Terms and conditions - radian move

TERMS AND CONDITIONS

Radian Move is owned by Kratos Artificial Intelligence Pvt Ltd, based in Mumbai India. All communication, and terms and conditions of the app will be under the name of Radian Move, which is wholly owned by Kratos Artificial Intelligence.

By accessing or using any of Radian (“RADIAN “) Internet properties including, without limitation, www.Radianmove.com, and any others released by RADIAN from time to time (collectively referred to as the “RADIAN Mobile App”) you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as RADIAN ‘s Privacy Policy and Code of Conduct, which are incorporated by this reference. If you do not agree to these Terms of Use, the Privacy Policy and Code of Conduct, you must immediately terminate your use of RADIAN Mobile App.

You may print or save a copy of these Terms of Use for your records.

License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable access and use of RADIAN Mobile App conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use RADIAN Mobile App, and RADIAN Content (as defined below) for your noncommercial personal use and for no other purpose. RADIAN reserves the right to bar, restrict or suspend any user’s access to RADIAN Mobile App, and/or to terminate this license at any time for any reason. RADIAN reserves any rights not explicitly granted in these Terms of Use.
License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive RADIAN ‘s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), RADIAN Mobile App, any RADIAN Content (as defined below), or any portion thereof. Furthermore, you may not (i) use RADIAN Mobile App for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to RADIAN Mobile App, including RADIAN Content; (ii) interfere with the proper working of RADIAN Mobile App including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of RADIAN Mobile App.
Your Acceptance; Revisions to Terms of Use. RADIAN Mobile App are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and RADIAN regarding your use and access to RADIAN Mobile App. By using RADIAN Mobile App you agree to the Terms of Use.

RADIAN reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to RADIAN Mobile App. Your use of RADIAN Mobile App signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to RADIAN Mobile App. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which RADIAN had actual notice on or before the date of any such revision.

Additional Terms and Conditions. RADIAN ‘s Privacy Policy, Code of Conduct, as well as additional terms and conditions applicable to certain portions of RADIAN Mobile App (collectively “Additional Terms and Conditions”) are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the RADIAN activity in which you choose to participate, the Additional Terms and Conditions shall govern.
Click-Through Agreements. Before using certain areas of RADIAN Mobile App you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the RADIAN activity in which you choose to participate, the Click Through Agreement will govern.
Personal Login Information. Certain features and areas of RADIAN Mobile App are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information on RADIAN Mobile App is personal to you and you may not allow any third party to use it under any circumstances. RADIAN is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact RADIAN immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
Privacy Policy. For information about RADIAN ‘s data protection practices and RADIAN ‘s use and protection of your personal information, please read RADIAN ‘s Privacy Policy which is incorporated into and made a part of these Terms of Use.
User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of RADIAN Mobile App and not interfere with the use and enjoyment of RADIAN Mobile App by other users or with RADIAN ‘s operation and management of RADIAN Mobile App. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on RADIAN Mobile App, including, without limitation, information required to be provided through an RADIAN registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, RADIAN reserves the right to terminate your access and use of RADIAN Mobile App. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using RADIAN Mobile App, or defame or otherwise harm any party, including RADIAN , through your use of RADIAN Mobile App.
User-Generated Content. RADIAN does not claim ownership of content that you post on or through RADIAN Mobile App, such as comments or posts that you submit on forums, blogs, or other Mobile App (“User-Generated Content”). When submitting User-Generated Content, you will abide by RADIAN ’s Code of Conduct. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to RADIAN a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to RADIAN ’s Privacy Policy.
Proprietary Rights. The content of RADIAN Mobile App includes, without limitation, (i) RADIAN ‘s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “RADIAN Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through RADIAN Mobile App (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “RADIAN Content”). RADIAN Content is the property of RADIAN , its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to India copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any RADIAN Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from RADIAN or the owner of such content if RADIAN is not the owner. Any use of RADIAN Marks without RADIAN ‘s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in RADIAN Content, including any such notices appearing on any RADIAN Content you are permitted to download, transmit, display, print, or reproduce from RADIAN Mobile App.
Responsibility for Use of the Internet and RADIAN Mobile App. Use of the Internet and RADIAN Mobile App is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. RADIAN does not guarantee the confidentiality or security of any communication or other material transmitted to or from RADIAN Mobile App over the Internet or other communication network. RADIAN shall not be obligated to correct or update RADIAN Mobile App, RADIAN Content or the User-Generated Content and RADIAN shall not be liable for omissions, typographical errors, or out-of-date information which may appear on RADIAN Mobile App.
Disclaimer. RADIAN Content is provided for informational purposes only, is believed to be current and accurate at the time of posting, and is not intended as, and should not be construed to be, legal, financial, medical, or consulting advice. Physicians and other qualified health care practitioners should exercise their professional judgment in connection with the provision of services and should seek legal advice regarding any legal questions. References and links to third parties do not constitute an endorsement or warranty by RADIAN and RADIAN hereby disclaims all express and implied warranties of any kind.
User Information. RADIAN Mobile App, including any public forums which you may access via RADIAN Mobile App, may contain confidential user information (“Patient Information”). You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of user Information. You are solely responsible for obtaining and maintaining any user consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of user Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of user Information.

