Fair Uses Policy

FITPASS - FAIR USE POLICY

1. Introduction

This Fair Use Policy (“Policy”) forms an integral part of the FITPASS Terms of Use, Membership Terms, Privacy Policy and any other policies, guidelines, notices or programme-specific terms published by FITPASS from time to time (collectively, the “Platform Terms”), and governs the access to, availability of and use of the Platform, Services and Memberships made available by FITPASS. Unless otherwise defined herein (including, inter alia, under Appendix A hereunder), all capitalized terms used in this Policy shall have the meanings ascribed to such terms under the Platform Terms.

FITPASS operates a technology-enabled fitness, wellness and healthcare ecosystem through which eligible users may access fitness centres, gyms, wellness facilities, health and nutrition services, healthcare offerings, rewards programmes and other allied services offered directly by FITPASS and/or through third-party partners through its Platform.

The purpose of this Policy is to preserve the integrity, security, fairness and intended use of the Platform, Services and Memberships; prevent abuse, misuse, fraud, unauthorized access, impersonation and circumvention of Membership controls; safeguard the interests of a Member, Users, Partner Facilities, insurers, employers and other Enterprise Partners; and ensure compliance with Applicable Law, regulatory requirements and contractual obligations.

Who is a User?

This Policy applies to all Users of the Platform and Members, including, inter alia, 1 (one) individual/person holding Membership, Platform subscribers, users availing Memberships through corporate wellness programmes, employer-sponsored programmes, insurers, healthcare providers, banking partners or other sponsoring entities, promotional or campaign beneficiaries, and any other person accessing, attempting to access, or otherwise using the Platform, Services or Memberships.

FITPASS reserves the right, at its sole discretion, to interpret, administer, implement, enforce, amend, supplement, modify or update this Policy from time to time. Continued access to or use of the Platform, Services or Memberships following the publication of any revised version of this Policy shall constitute your acknowledgement and acceptance of such revised Policy.

2. Platform Access and User Consent

By creating an Account, registering on the Platform, subscribing to, activating, purchasing, receiving, accessing or using any Membership, Service or benefit made available through the Platform, you acknowledge that you have read, understood and agreed to be bound by the terms of this Policy. You further expressly authorize and consent to FITPASS, its affiliates, service providers, Partner Facilities, verification partners, insurers, employers, Enterprise Partners and authorized representatives to undertake such verification, authentication, monitoring, audit, investigation, security, fraud-prevention and compliance measures as FITPASS may reasonably determine to be necessary for the administration, protection and integrity of the Platform, Services and Memberships. Such measures may include the collection, processing, storage, sharing, verification and use of Personal Data, verification data, device information, location information, photographs, selfies, facial verification records, usage records and other information in accordance with Applicable Law, the Privacy Policy and the Platform Terms.

You acknowledge and agree that FITPASS may, at any time and without prior notice where reasonably necessary, require you to undergo additional verification, provide supporting documentation, re-authenticate your identity, validate your eligibility, verify your device, location or account credentials, participate in photograph-based, biometric or liveness verification procedures, or otherwise comply with such security, authentication and anti-fraud measures as FITPASS may implement from time to time. Failure to comply with any such requirement may result in the restriction, suspension, denial or termination of access to any Account, Membership, Service or benefit.

FITPASS shall have the sole discretion to determine whether any activity constitutes misuse, abuse, fraud, impersonation, unauthorized access, circumvention of Platform controls or any other violation of this Policy. Any determination made by FITPASS in good faith for the purposes of protecting the Platform, Services, Users, Partner Facilities, Enterprise Partners or commercial interests shall be final and binding, subject to the appeals mechanism set out in the Platform Terms or hereinunder.

3. Nature and Transferability of Memberships

Single-User Membership and Access Restrictions

Each Membership is issued solely for the personal use and benefit of the Member in whose name such Membership has been registered, verified, activated or otherwise made available. The Membership constitutes a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the applicable Services in accordance with the Platform Terms and shall not confer any ownership, proprietary or vested rights in favour of the Member. 

