Terms And Condition
Last updated: 24/03/2021
Terms and Conditions
Please note that (i) the software application, for use on small and wireless/computing devices, such as, smartphones and tablets and for use on desktop/computers under the name and style of ‘FITPASS’ (the “Application”); and (ii) the domain name www.fitpass.co.in (the “Website”), are owned, managed and operated by ASR Market Ventures Pvt. Ltd., a private limited company incorporated under the laws of India, having its principal office at 2E/8, Second Floor, Jhandewalan Extension, New Delhi - 110055 (hereinafter collectively referred to as “FITPASS”, “Company”, “We”, “Us”, or “Our”). The terms ‘Application’ and ‘Website’ are hereinafter collectively and severally referred to as “Platform”.
The Platform offers a variety of content, services and products, including, usage, benefits and coverage of FITPASS Products (as defined below) pertaining to fitness and nutrition services, solutions and facilities as per the terms as contained herein, to the Users of the Platform and which includes, providing and facilitating the Users the access, benefits, coverage and usage of, Fitness Training Feature (as defined below), Fitness Centre Facility (as defined below), Nutritionist Facility (as defined below), Third Party Content Services (as defined below) and Product Purchase Facility (hereinafter collectively referred to as the “Services” and individually as “Service”).
“Applicable Laws” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question.
“Fitness Content” shall mean and include, such content, information, text, graphics, video, audio, pictures, sound or real-time online sessions, especially pertaining to fitness, healthy lifestyle, diet and nutrition, placed on the Platform and provided by, the Third Party Content Providers;
“Fitness Centre Facility” shall mean enabling and facilitating the Users of the Platform, who availed/subscribed to relevant FITPASS Product(s), in availing the access, usage and benefits of the Fitness Centres within the FITPASS Network, in accordance with the terms herein;
“Fitness Training Feature” shall mean a service/facility provided on the Platform which gives the User, who availed/subscribed to relevant FITPASS Product(s), access to artificial intelligence enabled training, coaching and workout plans through curated audio or visual content or videos pertaining to fitness, healthy lifestyle, diet, nutrition etc., in accordance with the terms herein;
“FITPASS Network” shall mean such locations and territories where the User can avail the features, access and benefits of the Fitness Centre Facility and includes the cities of Ahmedabad, Bengaluru, Chandigarh, Chennai, Delhi, Faridabad, Ghaziabad, Gurugram, Hyderabad, Jaipur, Kolkata, Mohali, Mumbai, Navi Mumbai, Noida, Panchkula, Pune and Zirakpur.
“FITPASS Products” shall mean and include, such product(s) offered on the Platform which facilitates the Users in availing the Service(s) on the Platform, which can be availed individually or in connection with two or more such products in relation to the Service(s) on the Platform, in accordance with the terms herein, and such products include, FITPASS, FITFEAST, FITCOACH, FITCASH, FITPRIME, FITSHOP and FITPASS TV;
“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Company, including insolvency, business exigencies, operational technical issues, labour unrest, war, commotion, armed conflict, invasion, hostilities, riot, rebellion, revolution, civil war, riot, insurrection, acts of God, epidemics, pandemics, natural calamities/disasters, strikes, lock out, change in Applicable Law, which materially restricts provisions of Services offered on the Platform etc.;
“IPRs” or “Intellectual Property Rights” shall mean on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any Applicable Law;
“Nutritionist Facility” shall mean a service/facility provided on the Platform which gives the User, who availed/subscribed to relevant FITPASS Product(s), the access to nutrition related assistance and advice through consultation with the Third Party Nutrition Partner (as defined below) via any electronic mode available on the Platform;
“Product Purchase Facility” shall mean enabling and facilitating the Users of the Platform in purchasing the Third Party Products placed on the Platform for sale by the Third Party Sellers;
“Third Party Sellers” shall mean such third party merchants, enlisted, registered or otherwise engaged with, the Platform for the purposes of offering the Third Party Products for sale to the Users through the Platform;
“Third Party Products” shall mean and include such products and services, pertaining but not limited to, fitness, sports, healthy lifestyle, diet, nutrition etc., offered for sale through the Platform by the Third Party Sellers;
“Third Party Content Services” shall mean enabling and facilitating the Users of the Platform in accessing, browsing and viewing of the Fitness Content of the Third Party Content Providers placed on the Platform;