Leagues

General
- Kratos Artificial Intelligence Private Limited, on behalf of itself and its affiliates/group companies under the brand ‘Radian Mobility’ (“Kratos”, “us”, “our” or “we”), is the author and publisher of the internet resource radianmobility.com and the mobile application ‘Radian Mobility’ (together, “Mobile Application”). Kratos owns and operates the services provided through the Mobile Application. Unless otherwise specified, all references to our services include the technology, content, services, contests, competitions, and products available through the Mobile Application, as well as any software that Kratos provides to you that allows you to access the Services.

The competition/contest (“League”), is organized, conducted, and promoted by Kratos. Users of the Mobile Application may participate in the League by paying the pre-designated entry fee. The League is not a game of chance, and is significantly in the nature of a sporting competition enabled by the features of the Mobile Application, where the success of the participant depends entirely on their physical skills and capabilities.

League Format, Participation, and Prize Money
- As part of its services, Kratos may make available the League(s) on the Mobile Application.

Currently only one (1) format of the League(s) is made available on the Mobile Application. The number of Participants required to make the Contest(s) operational will be pre-specified and once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational.

Currently, the League is made available on the Mobile Application. Individual users wishing to participate in the League (“Participants”) are invited to utilize the Mobile Application and its features to partake in certain physical activities such as walking, climbing (stairs), and basic free-hand exercises to gain points/boosts. Kratos offers its Mobile Application to Participants for the League(s) being created relating to physical or sporting activities, and Participants can participate in such League(s), individually.

Depending upon the circumstances of each League, the Participants can participate in the physical activities after the commencement of the League as declared on the Mobile Application to gain points/boosts till the pre-determined deadline.
Currently, the League(s) available on Kratos’ Mobile Application requires the Participants to make an entry fee to participate in the League. Users may participate in the League(s) by paying the pre-designated amount as provided on the relevant League page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing Kratos services and pre-determined participant’s contribution towards the prize money pool. The Participant(s) with the highest aggregate points/boosts and/or pre-determined ranks at the conclusion of the League shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant League(s) page.
When redeeming money earned through participating Kratos’ Mobile Applications reward leagues, please note that there will be charge a 3.5% redemption fee. This fee will be automatically deducted from the amount being redeemed.
For the rewards given out on Kratos’ Mobile Application Apple Inc. is not affiliated with or a sponsor of any rewards or incentives offered through our programs.

Registration for the League
- In order to register for the League(s), Participants are required to accurately provide the following information:

Full Name
E-mail address
Password
State of Residence
Gender
Date of birth

Participants are also required to confirm that they have read, and shall abide by, these Terms.

In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, Tamil Nadu, or Telangana such User will not be permitted to proceed to sign up for any League in the paid version of the League as described below.

Eligibility
- The League(s) are open only to persons above the age of eighteen (18) years.

The League(s) are open only to persons, currently residing in India.

Kratos may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the League(s). Currently, individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, Tamil Nadu or Telangana may not participate in the paid version of the League(s) as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.

Persons who wish to participate must have a valid email address.

Only those Participants who have successfully registered on the Mobile Application as well as registered prior to each League in accordance with the procedure outlined therein shall be eligible to participate in the League and win prizes.

