Terms and Conditions
Welcome to https://nanolispeedway.com/ (“Website”). Nanoli Speedway Country Club (“Club”) provides access to the website to you subject to the terms and conditions (“Terms”) set out herein. Please read these Terms carefully before using the website. By using the website, you signify your agreement to be bound by these Terms.
Once an individual becomes a Member of the Club, such individual shall be governed by certain other terms and conditions, in addition to these Terms. For the purposes of these Terms, the Club and you shall hereinafter be collectively referred to as the “Parties” and individually as a “Party”.
In the Terms, unless repugnant to the context or meaning thereof, capitalized terms defined in the Terms shall have the meaning specified therein and the following terms (and their grammatical variations) shall have the following meanings:
(i) “Force Majeure Event” means any event or circumstance or combination of events or circumstances which are not reasonably within the control of the affected Party and materially affects such Party in the performance of its obligations in accordance with the Terms, including without limitation, by fire, flood typhoon, earthquake, explosion, strikes labour troubles or other industrial disturbances, unavoidable accidents, war (declared or undeclared) acts of terrorism, sabotage, embargoes, blockage, pandemic, endemic, acts of governmental authorities or statutory bodies, riots, insurrections, or any other cause beyond the control of the affected Party.
(ii) “Intellectual Property” includes any registered intellectual property and / or intellectual property in respect of which registration has been applied for and is pending in any jurisdiction and any and all registrations or rights to apply for (or applications for grant of) the same, patents, copyrights, registered or unregistered designs, know-how, trademarks, service marks, marketing concepts, creative designs, moral rights and related rights, data base rights and mask works, trade or business names, internet domain names, inventions, processes, geographical indications, any information or data provided by the Club to the other Party pursuant to the provisions of these Terms, trade secrets or exploitation of any present or future technologies, proprietary information, and other industrial property rights, and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.
(iii) “Laws” or “Law” means and includes laws, treaties, ordinance, judgments, decreed, injunctions, writs, orders and stipulations of any court, arbitrator or governmental agency or authority and statutes, rules, regulations, orders and interpretations thereof of any national, state, local, municipal, regional, environmental or other governmental body, instrumentality, agency, authority, court or other body having jurisdiction over the Parties;
(iv) “Member” shall mean an individual who is registered as a member of the Club.
(v) “Services” shall mean and include all the services and facilities that are proposed to be provided by the Club, including as listed on the website, to its Members.
3.Terms and Conditions of Services being provided by the Club
Five Stars Shipping Company Private Limited, a company incorporated under the provisions of the Companies Act, 1956 with its registered office at Unit No.3, Brady Gladys Plaza, Senapati Bapat Road, Lower Parel, Mumbai 400013 plans to run an exclusive member’s only motorsports and country Club offering a multi-use estate catering for various sectors, including motorsports, automotive, sports and leisure, equestrian and other leisure activities and commercial development which will also include a car storage building and accommodation. Once the applicant is admitted as a member and is given his/her membership details, such individual’s membership would be governed by separate terms and conditions, which will be notified separately, by the Club.
4.Changes to the Terms
These Terms may change as we continue to evolve our business. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of website constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using the website.These terms were last updated on 11/10.2020
(i)Use of the website and/or the Services is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872 and to persons resident in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the website or the Services. Any person under the age of eighteen shall not register on the website and shall not transact on or use the website in relation to or for any Services. The club reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the website and/or any Services if it is brought to the Club’s notice or if it is discovered that such person is not eligible to use the website and/or any Service.
(ii) The selection of the Members shall be carried out at the discretion of the Club. Once you apply for membership of the Club by filling up the registration form, as available on the website, the Club, at its sole discretion, shall decide whether membership would be provided to you and notify you of the said decision at the earliest.
6.Membership with the Club
(i) Once an individual becomes a Member, he/she will also be bound by certain additional terms and conditions of membership, in addition to these Terms, which shall be notified separately by the Club.
(ii) You may browse the website without registering as a Member. You will be required to register as a Member to avail the services being provided by the Club.
(iii) Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you.
(iv) You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account.
(v) You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password.
(vi)You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach.
(vii)We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights.
(viii)You will have no ownership in your account or your username. Notwithstanding anything to the contrary in these Terms, we reserve the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.
7. Digital Content
(i) Your use of the websiteand their contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access (“Content”) is subject to these Terms. Any Content that you access on the websiteis either owned by us (or third parties who licence such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The images, pictures and photographs that are available on the website and form part of the Content, are artist impressions. The names ‘Nanoli Speedway Country Club” and logo displayed on the website is atrade marks belonging to us (“Trade Marks”).
(ii) To the maximum extent legally permitted, you cannot link to or seek to extract data from the website or reutilise any part of the website or Content for any commercial purpose or use our Trade Marks in a way that suggests that you or your business has any endorsement from or affiliation to us, or in any other way, without our prior written permission (at our sole discretion). No act of downloading or copying from, or otherwise using, website, even with our permission, will transfer any title, interest or right in or to any Content to you. The Club hereby expressly reserve all rights not expressly granted in and to the website and Content.
8. Links to other websites
The website may link to third-party websites from time to time. These links are provided for your convenience only. We do not control third-party websites and are not responsible for their contents or how they operate. Where the website include any links to third-party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. We shall not be liable in respect of your use of those third-party websites or any purchase you make through them. The Club will not be liable for any loss or damage arising out of or in connection with your access to, us of or reliance on any third-party sites.