EACH MEMBERSHIP IS INTENDED FOR USE BY 1 (ONE) IDENTIFIED AND VERIFIED INDIVIDUAL MEMBER ONLY. UNLESS EXPRESSLY PERMITTED IN WRITING BY FITPASS, A MEMBERSHIP MAY NOT BE USED, SHARED OR ACCESSED BY OTHER THAN 1 (ONE) VERIFIED INDIVIDUAL, IRRESPECTIVE OF SUCH INDIVIDUAL'S MEMBERSHIP AND/OR ITS SOURCE. FOR AVOIDANCE OF DOUBT AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN, A MEMBER SHALL NOT PERMIT ANY PARTNER FACILITY OR THE BENEFIT OF MEMBERSHIP TO BE USED BY ANY PERSON OTHER THAN THE MEMBER ITSELF INCLUDING INTER ALIA ITS FAMILY MEMBERS, SPOUSE OR PARTNERS, FRIENDS OR ACQUAINTANCES, COLLEAGUES, EMPLOYEES OR REPRESENTATIVES, DEPENDENTS OR BENEFICIARIES OR ANY OTHER THIRD PARTY.

Prohibited Transfers and Unauthorized Use

A Member shall not, directly or indirectly: (a) transfer, assign, sell, resell, lease, sublicense, gift, pledge or otherwise dispose of any Membership; (b) permit any third party to access, utilize or derive any benefit from a Membership; (c) commercially exploit or monetize any Membership or Membership benefit; (d) share, distribute or make available any Membership entitlement, access credential, QR code, booking confirmation, verification credential or authentication mechanism to any third party; and/or (e) permit any third party to check-in, reserve, book, attend or otherwise access Services using the Member's Membership or Account.

A Member/User(s) shall not share or permit any third party to access account credentials, passwords, OTPs, authentication tokens, registered mobile numbers, verification credentials, QR codes, facial verification records, device authentication records or any other account access mechanism associated with the Membership. Any use of a Membership through shared credentials, shared devices, credential lending, proxy usage or any similar arrangement shall constitute a material violation of this Policy.

Where a Membership is provided through an employer, insurer, healthcare provider, banking partner, corporate wellness programme, promotional campaign, rewards programme or any other sponsoring entity, such Membership shall remain personal to the eligible Member and may only be utilized by the individual for whom such Membership was approved. Users shall not permit any other person to utilize, access or derive benefits from such sponsored Membership, irrespective of whether such person independently satisfies the eligibility criteria applicable to the relevant programme. The terms single user access as mentioned hereinabove shall be applicable. 

A Member shall only make bookings, reservations, check-ins and attendance requests for themselves and shall not: (a) reserve sessions on behalf of another individual; (b) facilitate attendance by any third party; (c) use a Membership for proxy attendance; (d) permit another person to attend a booked session in place of the Member; (e) utilize multiple Accounts or Memberships to secure additional inventory, benefits or reservations. Any attempt to obtain access to Services through another person's Membership, Account or booking shall constitute unauthorized access.

Your Membership shall always be associated with only 1 (one) device. FITPASS, at its sole discretion may permit a Membership with one or more approved devices, verified identities, photographs, facial verification records, authentication credentials or other identifiers. Simultaneous usage on more than 1 (one) device is not permissible unless specifically approved by FITPASS. Users acknowledge and agree that FITPASS may impose restrictions on simultaneous access across multiple devices, excessive device switching, concurrent logins, unusual access patterns, device sharing, and/or any other activity indicative of unauthorized use or account sharing.

A Member/User shall not engage in any conduct designed to circumvent, defeat, manipulate or otherwise avoid the controls implemented by FITPASS to preserve the single-user nature of Memberships. Without limitation, the following activities shall be deemed prohibited: (a) creation of multiple Accounts for the same individual; (b) creation of Accounts using false,  misleading or third-party information; (c) use of multiple devices to facilitate shared access; (d) manipulation of verification processes; (e) use of virtual numbers, temporary credentials or deceptive authentication mechanisms; (f) exploitation of technical, operational or procedural loopholes; or (g) any arrangement intended to enable multiple individuals to access a Membership intended for a single Member.

 

Our Rights and Enforcement Actions 

Further, where FITPASS reasonably determines, suspects or believes that a Membership has been shared, transferred, misused or accessed by an unauthorized person, FITPASS may, without prejudice to any other rights available under the Platform Terms: (a) restrict or suspend the relevant Account or Membership; (b) require additional verification; (c) cancel bookings or reservations; (d) revoke Membership benefits; (e) recover improperly availed benefits, discounts, rewards or subsidies; (f) terminate the Membership; and/or (g) permanently restrict the User from accessing certain or all Services available through the Platform.