Conditions of Participation
- By entering the League, user agrees to be bound by these Terms and Conditions and the decisions of Kratos. Subject to the terms and conditions stipulated herein below, Kratos, at its sole discretion, may disqualify any user from the League, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Kratos deems to be improper, unfair or otherwise adverse to the operation of the League or is in any way detrimental to other Users which includes, but is not limited to:
  - Falsifying one’s own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by Kratos to enter the League and/or claim a prize/winning);
  - Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc., to enter a League or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user;
  - Colluding with any other user(s) or engaging in any type of syndicate play;
  - Any violation of League rules or this Terms and Conditions;
  - Accumulating points/boosts or prizes through unauthorized methods such as automated bots, or other automated means;
  - Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Mobile Application or of any User for any purpose;
  - Tampering with the administration of the League or trying to in any way tamper with the computer programs or any security measure associated with a League;
  - Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Kratos Users, sending unwarranted email content either to selected Users or in bulk); or
  - Abusing the Mobile Application in any way.

Payment Terms
- In respect of any transactions entered into on the Mobile Application, including making a payment to participate in the paid versions of the League(s), Participants agree to be bound by the following payment terms:

The payment of pre-designated amount Users make to participate in the League(s) is inclusive of the pre-designated platform fee for access to Kratos’ services charged by Kratos and the pre-determined Participant’s contribution towards prize money pool.

Subject to these Terms and Conditions, all amounts collected from the Participants shall be through a third party payment partner. Pay-outs are also enabled by the said payment partner and are utilized to make payments to (a) Participants (towards their withdrawals), (b) Kratos (towards its Platform Fees) and to (c) Government (towards any TDS on Winnings Amount). Kratos receives only its share of the platform fees through the said payment partner.

Kratos reserves the right to charge a Platform Fee, which would be specified and notified by Kratos on the League page, being created on the Mobile Application, prior to the Participant joining the League.

The Participant may participate in the League wherein the Participant has to contribute a pre-specified contribution towards the Prize Money Pool of such League, which will be passed on to the Winner(s) of the League after the completion of the League as per the terms and conditions of such League. It is clarified that Kratos has no right or interest in this prize money pool, and only acts as an intermediary engaged in collecting and distributing the prize money pool, save and except its Platform Fee, in accordance with the League terms and conditions. The amount to be contributed by the Participant to participate towards the Prize Money Pool would also be debited from the User’s account balance maintained with Kratos or the payment partner.

Any user availing Kratos services are provided with two categories of accounts for the processing and reconciliation of payments: (i) Entry Fee Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the Participant’s accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:

Participant’s winnings in any League will reflect as credits to the Participant’s Winnings Account.
Participant’s contribution through the designated payment gateway towards the entry fee shall be credited to Participant’s Entry Fee Account.

Each time a Participant participates in any League on the Mobile Application, the pre-designated amount shall be debited from the Entry Fee Account. In debiting amounts from the Participant’s accounts towards the Entry Fee of such Participant, it shall be debited from the Participant’s Entry Fee Account and thereafter, any remaining amount of participation fee shall be debited from the Participant’s Winning Account.

In case there is any amount remaining to be paid by the Participant in relation to such to Participant’s participation in any League(s), the Participant will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the Participant through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the Participant’s Entry Fee Account and will be available for use in participation in any other League(s).

Debits from the Entry Fee Account for the purpose of enabling a user’s participation in a League shall be made in order of the date of credit of amounts in the Entry Fee Account, and accordingly amounts credited into Entry Fee Account earlier in time shall be debited first.

Withdrawal of any amount standing to the Participant’s credit in the Winnings Account may be made by way of a request to Kratos. Kratos shall effect an online transfer through the payment partner to the Participant’s bank account on record with Kratos within a commercially reasonable period of time through the payment partner. Such transfer will reflect as a debit to the Participant’s Winnings Account. Kratos shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the Participant’s bank account on record with Kratos.

Participants are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for Kratos to process the withdrawal request. The name mentioned on the Participant’s photo identification document should correspond with the name provided by the Participant at the time of registration on Kratos, as well as the name and address existing in the records of the Participant’s bank account as provided to Kratos.

Participant agree that once they confirm a transaction on Kratos, they shall be bound by and make payment for that transaction. A transaction, once confirmed, is final and no cancellation is permissible.

The Participant acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Kratos has on third parties, any transactions on Kratos Platform may take up to 24 hours to be processed. Any amount paid or transferred into the Participant’s Entry Fee Account or Winnings Account may take up to 24 hours to reflect in the Participant’s Entry Fee Account or Winnings Account balance. Users agree not to raise any complaint or claim against Kratos in respect of any delay, including any lost opportunity to join any League due to delay in crediting of transaction amount into any of the Participant’s accounts.