“Third Party Content Providers” shall mean and include such third party service providers, enlisted, registered or otherwise engaged with, the Platform for the purposes of providing, specialized and curated Content pertaining to fitness, healthy lifestyle, diet and nutrition, to the Users of the Platform;
“Third Party Fitness Centres” shall mean and include various gymnasiums/fitness studios/classes/health clubs/premises of trainers, run operated and managed by the third parties, within the FITPASS Network, registered and enlisted with the Platform;
“Third Party Nutrition Partners” shall mean and include the nutritionists registered and enlisted with the Platform, who provide nutrition assistance through consultation via digital mode;
“Third Party Sellers” shall mean and include persons who advertises and feature their products or goods on the Platform for the purchases to be made by the Users;
“Third Party Service Providers” shall mean and include the third party service providers of the Company/Platform, including, Third Party Nutrition Partner, Third Party Fitness Centre, Third Party Sellers and Third Party Content Providers;
“User Data” shall mean the data and information as may be required by the Company for the purposes of registering/onboarding the User on the Platform and verifying the identity of the User, such as, name, email ID, phone number, PAN number, Aadhar number, address, and other particulars in relation to the registering/onboarding of the User as may be required by the Platform for the purpose of availing any Service(s) on the Platform.
REGISTRATION PROCESS AND CREATION OF ACCOUNT
Please note that the Platform provides various Services and in order to avail, access and use such Services, you are required to create an account on the Platform and become a registered User of the Platform by following a sign up/ registration process of the Platform.
For the purpose of initiating the registration/ sign-up process on the Platform, the User is required to visit and access the Platform and place a request for a one-time password (“OTP”) on the Platform by providing his/her mobile number. After the receipt of the OTP, the User can initiate the sign-up process by the User Data. Pursuant to signing up/ registration process a specific user profile/ account for the User will be created on the Platform (“User Profile”) through which the User will be able to avail and use the Services of the Platform by subscribing to the FITPASS Product(s).
You agree that you shall provide accurate and correct information at the time of sign-up/ registration process and you shall also update such information and data, from time to time, in case of any change thereto and/ or as and when required and asked by the Platform in this regard.
You shall log out of your User Profile at the end of each session in order to ensure complete security and secrecy of your data and the Company’s data.
It is clarified that upon receiving a notification/ intimation/ apprehension of any actual or potential unauthorised use of any User Profile, We may, at our discretion, take action to block access to such User Profile at the earliest and take all other actions as may be required under the Applicable Laws.
The User shall only be responsible for safeguarding the User Profile and all the information and data associated with such User Profile. For the safety of the data and information in such User Profile and prevention of any possibility of any unauthorised use thereof, it is suggested to the User to not to disclose the login information to any third parties.
In the event of the User becoming aware of any breach of security or unauthorised use of the User Profile, such User shall take all the reasonable steps to inform the Company/ Platform in respect of such unauthorized use of the User Profile and, in this regard, the Company/ Platform shall not be responsible for any liabilities that such User may incur from the misuse of the User Profile or password or any data and information contained therein.
USE OF PLATFORM
Further, the use and access to the Platform can be availed only by such individuals who can form and enter into a ‘valid contract’ as per the conditions set forth under Indian Contract Act, 1872. It is hereby expressly clarified that the persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, persons disqualified by law or of unsound mind, etc. are not eligible to use the Platform. It is also expressly clarified that Consultation Facility does not provide for consultations outside the jurisdiction of India.
You agree that you will act lawfully, diligently and honestly at all times when you access and use the Platform and/or avail the Services and will comply with all the laws, rules, regulations, legislations, notifications, circulars, guidelines, standards, codes, policies, orders, approvals, ordinances, judgments, decrees, injunctions, writs, arbitral award, bye-laws, or any similar form of decision, determination, or adjudication having the force of law, as amended from time to time, applicable to your use of the Platform and/or availing the Services.