Any failure by FITPASS to detect, investigate or take action against any unauthorized use of a Membership shall not constitute a waiver of FITPASS's rights under this Policy and shall not prevent FITPASS from taking enforcement action at a later date.

4. Account Security and Verification

Account Security and User Responsibilities 

You shall be solely responsible for maintaining the confidentiality, security and integrity of your Account, login credentials, authentication mechanisms and devices associated with the Platform. You shall take all reasonable precautions to prevent unauthorized access to or use of your Account and shall promptly notify FITPASS upon becoming aware of any actual or suspected unauthorized access, security breach, compromise of credentials or misuse of the Account. You acknowledge and agree that you shall remain responsible and liable for all activities undertaken through or in connection with your Account, whether authorized by you or otherwise, and FITPASS shall be entitled to treat all activities conducted through the Account as having been authorized by the registered User unless notified otherwise and afforded a reasonable opportunity to investigate the matter.

Verification and Access Controls 

FITPASS may, at any time during the lifecycle of a Membership or a User's use of the Platform, require the User to undergo such verification, authentication, re-authentication, eligibility validation, security checks or compliance reviews as FITPASS may reasonably determine to be necessary for the administration, protection and integrity of the Platform, Services and Membership ecosystem. Such measures may include, without limitation, OTP verification, mobile number verification, email verification, photograph verification, selfie verification, facial verification, liveness detection, device authentication, location verification, identity document verification, Aadhaar-based verification (where voluntarily undertaken and permitted under Applicable Law), ABHA verification, employer or insurer eligibility verification and such other verification mechanisms as FITPASS may implement from time to time.

Our Rights and Enforcement Actions 

Your Membership shall always be associated with only 1 (one) registered mobile number. FITPASS, at its sole discretion, may permit an Account or Membership to change their registered mobile number or with one or more registered mobile numbers, devices, authentication credentials, verification records or unique identifiers and may implement reasonable access controls to prevent misuse, fraud, impersonation, account sharing or unauthorized access. Without limitation, FITPASS may restrict simultaneous access, limit the number of devices associated with an Account, require re-authentication following device changes, conduct identity matching and verification procedures, monitor account activity, login behaviour, booking patterns, attendance records, device usage and other operational indicators, and implement such monitoring, verification, security and anti-fraud measures as it may reasonably determine to be necessary.

Where a User/Member fails, refuses or is unable to complete any verification, authentication, eligibility validation or security procedure required by FITPASS, or where FITPASS reasonably believes that an Account, Membership or Service is being misused or accessed in an unauthorized manner, FITPASS may, without liability and without prejudice to any other rights available under the Platform Terms, restrict, suspend, deactivate or terminate access to the relevant Account, Membership, Service or Membership Benefits, require additional verification, deny bookings or reservations, cancel benefits or take such other action as FITPASS reasonably considers necessary to protect the integrity, security and intended operation of the Platform.

5. Bookings and Session Controls 

Availability and Session Reservation 

The Platform is designed to facilitate access to Services and Partner Facilities in a fair, efficient and secure manner for all Users. In order to prevent abuse and/or any suspicious activity of the Membership and/or the Platform, FITPASS may restrict booking, reservation, attendance, check-in and/or cancellation, from time to time.

Users acknowledge that the availability of Services, Partner Facilities, classes, sessions, appointments, rewards, offers, benefits and other inventory is limited and may vary based on factors including demand, location, operational requirements, Partner Facility restrictions, Membership category, eligibility criteria and commercial arrangements as the FITPASS Network is dynamic and subject to change, from time to time. 

Availability of (a) any Partner Facility; class, session or activity; trainer, instructor or healthcare professional; (d) Membership benefit; (e) inventory allocation; (f) reward or promotional benefit; or (g) particular booking slot, date or time may depend on multiple factors, including the Platform Terms and terms and conditions of the Partner Facility. 

Attendance, Validation and Enforcement Actions

Owing to the limited and dynamic nature of inventory made available through Partner Facilities, operational constraints, varying capacity levels, commercial arrangements, technical limitations, user demand fluctuations, health and safety requirements, fraud prevention considerations and other operational or exceptional circumstances, FITPASS may implement, administer, modify, suspend or withdraw reasonable booking, reservation, attendance, verification, access and inventory management measures from time to time. Such measures are intended to ensure the fair, efficient and equitable allocation of available inventory and Membership Benefits, preserve the integrity, security and reliability of the Platform, protect the legitimate interests of Users, Partner Facilities and FITPASS, prevent misuse, abuse or fraudulent activity, and facilitate the effective operation of the Services.

