a) Vancouver International Bhangra Celebration Society (“VIBC”)
b) Stepathlon Lifestyle Private Limited (“Stepathlon”) and;
c) Participants (“Participants”) registering for the event
(a) Stepathlon along with Vancouver International Bhangra Celebration Society (“VIBC”), hereinafter referred to as “Organisers”, will conduct a 14 (Fourteen) week virtual festival accessible through the 5X Fest Mobile Application wherein Participants will take part in a race around a ‘virtual world’ (“The Event”).
(b) This Mobile Application are the jointly the property of Stepathlon Lifestyle Private Limited (“Stepathlon”) and Vancouver International Bhangra Celebration Society (“VIBC”) which inter alia provides information (including without limitation articles, publications, videos, products, graphics, software and pictures) (“content”) in respect of the Event conducted on the Mobile Application , wherein the Participants , (each a “Participant”), takes part in the Event , for 14 (Fourteen) weeks, i.e., from 16th July 2020 to 11th` October 2020 (the “Event Period, by recording daily step counts which shall be converted into kilometers and other activity levels or if the participant takes part in contests related to the event from 16th July 2020 to 11th` October 2020 on any third party website.
(c) This document sets out the terms and conditions governing the conduct of the Event by Stepathlon and the participation by each individual Participant.
Capitalised terms used but not defined herein shall have the respective meaning given to such term on the Mobile Application as the case may be.
You warrant and represent that you are at least 18 years of age or are at least 13 years of age and have consent from and are under supervision of a parent or legal guardian while using this platform
In agreeing to these Terms and Conditions, the Parties agree that no other terms and conditions, representations, undertakings, warranties or supposed enticement have been relied upon by either Party save and except as are set out in these Terms and Conditions or on the Mobile Application .
These Terms and Conditions shall apply to each Participant from the date the Participant registers to participate in the Event until the last day the Mobile Application remains open for the Participants to enter their step entry for the Event as per the rules set out in these Terms and Conditions.
Stepathlon will generate a unique login ID for each Participant for the purposes of logging in to the Mobile Application . Participant undertakes to keep his/her account password secure and not share the login ID details with any third party.
Few wearable devices/apps capable of counting steps viz. Stepathlon step-counter app, may be allowed by Stepathlon for the purpose of step counting in the Event.
Stepathlon and VIBC disclaims any and all liabilities with respect to any such Compatible Devices(s) including its accuracy, genuineness and completeness. Stepathlon and VIBC also disclaims all liability for discrepancies between the step count on the compatible device and the Mobile App or Website.
Stepathlon and VIBC undertake that they will:
(a) Conduct the Event as represented on the Mobile Application
(b) Provide to each Participant a distinctive password which will allow the Participants 24 hours per day access to the Mobile Application during the Event Period;
(c) During the Event Period take all reasonable measures to ensure access to the Mobile Application with minimised downtime, if any;
(d) At all times take all reasonable measures to comply with the terms and conditions set out on the Mobile Application (which terms and conditions are hereby deemed to be a part of the Terms and Conditions) from time to time in respect to the gathering, use and disclosure of information pertaining to the Participants;
Participant, undertakes as follows:
(i) To ensure compliance with the Rules and Regulations published on the Mobile Application or as notified by Stepathlon and VIBC from time to time;
(ii) That all requisite details are entered into the Mobile Application by the commencement of the Event.
Each Participant understands and acknowledges that the winner of the Event will be determined by taking into consideration various factors, and not just the number of steps taken, to be decided at the sole discretion of Stepathlon and VIBC. The decision of Stepathlon and VIBC in this regard shall be final and binding.
Stepathlon and VIBC may at its sole discretion provide extra benefits free of cost to the Participants by way of contests, competitions, interactive online events/challenges such as a motivational program, rewards, newsletters, blogs, wellness seminars, informative emails and other electronic communications intended to motivate the Participants, and to make participation in the Event more rewarding and interesting for the Participants.