If We reasonably believe that your User Profile and password is being used / misused in any manner, We reserve the right to cancel your right to access the Platform immediately without notice, and block access to all users from that particular IP address. You agree to notify Us and the Platform immediately of any unauthorized use of your User Profile or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your User Profile. However, you could be held liable for all the losses, claims and liabilities incurred by the Company due to someone else using your User Profile.
Further, by using the Platform or sending emails, data, information or communication to the Platform through the Platform, you consent to receiving communications via electronic records from Us periodically and as and when required.
CODE OF CONDUCT
belongs to another person and in relation to which it does not have any right of use;
infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person;
is false or misleading in any way;
violates any law for time being in force;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing or “spamming”;
promotes illegal activities or abusive, obscene, defamatory or libellous conduct;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
harms minors in any way;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
deceives or misleads the other Users of the Platform about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
promotes an illegal or unauthorized copy of another person's copyrighted work;
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, User Profile information, bulletins, friend request, or other areas of the Platform or solicits passwords/ log-in information or personal identifying information for commercial or unlawful purposes from other users; and
The User agrees not to
reveal/disclose confidential or proprietary information of other Users, the Company/ Platform or any third party when the User receives or comes in possession of such confidential or proprietary information;
incorporate any computer contaminant, software virus or any computer code or file or program on the Platform designed to interrupt, destroy or limit the functionality of the Platform;
incorporate or introduce any program on the Platform that might infringe the intellectual property rights of any other User and/or of the Company/ Platform;
download, copy, or reproduce any file or information available on the Platform which the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed;
in any way, deface or vandalize the Platform or prevent or restrict others from using the Platform;
stalks, threaten or harass any other User or infringe upon or attempt to infringe upon their privacy;
infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy, of the Company/ Platform, other Users of the Platform or any third Party;
impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;
directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law; and
create liability for the Company/ Platform or cause the Company/ Platform to lose (in whole or in part) the services of its internet service provider or other suppliers.
It is also clarified that you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any service, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of Services or any other systems or networks connected to the Platform or to any server, computer, network, or to any /services offered on or through the Platform, by hacking, password “mining” or any other illegitimate mean.
You agree that you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other client/customer/user/member of the Company/ Platform including any User Profile on the Platform not owned/operated/managed by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You agree that you shall not make any negative, denigrating or defamatory statement and/or comment about the Platform/ Company or the brand name or domain name used by the Company/ Platform or otherwise engage in any conduct or action that might tarnish the image, goodwill or reputation of the Platform/ Company or other Users on the Platform or other business partners of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Platform.
You agree that you shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and as amended from time to time and, also all Applicable Laws, rules and regulations and international laws, statutes, ordinances and regulations regarding availing of the Services and the transactions between you and other Users. Further, you agree that you shall not solicit (directly or indirectly) any other Users of the Platform to avail the Services of the Platform being displayed on the Platform, either independently or through a third party except through the Company/ Platform.
TERMS RELATED TO SERVICES
General Terms related to the Services
In order to avail the Service(s), the User is required to become a registered User of the Platform and to have a User Profile. The User may also require to subscribe to a particular FITPASS Products by making requisite payments towards the Subscription Fees (as defined below), as and wherever applicable, for the purposes of availing any Service(s) through the Platform. For the purposes of availing any Service(s) and creating the User Profile, the User is required to provide the required data at the time of sign-up. The User agrees to provide all such other information required for the purpose of availing the Service(s) on the Platform as and when prompted and required by the Platform.
The User undertakes that the User shall use the Platform/ Service(s) only for availing Service(s) and shall not permit the Platform/ User Profile/ Service(s) to be used by or for the benefit of anyone other than the User without the Company’s prior written permission. The User is responsible for (i) providing the requisite data and information requested by the Platform for availing the Service(s) and access features of the Platform; and (ii) using the Platform/ availing the Service(s) in accordance with all applicable laws and regulations.