FITPASS may establish, modify, suspend or withdraw booking, reservation or attendance limitations from time to time in order to ensure fair access to available inventory, and prevent abuse of Membership Benefits. Such limitations may include restrictions relating to the number, frequency and timing of bookings, reservations, check-ins and attendance events, repeat usage of particular Partner Facilities or activities, reservation windows, waitlists, active reservations, cooling-off periods, attendance thresholds, Membership-specific limitations and such other operational limitations as FITPASS may reasonably determine to be necessary.

Access to certain Services, Partner Facilities and Membership Benefits may be subject to completion of attendance validation, authentication and check-in procedures prescribed by FITPASS or the relevant Partner Facility. FITPASS reserves the right to validate, authenticate and verify bookings, reservations, check-ins, attendance records, session participation records and Membership usage through such verification mechanisms as it may implement from time to time, including QR-code verification, OTP authentication, photograph verification, facial verification, location verification, device verification and other attendance validation procedures.

FITPASS may reject, invalidate, reverse, disregard or cancel any booking, reservation, attendance record or Membership usage where it reasonably believes that the relevant booking was not utilized by the registered Member, attendance was not genuine, verification requirements were not satisfied, misleading information was provided or the relevant Service was accessed in violation of this Policy.

FITPASS may monitor booking behaviour, cancellation patterns, attendance records and reservation activity and may, where it reasonably determines, suspects or believes that a Member has engaged in booking abuse or reservation misuses or take any other enforcement action available under this Policy.

In addition to this Policy, Member shall comply with all applicable rules, operational requirements, safety protocols and attendance requirements prescribed by Partner Facilities. Failure to comply with Partner Facility requirements may result in cancellation of bookings, denial of access, suspension of Membership benefits or other enforcement measures under this Policy.

For avoidance of doubt, membership usage, including, inter alia, session duration, booking and cancellation requirements, attendance validation, centre availability, centre-specific restrictions, membership freeze or pause requests, and user conduct obligations, shall be subject to the applicable FITPASS policies and the rules, requirements and operating procedures of the relevant Partner Facility. FITPASS (either directly or indirectly) may prescribe, amend, suspend or update such requirements from time to time, and Users shall remain bound by the same as communicated through the Platform, the Partner Facility, or any other mode of communication. For Example: If you book a session with a fixed duration, your access to and use of the premises will be limited to that duration only. Once your session ends, you may be requested to leave the premises to allow access for other users or scheduled sessions.

For the avoidance of doubt, membership does not guarantee access to any specific Partner Facility, centre, class, trainer, schedule or service, all of which shall remain subject to availability and the applicable FITPASS and Partner Facility rules and policies.

6. Identity Verification, Fraud Prevention and Anti-Abuse Measures

 

Verification and Fraud Prevention Framework

In order to preserve the integrity, security and intended operation of the Platform, Services and Membership ecosystem, FITPASS reserves the right to verify the identity, eligibility, authenticity and continued compliance of any User at any time. Such verification may be undertaken at the time of registration, Membership activation, booking, attendance, check-in, benefit redemption, programme enrolment, claim processing, reward issuance, eligibility validation or at any other stage of the User's engagement with the Platform.

Users acknowledge and agree that verification is an ongoing process and not a one-time activity. FITPASS may periodically conduct verification, re-authentication, eligibility reviews, fraud assessments, security checks, attendance validations, account audits and other compliance reviews throughout the duration of a User's Membership or use of the Platform. FITPASS may monitor, analyse and review account activity, usage patterns, booking behaviour, attendance records, verification records, device information, location information and other operational data for the purposes of fraud detection, abuse prevention, account security, identity validation, eligibility verification, risk assessment, Platform integrity monitoring and compliance with Applicable Law and contractual obligations.

Where FITPASS reasonably identifies suspicious, unusual, inconsistent or potentially unauthorized activity, including unusual login behaviour, multiple device usage, simultaneous access attempts, unusual attendance or booking patterns, discrepancies in verification records, eligibility concerns, security incidents or complaints received from Partner Facilities, Enterprise Partners or other third parties, FITPASS may require the User to undergo additional verification, authentication, re-validation or eligibility review.

