These Terms and Conditions (“Terms”) govern enrolment in and participation at Xcetra.
By registering on the Verge or other available registration links, paying any Fee, or attending a session, a Member accepts these Terms, the Privacy Policy and the Payment Policy, each of which forms part of a single set of contractual documents between the Member and the Company.
These Terms and Conditions (“Terms”) govern enrolment in and participation at Xcetra. By registering on the Verge or other available registration links, paying any Fee, or attending a session, a Member accepts these Terms, the Privacy Policy and the Payment Policy, each of which forms part of a single set of contractual documents between the Member and the Company.
In these Terms, unless the context otherwise requires, the following terms have the meanings set out below:
A Member must be at least 18 years of age. A minor between 14 and 18 years may participate only with the written consent of a parent or legal guardian, who shall accept the registration form and assume responsibility for the minor's compliance with these Terms.
Registration requires accurate personal and health information. A Member is responsible for promptly updating any material change, including a change in medical fitness to undertake running or endurance training whenever required by the platform.
Enrolment becomes effective only on receipt of the applicable Fee in accordance with the Payment Policy.
A Member shall follow the safety instructions of coaches and run leaders, arrive suitably equipped, and refrain from conduct that endangers or harasses other Members, coaches or the public.
The Company may refuse entry to, or remove from, a session any individual whose conduct breaches Clause 4.1, without any refund of Fees for the session or period during which the breach occurred.
Where a Member posts a comment, photograph or other content on the Verge (including any community or social feature), the Member shall not post content that is defamatory, obscene, harassing, discriminatory, infringes a third party's rights, or is otherwise unlawful. The Member remains solely responsible for content they post. The Company may ask to remove any content that breaches this Clause and may suspend the posting Member's access to that feature or take any appropriate actions to do so.
Running and related physical training carry an inherent risk of injury. By enrolling, a Member confirms that they are medically fit to participate and have disclosed any pre-existing condition relevant to that fitness.
A Member participates at their own risk. The Company is not liable for injury or health complications arising from participation, except where caused by the Company's proven negligence or wilful default.
Health information disclosed under this Clause is processed strictly in accordance with the Privacy Policy.
The Company may photograph or film sessions and events for promotional use on the Platform and its social media channels. A Member who does not wish to be identifiably featured must notify the Grievance Officer in writing before the relevant session.
Fees payable for a Membership Plan, the billing cycle, accepted payment methods, and the entitlement to cancellation or refund are set out exclusively in the Payment Policy.
This Clause does not restate those terms; in the event of any apparent inconsistency, the Payment Policy governs on all matters of fees, cancellation and refunds, as set out in Clause 16.
The Company may suspend or terminate a Membership Plan for breach of Clause 4, Clause 3.2 or Clause 5 on 7 (seven) days' written notice specifying the breach or for non payment of Fees, except where the breach involves an immediate safety risk, in which case suspension may take effect immediately.
A Member may terminate their Membership Plan by written notice to the Company. Any consequent refund is governed by the Payment Policy.
To the maximum extent permitted by law, the Company's aggregate liability to a Member under these Terms shall not exceed the Fees paid by that Member for the Membership Plan in the 3 (three) months preceding the event giving rise to the claim.
Nothing in this Clause excludes liability that cannot lawfully be excluded.
A Member shall indemnify the Company against loss, damage or claim arising from that Member's breach of these Terms, wilful misconduct, or provision of inaccurate health information under Clause 6.1.
Neither party is liable for delay or non performance caused by circumstances beyond its reasonable control, including extreme weather, civil disturbance, pandemic related restrictions or government directives. Fees for sessions cancelled on this ground are dealt with under the Payment Policy.
Personal and health information collected under these Terms is processed in accordance with the Privacy Policy, which is incorporated by reference.
The Company has designated the following Grievance Officer under Section 5 of the Information Technology Act, 2000 read with Rule 5(9) of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and in anticipation of the corresponding obligations under the Digital Personal Data Protection Act, 2023 as they come into force:
Name:Mr. Prakash Pacha
Address:No.3/2, Basha Sahib Street, Pudupet, Chennai, Tamil Nadu – 600002
Email:prakashpacha@xcetra.com
Phone:+91 9094600240
A complaint will be acknowledged within 2 (two) working days and, where practicable, resolved within 30 (thirty) days of acknowledgement.
The Company may amend these Terms prospectively by posting the revised version on the Platform with an updated date. Material changes affecting an active Membership Plan will additionally be notified to the Member, and continued attendance after the effective date constitutes acceptance.
Where these Terms are silent on a matter that the Payment Policy or Privacy Policy addresses expressly, the more specific document governs that matter, as set out in this Clause 16.
These Terms, the Privacy Policy and the Payment Policy together constitute the complete agreement between the Member and the Company and are to be read as one set of documents.
No document is intended to, and none shall be read to, contradict another; any apparent conflict is resolved by this order of precedence for the relevant subject matter.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.
This document is governed by the laws of India. The courts at Chennai, Tamil Nadu shall have exclusive jurisdiction over any dispute arising out of or in connection with this document, without prejudice to the grievance redressal process set out above.