You acknowledge that the Third Party Service Providers empanelled with us are independent contractors and we have an independent contractual relationship with such Third Party Service Providers and, therefore, in no event we will be directly or vicariously liable for any service, product, advice or training or any loss arising therefrom that the Third Party Service Providers may provide to You or You may avail as part of availing the Service(s).
In respect of your interaction, dealing, and communication with the Third Party Service Provider(s), for availing any Service(s)/FITPASS Product(s), please note that we do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such interaction, dealing, and communication. Your interaction, dealing, and communication with the Third Party Service Providers forms a separate bi-partite arrangement between You and such Third Party Service Providers and thus, any claim arising from such breach is the subject matter of the arrangement between such Third Party Service Providers and you alone, and We are in no way a party to such breach or involved in any suit claim/negligence/damages etc arising from the same breach.
Nothing contained on the Platform shall be construed as a verification, warranty or guarantee with respect to (a) Third Party Service Provider; (b) the accuracy of the representations made or the information posted on the Platform in relation to the information exchanged between the Third Party Service Provider and the User or (c) the quality of the services, facilities, consultation, advice purported to be provided by any Third Party Service Provider.
In respect of the Services, the User may be allowed to provide feedback, ratings, reviews and particulars about the experiences in respect of the Service(s) (“Feedback”), which the Company/ Platform may or may not publish at their sole discretion. It is clarified that the Company hereby disclaims all liability with respect to the content of the Feedback and it is clarified that the Company/ Platform does not endorse any opinions or experiences contained within the content of such Feedback.
The Platform does not advise or counsel the Users upon medical matters. The Platform acts as an intermediary and facilitator between the User and the Third Party Service Providers and enables the User in availing the Services. It is hereby expressly clarified that the contents of the Platform, provisions of the Services, including but not limited to text, graphics, images, advice, recommendations or any information provided by our Third Party Service Provider or any other information which you may obtain in connection with your use and access of Platform/ Services are for informational purposes only and shall not be considered as any medical advice in any way.
You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the use of the Services and Your interactions with the Third Party Service Provider(s). As such, You agree that the Third Party Service Provider(s) are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services/product/content provided by the Third Party Service Provider (s). You understand that the provision of any Service(s) on the Platform is not therapy and does not substitute, prevent, cure, or treat any mental disorder or medical disease.
YOU ACKNOWLEDGE THAT THE PROVISION OF ANY OF THE SERVICE(S) ON THE PLATFORM DOES NOT INVOLVE THE DIAGNOSIS OR TREATMENT OF MENTAL DISORDERS AND IS NOT TO BE USED/CONSIDERED AS A SUBSTITUTE FOR COUNSELLING, PSYCHOTHERAPY, PSYCHOANALYSIS, MENTAL HEALTH CARE, SUBSTANCE ABUSE TREATMENT, OR OTHER PROFESSIONAL ADVICE BY MEDICAL OR OTHER QUALIFIED PROFESSIONALS AND THAT IT IS THE YOUR EXCLUSIVE RESPONSIBILITY TO SEEK SUCH INDEPENDENT PROFESSIONAL GUIDANCE AS NEEDED. IF YOU ARE CURRENTLY UNDER THE CARE OF A MENTAL HEALTH PROFESSIONAL, IT IS RECOMMENDED THAT YOU PROMPTLY INFORM THE MENTAL HEALTH CARE PROVIDER.
The content, plans or any information provided on the Platform in relation to any FITPASS Products or any advice, instruction or guidance provided by the Third Party Service Providers are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new nutrition and/or physical training plan. You understand that you are agreeing to the terms of the Company having known that beforehand and understand that not following the content, plans or any information provided on the Platform in relation to any FITPASS Product(s) or any advice, instruction or guidance provided by the Third Party Service Providers entirely and regularly will not produce 100% results.
The Platform operates as an intermediary between the Users, who are desirous of availing the Services, and the Third Party Service Providers who possess the requisite knowledge, expertise and have the necessary facilities to provide such Services. It is clarified that the Company does not verify the skills, qualifications, credentials, background etc. of any of the Third Party Service Providers and the quality of Services offered by them. It is strongly recommended that every User, while availing the Service(s), should independently verify the skills, qualifications, credentials, background etc. of such Third Party Service Providers from whom such User receives or contemplates to receive advice or services.