In order to prevent impersonation, Membership sharing, unauthorized access and identity fraud, FITPASS may implement such authentication, validation and security measures as it reasonably considers necessary, including photograph verification, selfie verification, facial verification, liveness detection, document verification, device authentication, location verification, attendance validation and other identity verification procedures. Users shall promptly cooperate with all verification, authentication, investigation and fraud-prevention measures implemented by FITPASS and shall provide such information, documentation, declarations, confirmations, photographs, identity records or other materials as FITPASS may reasonably require to verify identity, eligibility, account ownership or compliance with this Policy.

Investigations and our Enforcement Actions

FITPASS reserves the right to investigate any actual, suspected or potential misuse, abuse, fraud, impersonation, ineligible usage, unauthorized access or violation of this Policy and, for such purposes, may review account records, booking and attendance history, verification records, authentication records and other relevant information, engage third-party verification providers, and seek information from Partner Facilities, employers, insurers, healthcare providers, Enterprise Partners or other relevant persons.

Without limiting FITPASS's discretion, repeated verification failures, account-sharing indicators, simultaneous or geographically inconsistent usage, attendance anomalies, manipulation of booking systems, submission of false, misleading or inconsistent information, attempts to circumvent Platform controls or exploitation of operational, technical or procedural loopholes may be treated as indicators of misuse, abuse or Fraudulent Activity and may result in enforcement action under this Policy.

User(s)/Member acknowledges and agrees that FITPASS shall not be required to establish criminal fraud, unlawful conduct or actual financial loss before taking action under this Policy. Where FITPASS reasonably believes that misuse, abuse, impersonation, ineligible usage, unauthorized access or fraud has occurred or is likely to occur, FITPASS may take preventive, protective or enforcement measures in accordance with this Policy.

FITPASS reserves the right to deploy, modify, enhance or replace fraud detection systems, authentication technologies, monitoring tools, verification procedures, behavioural analytics models, artificial intelligence systems and other security mechanisms from time to time without prior notice where reasonably necessary to protect the Platform, Services, Memberships, Member, Users, Partner Facilities and Enterprise Partners.

Without prejudice to any other rights or remedies available under applicable law or this Policy, where any misuse, abuse, fraudulent activity, impersonation, unauthorized access, account sharing, ineligible usage or other violation of this Policy results in or is reasonably likely to result in any financial loss, operational loss, reputational harm, regulatory exposure, third-party claims, or other damage or liability to FITPASS, its affiliates, Partner Facilities, Enterprise Partners or any third party, FITPASS reserves the right to recover from the defaulting User(s)/Member all losses, damages, costs, charges and expenses (including investigation costs, verification costs, administrative costs and reasonable legal fees) incurred or suffered as a consequence of such conduct, to the fullest extent permissible under applicable law. FITPASS may also withhold or set off any credits, rewards, benefits, Membership entitlements or other amounts otherwise payable or available to such User(s)/Member towards satisfaction of such losses, where legally permissible.

The User(s)/Member further acknowledges and agrees that any actual or threatened misuse of the Platform, Membership, Services, intellectual property, verification systems, authentication mechanisms, confidential information or other rights of FITPASS may cause irreparable harm for which monetary damages alone may not constitute an adequate remedy. Accordingly, FITPASS shall be entitled, in addition to any other rights and remedies available under applicable law or this Policy, to seek interim, ad interim, temporary or permanent injunctive relief, specific performance or other equitable remedies from any court or competent authority without the requirement of proving actual damages or furnishing security, to the extent permitted under applicable law. The rights and remedies provided under this Policy are cumulative and not exclusive of any other rights or remedies available under contract, statute or common law.

7. Verification data and Information Sharing

Verification Data and User Authorisations 

In connection with the operation of the Platform, administration of Memberships, prevention of fraud, verification of eligibility, authentication of Users and protection of the Membership ecosystem, FITPASS may collect, receive, generate, process, store, analyse, validate, retain, disclose and otherwise use Verification Data. Such Verification Data may include photographs, selfies, facial images, biometric verification records, liveness detection records, identity records, ABHA details, Aadhaar-related verification information voluntarily provided by the Member in accordance with Applicable Law, contact information, device identifiers, IP addresses, location information, booking and attendance records, activity logs, authentication records and such other information as may be reasonably required for verification, fraud prevention, security, eligibility validation, compliance and enforcement purposes.

FITPASS may retain and process such information for so long as reasonably necessary to administer Memberships, prevent fraud, resolve disputes, conduct investigations, comply with Applicable Law, enforce the Platform Terms and protect the integrity, security and intended operation of the Platform, Services and Membership ecosystem.