Kratos may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the Participant after deducting applicable cancellation charges and taxes. At the time of the transaction, Participant may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.

Selection and Verification of Winners and Conditions relating to the Prize Money

Selection of Winners
- Winners will be decided on the basis of the total boosts/points in the League. The Participant(s) with the highest aggregate score in a particular League shall be declared the Winner(s). Kratos may declare more than one winner and distribute prizes to such winners in increasing order of their aggregate score at the end of the League. The contemplated number of Winners and the prize due to each Winner in such League shall be as specified on the League page prior to the commencement of the League.

In the event of a tie, the winning Participants shall be declared Winners and the prize shall be equally divided among such Participants.

Kratos shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the Mobile Application.

Contacting Winners
- Winners shall be contacted by Kratos on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:

Photocopy of the Participant’s PAN card;
Photocopy of a government-issued residence proof;
Participant’s bank account details and proof of the same and/or UPI address.

Kratos shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Kratos. The Participant represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.

Participants are required to provide proper and complete details at the time of registration. Kratos shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.

The list of Winners shall be posted on the Mobile Application. The winners will also be intimated by e-mail.

In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from Kratos, such Participant may contact Kratos within the time specified on the Mobile Application.

Verification Process

Only those winners who successfully complete the verification process and provide the required documents within the time limit specified by Kratos shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Kratos shall not entertain any claims or requests for extension of time for submission of documents.
Kratos shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following:

Determination by Kratos that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
Participant does not fulfil the Eligibility Criteria specified above.

Taxes Payable
- All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. The TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of INR10,000/- (Rupees Ten Thousand) is 30% (thirty percentage). TDS of 30% shall be deducted on Net Winnings (prize money amount – League entry amount). In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Kratos in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions.

The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc., in respect of the prize money.

Miscellaneous
- If it comes to the notice of Kratos that any governmental, statutory or regulatory compliances or approvals are required for conducting any League(s) or if it comes to the notice of Kratos that conduct of any such League(s) is prohibited, then Kratos shall withdraw and /or cancel such League(s) without prior notice to any Participants or winners of any League(s). Participants agree not to make any claim in respect of such cancellation or withdrawal of the League(s) it in any manner.

Employees are not be eligible to participate in any League(s).

The decision of Kratos with respect to the awarding of prizes shall be final, binding and non-contestable.

Acceptance of a prize by the Winner constitutes permission for Kratos, and its affiliates to use the Winner’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.

Participants playing the paid formats of the Leagues(s) confirm that they are not residents of any of the following Indian states – Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, Tamil Nadu or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, Kratos shall disqualify such Participant and forfeit any prize won by such Participant. Any amount remaining unused in the Participant’s Entry Fee Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the Participant by an online transfer to the Participant’s bank account on record with Kratos, subject to the processing fee (if any) applicable on such transfers as set out herein.

If it is found that a Participant playing the paid formats of the League(s) is under the age of eighteen (18), Kratos shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Kratos may, at its sole and absolute discretion, suspend or terminate such Participant’s account.

Kratos may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Kratos or question its right to modify such prizes being offered, prior to closure of the Contest.

Release and Limitations of Liability
- Users shall access the Kratos services provided on the Mobile Application voluntarily and at their own risk. Kratos shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Participants or any other person or entity during the course of access to the services [including participation in the League(s)] or as a result of acceptance of any prize.

Users shall indemnify, defend, and hold Kratos harmless from any third party/entity/organization claims arising from or related to such Participant’s engagement with Kratos or participation in any League. In no event shall Kratos be liable to any Participant for acts or omissions arising out of or related to Participant’s engagement with Kratos or his/her participation in any League(s).

In consideration of Kratos allowing Participants to access its services, to the maximum extent permitted by law, the Participants waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Kratos, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Kratos’ services or related to the Leagues or the prizes of the Leagues.

Data Collection

Radian will be collecting the user’s name, user Id and email, mobile numbers, height, weight, gender, in order to identify and communicate with the user at the backend for the third party login providers

Radian will also be collecting the workout tracking data from the users workout which includes but will not be limited to joint coordinates, correct and incorrect postures of each exercise, repetition counts

Radian will be collecting crash reports to help debug when users have issues with the application

Radian will collect and track usage metrics to gauge user engagement with our features

Users can Email [email protected] with your email and we will get in contact with you to complete a simple verification process and then delete your data.