Contests and challenges will also be held prior to the start of the Race on the Event’s social media pages under the profile name @5xfest, not restricted to Instagram, Facebook. Twitter and Tiktok. All terms and conditions listed in this document shall apply to any pre-race contests and challenges.
Contests/competitions/challenges and rewards (held as a part of the Added Advantages) will be conducted by Stepathlon and VIBC with utmost integrity in accordance with the contests/competition rules communicated to the Participants (by publishing on the Mobile Application or through email notification). Stepathlon and VIBC reserve the right to cancel or amend the terms of the contests/competitions/challenges in its sole discretion. No cash alternative to the prizes will be offered. The prizes shall not be transferable. Prizes are subject to availability and Stepathlon and VIBC reserve the right to substitute any prize with another of equivalent value without giving notice. The winners of any such prizes shall be decided randomly at the sole discretion of Stepathlon and VIBC. All decisions of Stepathlon and VIBC in respect of any contest/competition/challenge or rewards shall be final and conclusive. Stepathlon and VIBC may decide to make the winners’ names public but is under no obligation to do so.
The detailed terms and conditions with respect to the rewards are available in the Annexures below – Regards Terms & Conditions.
The Participant hereby acknowledges that these Added Advantages:
(i) Are neither offered nor guaranteed with the Event;
(ii) Being distinct from the Event, policies specifically applicable to the Event (as set out herein and/or on the Mobile Application) shall not apply to the Added Advantages; and
(ii) In no way impact organisers rights/entitlements in respect of the Event.
Participant, further acknowledges that the obligations of Stepathlon and VIBC hereunder are not applicable in respect of the Added Advantages and will come to an end on the expiry of the last day the Mobile Application remains open for the Participants to enter their step entry for the Event as per the Event Rules.
Stepathlon or VIBC shall not be liable for any delay in performing any of its obligations in respect of or related to the Event as set out herein if such delay is on account of circumstances beyond reasonable control of Stepathlon and VIBC.
The Participant hereby acknowledges and confirms that:
(a) No claim of any liability can be made against Stepathlon, VIBC, and sponsors with respect to the event; and
(b) Stepathlon, VIBC and sponsors will not be liable in any way for any contingent, consequential, indirect, special or punitive damages arising whether due to the negligence of Stepathlon, VIBC and sponsors or otherwise and acknowledges that any such claim shall be limited accordingly.
Each Participant, acknowledges and confirms that Stepathlon, VIBC or sponsors cannot evaluate the appropriateness or any other health risks that may be faced by individual Participants and hence each Participant takes part in the Event entirely and exclusively at his or her own risk. Activities are undertaken at a time and place of a Participant’s choosing, and Stepathlon and VIBC make no recommendations in this regard.
Stepathlon and VIBC may from time to time provide general information about improving fitness levels, health and overall wellbeing while participating in the Event by publishing the same on the Mobile Application (including links to third party websites) and/or through its communications to the Participants. It is hereby expressly stated by Stepathlon and acknowledged by all Participants, that such information:
(i) Does not constitute medical or professional or specific advice; and
(ii) Cannot be relied upon as a substitute for the professional medical/health care and it does not constitute a doctor-patient relationship; and
(iii) That the advice of a doctor or appropriately qualified medical professional, and appropriate medical treatment, for all health related queries or any other medical matter, must be sought without delay and not ignored or suspended on account of any information provided by Stepathlon.
The Participant, agrees to indemnify, hold harmless and defend Stepathlon, VIBC, sponsors and their respective directors, officers, employees and agents from and against any and all claims brought by a Participant or any other person in relation to the Participant’s participation in the Event except in the case of gross negligence or wilful misconduct by Stepathlon, VIBC or the sponsors.