Biometric Authentication, Monitoring and Information Sharing

FITPASS may implement biometric authentication, facial verification, face-matching, liveness detection and other identity validation technologies to verify that Memberships and Services are being accessed by an authorized Member. Where such technologies are deployed, FITPASS may compare photographs, selfies, facial images, verification records and other authentication information against previously collected records for the purposes of identity authentication, prevention of Membership sharing and impersonation, fraud detection, security monitoring, eligibility validation and enforcement of this Policy.

Users acknowledge and agree that FITPASS may utilize automated systems, behavioural analytics, risk-scoring mechanisms, fraud-detection technologies, artificial intelligence tools and other monitoring mechanisms to identify suspicious activity, unauthorized access, account sharing, policy violations, eligibility concerns, fraudulent conduct and operational risks.

To the extent reasonably necessary for the purposes described herein, FITPASS may disclose, share or otherwise make available relevant information to Partner Facilities, employers, insurers, healthcare providers, Enterprise Partners, payment service providers, verification and authentication service providers, technology service providers, professional advisors, governmental authorities, regulators and such other persons as may be required under Applicable Law or reasonably necessary for the operation, administration, protection or enforcement of the Platform and Membership ecosystem.

User Consents and FITPASS Rights

By creating an Account, activating a Membership, accessing the Platform or using any Services, the Member expressly acknowledges and consents to the collection, processing, retention, verification, monitoring and use of Verification Data, participation in identity verification and eligibility validation procedures, photograph-based and biometric authentication processes, periodic verification reviews and the sharing of information as contemplated under this Policy, the Privacy Policy and the Platform Terms.

Where a User refuses, withdraws, fails or is unable to provide information, verification records, consents or cooperation reasonably required by FITPASS for verification, authentication, eligibility validation, fraud prevention, investigation or compliance purposes, FITPASS may suspend, restrict, deny or terminate access to the relevant Account, Membership, Service or Membership Benefits without liability.

A Member/User acknowledges that access to Memberships, Partner Facilities and Membership Benefits may require identity verification and attendance validation and, accordingly, shall have no expectation of anonymity in relation to their use of the Platform. FITPASS further reserves the right to introduce, modify, discontinue or replace any verification, authentication, biometric, security, monitoring or information-sharing mechanism from time to time where reasonably necessary to protect the integrity, security and intended operation of the Platform, Services and Membership ecosystem.

8. Prohibited Conduct and Platform Abuse

Prohibited Activities

Member/User shall not engage in any conduct that compromises, interferes with, manipulates, abuses or otherwise adversely affects the integrity, security, intended operation or commercial viability of the Platform, Services, Memberships, Partner Facilities or Enterprise Partners. 

Users shall not attempt to circumvent, defeat, avoid, manipulate or otherwise interfere with any technical, operational, contractual, verification, security, attendance, booking or anti-fraud controls implemented by FITPASS.

Without limitation, Member shall not share, transfer, assign, sell, sublicense, lend or otherwise permit any third party to use a Membership, impersonate another individual or permit another individual to impersonate them, create multiple Accounts for the purpose of circumventing Platform controls, provide false, inaccurate, incomplete or misleading information, manipulate, exploit or circumvent verification procedures, misuse insurer-sponsored, employer-sponsored or promotional Memberships, make speculative, fraudulent or abusive bookings, engage in excessive cancellations or no-show behaviour, manipulate inventory availability, interfere with Platform security measures, reverse engineer, decompile, copy or attempt to derive source code from the Platform, scrape, harvest, extract or collect Platform data, use bots, scripts, automation tools or artificial means to interact with the Platform, exploit bugs, vulnerabilities or operational loopholes, engage in fraudulent or deceptive conduct, use the Platform for unlawful purposes, misuse rewards, promotions, referral programmes or incentives, engage in abusive, threatening, discriminatory or inappropriate conduct toward Partner Facilities, personnel, healthcare providers or other users; or otherwise violate the Platform Terms, Applicable Law or the intended purpose of the Membership.

Users shall not use the Platform, Memberships, Services, benefits, inventory, rewards or access rights for any commercial purpose unless expressly authorized by FITPASS in writing. FITPASS shall have sole discretion to determine whether any conduct constitutes misuse, abuse, fraud, circumvention, manipulation or any other violation of this Policy.