Specific terms related to Services
Fitness Centre Facility:
The Platform provides and facilitates the Users the Fitness Centre Facility by providing access to the Third Party Fitness Centres within the FITPASS Network. The provision of Fitness Centre Facility includes physical fitness related training activities including yoga, zumba, pilates, crossfit, kickboxing, gym workout and many more and the membership/subscription/availing of the relevant FITPASS Product(s) permit the User to have access to several Third Party Fitness Centres, including, gymnasiums, fitness studios, classes, health clubs, premises of trainer within the FITPASS Network.
The User agrees and understands that the list of Third Party Fitness Centres within the FITPASS Network is dynamic and subject to change at any time and the Platform/Company shall not be liable if any Third Party Fitness Centre(s) has temporarily or permanently shut down its operations or has been removed from the FITPASS Network for any reason whatsoever.
You acknowledge and agree that the Platform and/or the Company do not have any actual control over the underlying services or quality of services provided by such Third Party Fitness Centres, or their operations or management, and the Platform and the Company hereby disclaims any and all liability arising out of your utilisation of the Fitness Centre Facility with such Third Party Fitness Centres.
The Platform facilitates the Users in availing the Nutritionist Facility on the Platform from the Third Party Nutrition Partners which, inter alia, includes: (i) consultation with the nutritionist i.e., Third Party Nutrition Partner by way of tele-communication, conferencing, online chat, or any other means that the Company/ Platform may provide at its discretion; (ii) calorie counter to maintain a record of the calories consumed; (iii) water tracker; and (iv) meal log to help the Users follow their assigned customized diet plans.
In relation to availing the Nutritionist Facility, upon the User opting for any medium for consultation/ session, the User will be assigned to such Third Party Nutrition Partners, who will provide such customized daily diet plans or such other nutrition related assistance, based on the required information i.e., information pertaining to lifestyle and preferences, provided by the User to the Third Party Nutrition Partner.
As part of the Nutritionist Facility, the Platform maintains a food database that contains a combination of nutritional information, for the purpose of keeping a track of your nutrition and calories consumed. Please be advised that nutritional information found in the food database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information.
It is further clarified that the nutrition recommendations and advice by the Third Party Nutrition Partner take into consideration several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, and the recommended diet plans or nutrition related advices should not be misconstrued as medical advice, prescriptions, or diagnoses.
The opinions, statements, answers and tele-consultations provided by the Third Party Nutrition Partner through the Platform are solely the individual and independent opinions and statements of such Third Party Nutrition Partner and do not reflect the opinions of Platform and the Company.
It is hereby clarified that We are in no way liable for any deficiency of services if any arises including but not limited to cancellation of any scheduled session due to any unavailability of the Third Party Nutrition Partner. We are not liable for the general conduct of the Third Party Nutrition Partner and We shall not be liable for any unwarranted act performed by such Third Party Nutrition Partner.
It is clarified that the Platform is only an intermediary and cannot be held liable for any dispute/claim/damages etc. that arise between the Third Party Nutrition Partner and the User for whatsoever reason it may be and the User shall indemnify and hold harmless the Platform and the Company from any claims arising out or in relation to the same.
Fitness Training Feature:
The Platform provides to the Users the Fitness Training Feature on the Platform which, inter alia, includes, artificial intelligence enabled training and workout plans that includes pre-recorded workout videos to curate personalized fitness routines for the Users.
It is clarified that you must ensure that you are physically fit to undertake such customized workout plans through the pre-recorded videos. You understand and acknowledge your physical and medical limits and undertake the workouts within the said limits. You agree that participation in the workout through the pre-recorded videos by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that your participation in such workout sessions is voluntary and that you knowingly assume all such risks and hence hereby release the Company, the Platform or any third-party associates of all liability arising out of such aforementioned risks.
The Platform and the Company disclaims all liability arising out of the User’s use or reliance upon the pre-recorded videos and any injury, illness or damages sustained from your use of the workout videos.
