Terms of Service

Pathbeat India Technologies Pvt Ltd

Last Updated: August 16, 2024

These terms and conditions of use (these “Terms”) apply to your use of www.pathbeat.in pathbeat app (the “App”) on Google Playstore and Apple Appstore or any successor website of Pathbeat (the “Site”) and any services or content made available through the Site (collectively, with the Site, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise. Customers and distributors of Pathbeat products and services may be subject to additional terms and conditions.

Accepting these Terms

BY CLICKING TO INDICATE YOUR ACCEPTANCE OF THESE TERMS OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU ARE ACCESSING OR USING OUR SERVICES ON BEHALF OF ANOTHER PERSON (SUCH AS USING THE SERVICES TO BOOK A TOUR FOR MULTIPLE PEOPLE OR GROUPS), YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON THAT PERSON OR GROUP’S BEHALF.  IF ANYTHING IN THESE TERMS DOES NOT MAKE SENSE TO YOU, PLEASE LET US KNOW.  IF YOU DO NOT AGREE TO THESE TERMS, IN PARTICULAR THE TERMS RELATED TO MEDICAL INFORMATION OR ARBITRATION, DO NOT ACCESS OR USE THE SERVICES.

Changes to these Terms

We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, providing you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the Services after we have posted the changed Terms, then you have accepted the changes to these Terms.

Privacy Policy

For information about how we collect, use and share information about users of the Services, please see our privacy policy page

Eligibility, Registration, and Account

The Services are not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, or the age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. To access and use certain features of the Services, and in consideration of your use of the Services, you agree: (i) to provide accurate, current and complete information about yourself as may be requested by any signup forms or during account registration (collectively, “Signup Data”); (ii) to maintain and promptly update your Signup Data as necessary to keep it accurate, current and complete; (iii) if you register for an online account, to maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Pathbeat; and (iv) promptly notify Pathbeat if you discover or otherwise suspect any security breaches related to the Services.

You are responsible for the security of your accounts and any activities performed under your accounts, whether or not such actions were authorised by you. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME AND PASSWORD WILL BE ABLE TO ACCESS AND USE YOUR ACCOUNT, AND MAY BE ABLE TO ACCESS YOUR SIGNUP DATA AND OTHER PERSONAL INFORMATION ASSOCIATED WITH YOUR ACCOUNTS. AS A RESULT, YOU WILL NOT: (I) SHARE YOUR ACCOUNT PASSWORDS WITH ANY OTHER PERSON; OR (II) PROVIDE ACCESS TO YOUR ACCOUNTS OR THE SERVICE TO ANY OTHER PERSON.

YOU ACKNOWLEDGE AND AGREE THAT USING THE SAME PASSWORD FOR YOUR PATHBEAT ACCOUNT AS YOU USE FOR ANY THIRD-PARTY ACCOUNT CONSTITUTES A SECURITY RISK. YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNTS. PATHBEAT IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNTS OR OTHER LOSS OR DISSEMINATION OF YOUR SIGNUP DATA.

If you suspect any security breaches related to your user account, please notify us by contacting contact@pathbeat.in

Right to Use the Services

On the condition that you fully comply with these Terms, Pathbeat grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Services or any contents of the Services; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services; (c) disassemble, decompile or reverse engineer any of the software components of the Services; (d) copy, frame or mirror any part of the Services; (e) interfere with or disrupt the integrity or performance of the Services; or (f) attempt to gain unauthorized access to the Services or its related services, components, systems or networks.

Pathbeat’s Rights

As between you and Pathbeat, all information, materials and content of the Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, logos and trademarks, images, software, services, videos, typefaces, source and object code, format, queries, algorithms and other content is owned by Pathbeat or is used with permission. Pathbeat reserves all rights not expressly set forth in these Terms.