9. Corporate, Insurer-Sponsored and Promotional Memberships

Eligibility Verification

Additional eligibility criteria, restrictions, verification requirements, benefit limitations and usage conditions may apply to Memberships provided, funded, subsidized, administered or otherwise made available through employers, insurers, banks, healthcare providers, rewards programmes, corporate wellness programmes, promotional campaigns, business partners or other organisations (each, a “Enterprise Partner” which in context with a Membership shall be referred to a “Corporate Membership”).

Access to and continued use of any Corporate Membership shall be subject to the User satisfying the applicable eligibility criteria, programme-specific requirements, sponsor conditions, verification procedures and other requirements prescribed by FITPASS and/or the relevant Enterprise Partner from time to time. FITPASS may, at any time, verify or re-verify a Member's eligibility for a Corporate Membership and may require the Member to provide such declarations, confirmations, information or supporting documentation as may be reasonably necessary for such purpose.

FITPASS may share information with, and conduct eligibility reviews in conjunction with, the relevant Enterprise Partner and may audit, verify or re-verify eligibility at any time during the term of the applicable Sponsored Membership.

Where a Member fails to satisfy, ceases to satisfy, or is unable to demonstrate continued compliance with the applicable eligibility or programme requirements, FITPASS may suspend, restrict, modify or withdraw access to the relevant Corporate Membership, Membership Benefits or Services without liability. Member shall promptly provide any declarations, confirmations, documents, health acknowledgements or other information reasonably requested by FITPASS.

Misuse/ Abuse of Corporate Membership

FITPASS may suspend, modify, withdraw or terminate access to Corporate Membership benefits where:

(a) eligibility cannot be verified;

(b) eligibility ceases to exist;

(c) false information has been provided;

(d) programme requirements are no longer satisfied; or

(e) the sponsoring entity withdraws, modifies or terminates the applicable programme. 

 

Any misuse, sharing, transfer or unauthorized utilization of a Corporate Membership may result in suspension, termination, recovery of benefits and notification to the relevant sponsoring/corporate entity.

10. Suspension, Restriction and Enforcement Actions

Our Enforcement Rights

Without prejudice to any other rights available to FITPASS, FITPASS may take enforcement action where it reasonably determines, suspects or believes that: (a) a violation of this Policy has occurred or may occur; (b) misuse, abuse or fraud is suspected; (c) verification is pending; (d) eligibility concerns exist; (e) a security risk is identified; or (f) such action is necessary to protect the Platform, Services, Memberships, Partner Facilities, Enterprise Partners, Member or other Users.

 

FITPASS as its recourse may: (a) issue warnings; (b) require additional verification; (c) restrict access to specific Services; (d) suspend bookings or reservations; (e) cancel bookings; (f) suspend Membership benefits; (g) deactivate Accounts; (h)  terminate Memberships; (i) permanently restrict access to the Platform; (j) reverse rewards, credits, discounts or incentives; (k) recover improperly availed benefits; and/or (l) take any other action reasonably necessary to enforce this Policy.

FITPASS reserves the right to reverse, recover, claw back, cancel or withhold any Membership benefits, rewards, discounts, reimbursements, subsidies, promotional entitlements, credits or other advantages obtained through fraud, abuse, misuse, misrepresentation, ineligibility, policy violations or unauthorized use. 

Any suspension, restriction, withdrawal, cancellation or termination undertaken pursuant to this Policy may be effected without refund, compensation, reimbursement or liability to the User, except where otherwise required under Applicable Law or expressly agreed by FITPASS in writing.

Nothing in this Policy shall be construed as creating any obligation on FITPASS to continue providing access to any Membership, benefit, feature, inventory allocation, reward programme or Partner Facility. FITPASS shall not be liable for any loss, inconvenience, disruption, denial of access, cancellation of bookings or withdrawal of benefits resulting from enforcement actions undertaken in good faith pursuant to this Policy.

Notwithstanding anything contained herein, and without prejudice to any other rights, remedies or powers available to FITPASS under this Policy, the Platform Terms, any applicable agreement or Applicable Law, FITPASS expressly reserves the right to initiate, pursue or enforce any civil, criminal, contractual, equitable or other legal proceedings or remedies available to it, including seeking interim, ad interim or permanent injunctive relief, specific performance, damages, restitution, recovery of losses, declaratory relief or any other appropriate relief before any court, tribunal, arbitral forum, regulatory authority or other competent authority. The exercise or non-exercise of any right or remedy under this Policy shall not constitute a waiver of any other right or remedy available to FITPASS under Applicable Law, all of which are cumulative and may be exercised concurrently or independently.