Participants, acknowledge and confirm that all the intellectual property (of whatever nature) comprising the Event (including without limitation the Mobile Application and all the information/data or any other material used to design, create or otherwise develop the same) shall remain the sole and exclusive property of Stepathlon and/or VIBC as the case may be and the Participant, shall not make any claim to any such intellectual property in any manner whatsoever. Access to the Mobile Application and/or participation in the Event does not give the Participant, any right to use any of Stepathlon’s, and /or VIBC’s marketing material, business names, trademarks, logos, domain names or other distinctive brand features. Other trademarks used on the Wellness Platform domain and/or the Mobile Application that belong to third parties are used with permission and remain the intellectual property of the third party.
Stepathlon and VIBC reserve the right to conduct surveys at any time during the year of the Event and use the data (“Survey Data”) generated from the responses to the survey questionnaires by Participants. The processing and analysis of Survey Data shall be for the purpose of Stepathlon’s and VIBC’s activities connected with the Event assessment process including, but not limited to:
(a) The production of End of Event Reports as required for an Event, on Individual basis; and (b) Academic or research purposes with appropriate ethics approval.
The data collected is strictly de-identified in accordance with all privacy protocols. Any information submitted by the Participant in any survey conducted on a third party website or on the Mobile Apllication in relation to the Event may be shared with and accessed by Stepathlon and VIBC for the purposes mentioned above.
Stepathlon and VIBC may amend the T&Cs at any time without prior notice in its sole discretion. Any such changes will be communicated to you in writing.
In order to accept the Prize, please communicate the following to Stepathlon and VIBC by email or as suggested in the instructions on the contest post, within 24 hours of being offered the Prize:
(a) Your acceptance of the Prize
(b) Please share your proof of identity and age as the Competition was open only to persons aged 18 years and above
Stepathlon and VIBC may undertake publicity activities relating to the Competition and the Prize in various media as it may deem fit. You agree to the use of your name, photograph and disclosure of town or region of residence in any such publicity material.
Each Participant participating in the Event is granted a limited, non-exclusive access to the Wellness Platform domain from the date of commencement of the Event until the last day the Mobile Application remains open for the entry of steps and other activities for the Event, which shall be promulgated approaching the last days of the event. Thereafter, access to the Mobile Application , if any, provided by Stepathlon and VIBC, and all acts done pursuant to such access (including without limitation any step and activity level entry recorded by a Participant), shall not be in anyway applicable to or counted for the Event but will be subject to these Terms and Conditions and other applicable policies set out on the Mobile Application .
(a) Shall only use the Mobile Application Platform or the Mobile Application for purposes and in the manner permitted under the Terms and Policies.
(b) Shall access (or attempt to access) the Mobile Application only through the interfaces provided by Stepathlon and VIBC.
(c) Shall not use, copy, distribute or commercially exploit content appearing on the Wellness Platform domain and/or Mobile Application except as permitted with Stepathlon and VIBC’s prior written consent.
(a) modify or withdraw, temporarily or permanently, the Wellness Platform domain (or any part of it). All reasonable efforts will be made to provide timely warning of such loss of service. However, Stepathlon and VIBC is not responsible for backing up or saving any material placed on the Wellness Platform domain. Participants are strongly advised to keep backups of any and all material uploaded on the Wellness Platform domain; and/or
(b) change these Terms, Conditions & Privacy from time to time. Continued use of the Wellness Platform domain (or any part of it) by a Participant following such change shall be deemed to be acceptance of such change. It is the Participant’s responsibility to check regularly to determine whether the Usage Terms have been changed; and/or
(c) Monitor any activity and content associated with the Wellness Platform domain and/or the Mobile Application.
The contract for the Participant, in respect of the Event shall be deemed to have been made in Mumbai, India, governed by laws of India and any disputes or claims shall be submitted to the sole jurisdiction of the appropriate court situated in Mumbai.
No variation to these Terms and Conditions as between the Parties shall be enforceable unless the same is made in writing and is duly executed by the Participant and Stepathlon and VIBC.