Third Party Information. RADIAN Mobile App may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of RADIAN Mobile App are those of the respective third party and not of RADIAN or its affiliates. RADIAN makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
Advertisers. RADIAN Mobile App may contain advertisements of third parties. The inclusion of advertisements on RADIAN Mobile App does not imply endorsement of the advertised products or services by RADIAN . RADIAN shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on RADIAN Mobile App. Furthermore, RADIAN shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on RADIAN Mobile App. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
Links to Third Party Mobile App. RADIAN Mobile App may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which RADIAN exercises no control. The appearance of any such third party links (provided by RADIAN or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to RADIAN Mobile App, you do so entirely at your own risk.
Links to RADIAN Mobile App and RADIAN Content. Links posted by third parties to RADIAN Mobile App and/or RADIAN Content may not use RADIAN trademark or logo and shall not suggest that RADIAN promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Mobile App, content, or information. Any links to any portion of RADIAN Mobile App shall be the responsibility of the linking party. RADIAN reserves the right to require any linking party to disable or remove any link that violates RADIAN ‘s rights or causes interruption or deterioration of RADIAN Content.
Warranties Disclaimed. RADIAN MOBILE APP AND RADIAN CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER RADIAN , ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “RADIAN PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) RADIAN MOBILE APP OR RADIAN CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO RADIAN MOBILE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH RADIAN MOBILE APP WILL MEET YOUR EXPECTATIONS; OR (iv) RADIAN CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON RADIAN MOBILE APP. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability. RADIAN PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE TO RADIAN OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE RADIAN MOBILE APP AND/OR ANY RADIAN CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF RADIAN MOBILE APP AND/OR RADIAN CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM RADIAN MOBILE APP, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM RADIAN MOBILE APP; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON RADIAN MOBILE APP; (vii) FROM ANY DELAY OR FAILURE OF RADIAN MOBILE APP ARISING OUT OF CAUSES BEYOND RADIAN ‘S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, RADIAN CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, RADIAN MOBILE APP (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY MOBILE APP; OR (xi) OUT OF ANY OTHER MATTER RELATING TO RADIAN MOBILE APP OR RADIAN CONTENT.
In the event that you are dissatisfied with, or dispute, these Terms of Use, RADIAN Mobile App and/or RADIAN Content, your sole right and exclusive remedy is to terminate your use of RADIAN Mobile App, even if that right or remedy is deemed to fail of its essential purpose. You confirm that RADIAN has no other obligation, liability or responsibility to you or any other party.
Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR TO RADIAN CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL TO RADIAN . ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND RADIAN ‘S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless RADIAN Parties from and against all claims arising from or in any way related to your use of RADIAN Mobile App and/or the RADIAN APP, a violation by you of these Terms of Use, or any other actions connected with your use of RADIAN Mobile App and/or RADIAN APP, including any personal injury while using the app, any liability or expense, losses,(actual and consequential), suits, judgments, litigation costs and attorneys’ fees. RADIAN will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to RADIAN Parties other than under this Section.
Term and Termination. These Terms of Use will take effect at the time you begin using RADIAN Mobile App. RADIAN reserves the right, with or without notice, at any time and for any reason to deny you access to RADIAN Mobile App or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use RADIAN website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of RADIAN Mobile App, including any RADIAN Content, in your possession.
Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) RADIAN Mobile App, and iv) any products and services accessed or purchased through RADIAN Mobile App shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the International Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Mumbai, India. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the International Arbitrators Association shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. RADIAN reserves all rights and remedies available to it in law or equity.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.

Governing Law. These Terms of Use and all matters regarding your use of RADIAN Mobile App and the RADIAN APP shall be governed by, construed in accordance with, and enforced under the laws of India, and applicable to contracts made and executed and wholly performed in India, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Waiver and Severability. The failure of RADIAN to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and RADIAN relating to RADIAN Mobile App and its use by you, and supersedes any previous written or oral communication regarding use of RADIAN Mobile App.
Contact Information. If you have any questions or concerns regarding these Terms of Use or RADIAN Mobile App, please visit our “Contact Us” page.
Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of RADIAN Mobile App must be filed by you within 3 months ( Three Months) after such claim or cause of action arose or be forever barred.
Use of RADIAN Mobile App and RADIAN Content outside of India. RADIAN makes no claims regarding access or use of RADIAN Mobile App or RADIAN Content outside of India. If you use or access RADIAN Mobile App or RADIAN Content outside of the India, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.