11. Appeals Process

Member/User may submit an appeal against any suspension, restriction, cancellation, enforcement action or eligibility determination through the channels designated by FITPASS.

FITPASS may require additional documentation, declarations, identity verification, eligibility verification or supporting information before considering an appeal.

FITPASS shall review appeals in good faith and may affirm, modify or reverse the relevant enforcement action.

Failure to cooperate with verification or information requests may result in rejection of the appeal.

The determination made by FITPASS following completion of the appeal process shall be final and binding.

12. Grievance Redressal

User may submit grievances relating to verification procedures, Membership eligibility, enforcement actions, Personal Data processing, Platform access, benefit administration or other matters to the ‘Grievance Officer’, details of which are provided hereinbelow: 

Attn: Mr. Avnish Sharma (Grievance Officer) 

Address: FITPASS, 3E/2, First Floor, Jhandewalan Extension, New Delhi – 110055

Email: avnish.sharma@fitpass.co.in 

13. Miscellaneous Provisions

 

1. FITPASS reserves the right to interpret, administer, implement and enforce this Policy in a manner that protects the integrity, security, intended operation and commercial viability of the Platform, Services, Memberships and Partner Facilities.
2. Any determination made by FITPASS in good faith regarding misuse, abuse, fraud, impersonation, eligibility, verification requirements, security concerns, policy violations or enforcement actions shall be binding upon the Member/User unless reversed through the appeals process.
3. Any delay, omission or failure by FITPASS to exercise any right or remedy under this Policy shall not constitute a waiver of such right or remedy.
4. If any provision of this Policy is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.
5. Any provisions which by their nature are intended to survive termination or expiry of a Membership, Account or Member/User relationship shall survive such termination or expiry, including provisions relating to verification records, investigations, data processing, enforcement rights, recoveries, dispute resolution and limitations of liability.
6. FITPASS may amend, supplement, modify, replace or update this Policy from time to time. Continued access to or use of the Platform, Services or Memberships following publication of any revised version of this Policy shall constitute acceptance of such revised Policy.
7. The Member/User acknowledges and agrees that FITPASS may act upon reasonable indicators, patterns, signals, reports, verification outcomes, risk assessments or other information available to it and shall not be required to conclusively establish fraud, misuse or wrongdoing prior to taking preventive or protective action under this Policy.
8. FITPASS reserves all rights not expressly granted under this Policy and may implement such operational, commercial, technical, verification, security and anti-fraud measures as it reasonably determines, suspects or believes necessary for the protection of the Platform, Services, Memberships, Partner Facilities, Enterprise Partners and Users.

APPENDIX A, DEFINITIONS

For the purposes of this Policy, the following capitalized terms shall have the meanings set out below. Capitalized terms used but not defined herein shall have the meanings ascribed to them under the Platform Terms:

1. “Account” shall mean the unique user account created, registered or maintained by a Member on the Platform for accessing Memberships, Services, benefits and related functionalities.

 

2. “Applicable Law” shall mean all applicable statutes, enactments, ordinances, rules, regulations, notifications, circulars, governmental directives, judicial decisions and regulatory requirements in force from time to time, including the Digital Personal Data Protection Act, 2023 and rules framed thereunder.

 

3. “Member” shall mean and refer to an individual (1 (one) person) subscriber/holder of the Membership, recognised and verified by FITPASS who is using/ availing a Membership(s).

 

4. “Membership” shall mean any subscription, pass, entitlement, benefit, programme, plan, package, reward, promotional offer, insurer-sponsor/insurer-corporate programme, Corporate Membership(s), wellness benefit or other access right made available through the Platform.

 

5. “Partner Facility(ies)” shall mean any gym, fitness centre, yoga studio, sports facility, wellness centre, healthcare provider, diagnostic centre, nutrition partner, healthcare professional or third-party service provider whose services may be accessed through the Platform.

 

6. “Verification Data” shall mean any information, records, documents, declarations, photographs, selfies, biometric (photos, selfies, facial images, facial geometry, facial verification records, liveness detection records, face-matching records and any other biometric or identity authentication information) Verification Data, identity credentials, authentication records, device identifiers, location information, attendance records, activity logs, eligibility records and other information collected, generated or processed for verification, authentication, fraud prevention, security, eligibility validation, compliance or enforcement purposes.

 

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