Downloadable Content

Pathbeat may permit you to download certain tip sheets, packing lists or other content from any Services (“Downloadable Content”). For clarity, Downloadable Content includes only content that Pathbeat specifically designates on the Services as available for download by users, even though you may be able to copy or download other content through your web browser or by other means. Downloadable Content does not include any software that Pathbeat may allow you to download from any Services (the use of such software is governed by the agreement you accept when you download, install, register or use such software). Pathbeat grants you a non-exclusive, non-sublicensable, non-transferable license to download, reproduce and use the Downloadable Content for your own non-commercial and personal use only, provided that you use the Downloadable Content (a) in accordance with applicable law, (b) in a manner that does not disparage or otherwise harm any of Pathbeat’s products, services or brands, and (c) otherwise in accordance with the usage guidelines and instructions that Pathbeat may make available on the Services from time to time. Without limiting the foregoing, you may not use any Downloadable Content for any business or other commercial purposes (business or commercial purposes does not exclude use for purposes of seeking employment through the Services) without Pathbeat’s prior written approval. You are solely responsible for your use of Downloadable Content. All goodwill arising from your use of the Downloadable Content will insure solely to the benefit of Pathbeat. Pathbeat may revoke this license at any time.

Third Party Materials

We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). We do not control or endorse any Third-Party Materials nor are we responsible for reviewing the accuracy of any Third-Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third-Party Materials, are solely between you and the applicable third party. Third Party Materials may also include, but not be limited to,links to third party websites or services that we recommend for purchasing Pathbeat products and services. When you leave the Services, you should be aware that these Terms and all other Pathbeat policies no longer govern your use of other websites and services.

User Content

The Services may include interactive features, forums and areas that allow users to create, post, transmit or store content (collectively, “User Content”). You understand that your User Content may be viewable by other users of the Services or by the public. You agree that you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.

Without limiting the foregoing, by using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

• User Content that is untruthful, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including but not limited to any copyright law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
• User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; or
• User Content that, in the sole judgment of Pathbeat, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Pathbeat or our users to any harm or liability of any type.

You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:

• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
• Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
• Use or attempt to use another user’s personal information without permission;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• Develop any third-party applications that interact with User Content and the Services without our prior written consent; or
• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

Pathbeat is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is Pathbeat responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely in Pathbeat’s discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of Pathbeats’ right to enforce these Terms in other instances. At the same time, Pathbeat encourages you to report User Content that violates these Terms by contacting us at contact@pathbeat.in In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, Pathbeat is not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although Pathbeat has no obligation to screen, edit or monitor any User Content, Pathbeat reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.

Rights in User Content

You retain all ownership rights in the User Content you submit to Pathbeat. By submitting or posting User Content on the Services, you grant Pathbeat a non-exclusive, royalty-free, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in connection with the Services.

By submitting or posting User Content through the Services, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule or regulation.

Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Pathbeat has adopted a policy of terminating, in appropriate circumstances and in Pathbeat’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Pathbeat may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Feedback

Any suggestions, comments or other feedback you give us about the Services or any Pathbeat products and services will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Indemnification

You agree to defend, indemnify and hold harmless Pathbeat, its affiliates, and their respective directors, officers, employees, agents and representatives (collectively, the “Pathbeat Parties”), from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, including without limitation any actual or threatened suit, demand or claim arising out your violation of these Terms or your violation of the rights of any third party.

Disclaimers

THE SERVICES AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL PATHBEAT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF PATHBEAT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF PATHBEAT’ ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES MAY NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PATHBEAT FOR ACCESS TO OR USE OF THE SERVICES.

Release

To the fullest extent permitted by applicable law, you release the Pathbeat Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to your use of the Services or violation (or alleged violation) of these Terms.

Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to India and other countries, where you may not have the same rights and protections as you do under local law.

Changes to the Services

Pathbeat reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Services and/or any features, information, materials or content on the Services with or without providing notice to you. Pathbeat will not be liable to you or any third party for any changes or discontinuance of the Services or any part of the Services.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Pathbeat and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Pathbeat seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Pathbeat seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Pathbeat waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in appropriate Indian territory.

You and Pathbeat agree that any dispute arising out of or related to these Terms or our Services is personal to you and Pathbeat and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND PATHBEAT WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM. 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this paragraph by emailing us at contact@pathbeat.in In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law section of these Terms.

Governing Law

These Terms will be governed by and construed and enforced in accordance with the laws of the Indian state, without resort to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

General

Enforcement of these Terms is solely at Pathbeat’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Contact Us

If you have any questions about these Terms or the Pathbeat products and services, please contact us at contact@pathbeat.in