(i)You hereby agree that you shall be liable for all fees and charges associated with the use of the website and Services. Further, details of the fees payable (including, but not limited to the terms pertaining to such fees and the quantum thereof), have been set out on the website. Please note that the fees and charges may be revised from time to time and it would be your responsibility to view the website to check the then current fees and charges payable.
(ii) The application fee for registering as a Member of the Club is Rs. 500/-. Once your membership is confirmed by the Club, a membership fee would separately be payable by you, which shall be notified separately by the Club.
(iii) It is hereby clarified that fees and charges, once paid, are non-refundable.
(iv) All payments made for the use of the website and the Services by you shall be compulsorily in Indian Rupees.
(v) While availing any of the payment method/s available on the website for availing the Services, the Club shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(a) Lack of authorization for any transaction(s), or
(b) Exceeding the preset limit mutually agreed by You and between bank/s and/or other institutions used byyou in making payment, or
(c) Any payment issues arising out of the transaction, or
(d) Rejection of transaction for any other reason(s) whatsoever.
(vi) The Club may temporarily/permanently suspend/terminate your member account orrefuse access in case of non-payment of fees due by you. Without limitation to the other rights and remedies available to the Club, it also reserves the right to take legal action for the same.
- Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our cross-negligence or wilful default (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities.
- While we endeavour to provide the best digital experience we can, we cannot and do not guarantee that the Services or any portion thereof will always be fully-functional, current or accurate. Subject to the above paragraph we do not accept any liability for damage to any computer or device that you use to access the Services or in relation to any loss of data when you use the Services. In addition, we cannot guarantee that any content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up-to-date virus or malware protection on your computer or device.
- While we will correct any errors in the Services that come to our attention as soon as we reasonably can, we do not undertake or warrant that the Services will be completely free from bugs or errors or that the Services will be available on an uninterrupted basis. You accept that access to the Services (or certain features) may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control.
- We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of the Services, including, without limitation, any decision you take on the basis of information provided through the Services, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services is to stop using and, where applicable, uninstall the Services.
You agree to defend, indemnify and hold the us harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: (1) your access to and/or use of the Services or any portion thereof; (2) your failure to comply with these Terms or with any applicable law, rule or regulation; (3) your infringement, misappropriation or violation of the Services or Intellectual Property or of any third party’s intellectual property right; or (4) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. We will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. We reserve the right, at your expense, to assume the exclusive defence and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defence of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without our prior written consent.
You may terminate these Terms at any time by ceasing to access and use the Services. Please understand, however, if you subsequently decide to resume accessing and using any of the Services, you will again be bound by the then-current Terms. We may terminate these Terms, in whole or in part, at any time and without prior notice or liability to you, for any reason. However, even after these Terms have been terminated, any provision which by its nature is intended to survive, will survive that termination.
13. Privacy and Security
14.Purchase of Products or Services
If you elect to purchase any products or services which we may offer to you through the website this may be subject to new and/or additional terms and conditions which will be notified to you at the time.
15.Invalidity and Waiver
If any of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.
The Club will not be responsible and will not pay any compensation where we are preventing or delayed from performing our obligations due to an Force Majeure Event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, acts of terrorism, gas, water pandemic, endemic or other utilities.
We may transfer this agreement to someone else: We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
19.Grievance Redressal Mechanism
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the contact details of Grievance Officer for the purposes of the Club are:
E-mail ID: email@example.com
Address: Unit No.3, Brady Gladys Plaza, Senapati Bapat Road, Lower Parel, Mumbai 400013
Tel: 9122 40004000
- All notices and communications hereunder shall be in writing in English language and shall be sent by hand delivery (including courier) or Registered Post Acknowledgement Due (“RPAD”) or facsimile or e-mail. Provided that, in case of service of notice by facsimile or e-mail, a hard copy of the notice/communication shall also be sent to the addressee thereof, by hand delivery within 24 (twenty four) hours of such transmission, at the address set out below and marked to the attention of the person whose name is set below:
Unit No.3, Brady Gladys Plaza, Senapati Bapat Road, Lower Parel, Mumbai 400013
- Notices and other communications under the Terms shall be deemed to be received: (i) if delivered by hand delivery, upon actual receipt; or (ii) within 4 (four) days of the date of mailing, if dispatched by RPAD or by courier; or (iii) on the date after the day on which the facsimile or e-mail was sent.
- In the event that the Club changes its address, phone number or facsimile number, we shall provide the other Party a written notice, in this regard.
21. Governing Law:
These Terms shall be governed by, subject to and construed in accordance with the laws of India. Subject to Clause 9 below, you agree that the competent courts of Mumbai, India shall have exclusive jurisdiction over any Dispute.
22. Dispute Resolution:
- All disputes arising under the Terms shall be resolved amicably by the Parties. If such dispute is not resolved within 7 (seven) working days, then the same shall be referred to arbitration. All disputes and questions whatsoever which may arise either during the continuance of the Terms, between the Parties hereto or their respective successors or assigns as the case may be, shall be referred to the arbitration of a single arbitrator to be appointed by the Club.
- All arbitration proceedings shall be conducted in the English language and the seat of arbitration shall be in Mumbai, Maharashtra. Subject to applicable Law, the sole arbitrator shall pass a reasoned award in writing which shall be final and binding on each of the Parties. The arbitration shall be governed in all respects by the provisions of the Arbitration and Conciliation Act, 1996 or any other statutory modification thereof for the time being in force.
- The costs and expenses of the arbitration of each Party, including, without limitation, the fees of the arbitration and the appointed arbitrators, shall be borne by such Party to the dispute or claim and each Party shall pay its own fees, disbursements and other charges of its counsel, except as may be determined otherwise by the arbitral tribunal.