post, upload, distribute or transmit such material in any way, including by e-mail or other electronic means whether directly or indirectly and you should not assist anyone else to do so. Without the prior written consent of the owner, use of the materials, modification of the materials on any other website, or use of the materials for any purpose.
- LICENSE TO USE WEBSITE
10.1. We give you a limited license to access and make personal use of the Website, but cannot modify it, or any part of it, except with our prior written consent.
10.2. Website or any portion thereof (including but not limited to any trademarks, copyrighted material, or other proprietary information) may not be reproduced, duplicated, sold, resold, copied, distributed, visited, or getting exploited for any commercial purpose without our express written consent.