The Parties hereby acknowledge and agree that each of the Terms and Conditions shall be binding upon them except to the extent any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable. The Participant, further acknowledges and confirms that any part of such Terms and Conditions can be severed without affecting the validity or enforceability of any other part. Each Party agrees to be bound by these Terms and Conditions.
The Parties agree that they must do all things necessary (including the execution of any further documentation) in order to give effect to the Parties’ rights and obligations in respect of the Event set out in these Terms and Conditions or on the Mobile Application .
Participant and Stepathlon and VIBC warrants to each other that they have the power to bind itself in the manner contemplated by the Terms and Conditions and/or any other terms/policies set out in Mobile Application .
Each Party agrees to be bound by these Terms and Conditions.
Stepathlon Lifestyle Pvt. Ltd. (“Stepathlon”) is a private limited company incorporated under the provisions of the Companies Act, 1956 and VIBC is a not-for-profit organization dedicated to community engagement and artistic excellence.
Stepathlon and VIBC operates secure data networks that are designed to protect your privacy and security. Stepathlon and VIBC will only use the personal information you have chosen to provide us for the purpose for which you provided it. Stepathlon and VIBC will not use it for any other purpose without your consent.
In general, you can browse the Mobile Application without telling Stepathlon and VIBC who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us.
Stepathlon and VIBC may collect personal information, as well as sensitive personal information about you during registration process and by means of surveys and health assessments before, during and after the Event. This data may be used for aggregate reporting purposes, to assess and advise you on your health and wellbeing needs, and for scientific research purposes with appropriate ethics approval.
You may receive a summary of your health and wellbeing scores based on the data that you submit. Stepathlon and VIBC may also indicate how your score compares to an overall event or population scores. Reports are supervised by qualified academic personnel who are trained to interpret results. You may get suggestions for continuing to improve your health and wellbeing.
Sometimes Stepathlon and VIBC may specifically ask for personal information about you when you sign up to use a service through the Mobile Application . Certain information may be required (such as your name, age, internet address or screen name, billing address, type of computer or device) to provide that service or product to you. Information collected from you may also be used to send you relevant communication related to additional products and services which may interest you, newsletters, health and nutrition tips, updates and information, marketing information, to administer contests you have participated in, notify you about the same, improve the Mobile Application and its functionalities, to display content based on your interests, etc.
If you provide us with personal information about other individuals, you must ensure that those persons have been made aware of the above matters. Where the information collected relates to health, criminal records, or other sensitive information, you must obtain it with the individual's consent.
You may also have the ability to add the personal information of third party individuals into the Mobile Application for invitational and registration purposes. Please note that such information will be used for the limited purpose it has been provided for.
Stepathlon and VIBC automatically gathers anonymous information to monitor the use of the Mobile Application. Stepathlon and VIBC only uses such data in the aggregate. Stepathlon and VIBC may publish or provide this aggregate data to other people.
The cookies can be removed by following directions provided in your internet browser’s “help” directory. Rejecting the cookies will not affect your use of the Mobile Application , but your access to some areas of the Mobile Application may be limited.
There will be occasions where it will be necessary for Stepathlon and VIBC to disclose your personal information and sensitive personal information to third parties. Stepathlon and VIBC may be required by law to disclose the information, or Stepathlon and VIBC may be required to disclose your personal information to third parties to provide the service you have requested, for research purposes according to the requirements of ethics approval, to resolve disputes, troubleshoot problems help promote a safe service, customize your experience and enforce our terms and conditions. However, the disclosure will only be made where it is necessary to fulfil the purpose for which you disclosed your personal information or sensitive personal information. Otherwise than stated above, Stepathlon and VIBC does not disclose personal information that you may give it such as your name, address, email address or telephone number, to any organisation or person outside Stepathlon and VIBC unless you have authorised it to do so. Further, before sharing any of your personal and sensitive personal information with any third party, Stepathlon and VIBC will ensure that the third party concerned maintains at a minimum, reasonable data practices for maintaining the confidentiality and security of the personal and sensitive personal information and preventing unauthorized access.