Terms and Conditions
These are the Terms and Conditions on which Indian Track Club Pvt. Ltd. [“we”, “us”, “our”, “ITC” or “Indian Track Club”] is willing to provide membership to you [“you”, “athlete(s)”, “member(s)”], for the Indian Track Club Milers programme [“programme”]
This agreement is made between Indian Track Club and the member(s) whose name appears in the application for membership contract. You acknowledge that the following terms & conditions may be treated as a legal contract between you and Indian Track Club. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.indiantrackclub.com (“Site”) is a website operated by Indian Track Club (“We”, “Our”, “Us”).
We are registered at A-77, First Floor, Okhla Industrial Area, Phase II, New Delhi, 110020
Office address is 146, Second Floor, MG-5, Mehrauli-Gurgaon Road, New Manglapuri, New Delhi, 110030
2. YOUR STATUS
By placing a registration, you warrant that:
(a) You are legally capable of entering into binding contracts,
(b) You are at least 16 years of age at the time of registration,
(c) You do not have any criminal charge pending before the courts,
(d) To your knowledge there is no other matter that the Company (Indian Track Club), its associations or club may consider to constitute a risk to its members, employees, volunteers, athletes or reputation by engaging me as registered member of the Indian Track Club Milers programme,
(e) You allow us to take your photos and videos during the programme, and to use such photos and videos for information and/or promotional purposes worldwide and in all types of media relating to Indian Track Club.
3. REGISTRATION PROCESS
When you register for the programme, notice of a confirmed registration will be sent to you by email where possible (or alternatively by post) as soon as details of your payment have been processed and entered onto our system.
4. PRICE AND PAYMENT
Prices are liable to change at any time, but changes will not affect registrations for which you have already paid. The prices are inclusive of all taxes.
Payment for programme can be made by cheque, credit/debit card or online bank transfer. If you pay using a credit/debit card, your credit/debit card will be charged on the same day we confirm your registration using ‘payumoney’.
5. THE PROGRAMME
We treat as a priority, the safety and well-being of all athletes attending the Indian Track Club - Milers. You must agree with the below mentioned rules and code of conduct for athletes.
Any abuse (physical or verbal) against other players, coaches, staff and members of the public will be treated with ZERO tolerance and will result in the immediate removal from the training sessions and/or event/s conducted by Indian Track Club.
We reserve the right to remove from the programme, any person who is found to be engaged in offensive activity, the bullying of others, disruptive behaviour or for any other reason where we consider a person’s behaviour is detrimental to the interests or safety of the persons attending a programme. In the event of your removal from a programme for any of these reasons no refund of any fees paid by you shall be made.
6. CANCELLATION AND REFUNDS POLICY
Full refund on cancellation, if made within 5 days from the date of registration, provided the session hasn’t started.
All programme activities; venues; and travel arrangements, are subject to change according to weather, venue availability, a satisfactory level of participants or other factors beyond our control. As such, we may cancel or change any programme/s, should this be necessary for these reasons.
You are responsible for arranging and paying for suitable insurance to cover any injury or illness to the participant as, unfortunately, we cannot provide a refund under these circumstances. For avoidance of doubt, no refund is permitted for participant’s failure to attend the programme.
You have the option to freeze your payment in case of personal travels/planned leaves. The participant must inform the management through written email at least 14 days in advance, of the dates of sessions that the participant will NOT be able to attend.
In all cases refunds of money received from you will usually be made by an online transfer.
You assume full responsibility for any claims, losses, costs, articles or liabilities arising out of or related to the athletes in the training sessions. You accept that these activities carry with them some degree of risk both to person and property and knowing this risk, and still desire for you to participate in these sessions. In cases of medical emergency or in the unlikely event of an accident, you release, waive and hold harmless the Indian Track Club, including all member companies and its affiliates thereof, coaches, technical staff and directors from any claims, losses, damages or expenses which may arise during the training sessions.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage even if such losses result from a deliberate breach of these terms that would entitle you to terminate the Contract.
You shall be liable for the cost of any damage to our property, facilities and/or venues caused by you or by persons under your control.
8. TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer, assign, charge or otherwise dispose a Contract, or any of your rights or obligations arising under it, without the prior written consent from us.
Our Operator may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
All Programmes, activities, venues and travel arrangements are subject to change according to weather, venue availability, and a satisfactory level of participants other factors beyond our control. As such, we may cancel or change any Programmes, should this be necessary for these reasons.
Performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the obligations under the Contract may be performed despite the Force Majeure Event.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you by notice in writing.
If any of these terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. ENTIRE AGREEMENT
These terms and conditions, the Registration Form and any other document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13 LAW AND JURISDICTION
Registration for the Indian Track Club Milers Programme, and any dispute or claim arising out of, or in connection with this (including non-contractual disputes or claims), will be governed by Indian law. Any dispute or claim arising out of or in connection with this registration (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of New Delhi – India.