Product Purchase Facility:
The User agrees that the purchase of the Third Party Products shall be additionally governed by specific policies, guidelines and instructions as provided under these terms, other guidelines or policies provided on the Platform and/or in accordance with the guidelines, terms or policies provided by the relevant Third Party Sellers in respect of particular Third Party Product, such as terms pertaining to cancellation policy, refund policy, delivery terms etc. The User agrees to abide by the terms and conditions of such policies, guidelines and instructions, as may be applicable on such User under the terms contained herein.
It is clarified that all discounts, offers (including exchange offers) pertaining to any Third Party Products are by the individual Third Party Seller only and not by the Platform.
In relation to Product Purchase Facility, it is clarified that the Platform does not warrant that the description, particulars and other content in respect of the Third Party Products, which are offered for sale on the Platform which are listed by the Third Party Sellers, are accurate, complete, reliable, or error-free and in this regard, it is expressly clarified that the Platform shall have no liability and responsibility towards any User.
In relation to Product Purchase Facility, You agree that the contract for sale and purchase of the Third Party Products shall form a separate and independent bipartite agreement between the Third Party Sellers and the User and you agree and acknowledge that the Company/Platform is not a party to such transactions/arrangement/agreement between the Third Party Sellers and the User, has no control over any element of such transactions/arrangement/agreement, and shall have no liability towards any User or any third party in connection with such transactions/arrangement/agreement. At no time, shall the Platform hold and shall be considered to hold, any right, title or interest over the Third Party Products nor shall the Company/Platform have any obligations or liabilities in respect of such contract, transaction and arrangement entered into/made between the Third Party Seller and the User on the Platform. The Company/Platform shall not and is not required to mediate or resolve any dispute or disagreement between User and Third Party Seller.
It is expressly clarified that the Platform merely operates as an intermediary between the User and the Third Party Seller and in this respect, the User agrees and acknowledges that in relation to availing of the services through the Platform the Platform merely facilitates the transaction and dealing between the User and the Third Party Seller for the purposes of the sale and purchase of the Third Party Products. In this respect, You agree to indemnify, defend and hold harmless the Company/Platform and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, and agents etc. against any and all losses, liabilities, claims, damages, demands, costs and expenses, including legal fees and disbursements in connection therewith and interest chargeable thereon, arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Platform to the extent such losses or claims are based on or arising out of or in connection with any transaction arrangement, dealing or any other transaction of whatsoever nature between the User and the Third Party Seller.
It is hereby expressly agreed and understood by the User that:
all commercial and contractual terms relating to the purchase of the Third Party Products are offered by and agreed to between the User and the Third Party Seller alone and such contractual and commercial terms, include, without limitation, the price, date, period and warranties related to the Third Party Products etc.;
the Platform does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms and arrangement between the Users and the Third Party Sellers;
the Platform does not make any representation or warranties as to specifics, such as, the quality and value of the Third Party Products proposed to be sold or offered to be sold or purchased on the Platform;
the Platform does not guarantee that the concerned Users and/or Third Party Sellers will perform any transaction concluded on the Platform between them;
at no time shall the Company/Platform hold any right, title or interest over the Third Party Products nor shall the Company/Platform have any obligations or liabilities in respect of purchase of the Third Party Products between the User and the Third Party Seller on the Platform;
pricing on any Third Party Products as is reflected on the Platform, due to some technical issue, typographical error or Third Party Products information published by the Third Party Seller, may be incorrectly reflected on the Platform and in such an event, we will have no liability or responsibility arising out of the same.
Third Party Content Services:
The User may access the Fitness Content provided by the Third Party Content Providers on the Platform. It is expressly clarified that the Fitness Content are made available on the Platform solely for Your personal and non-commercial use.
For all the Fitness Content, relating to work-out sessions, You acknowledge that You are physically and medically fit to participate in such workout sessions and You further agree that participation in such do-it yourself workout sessions by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby acknowledge that your participation in do-it yourself workout sessions is voluntary and that you knowingly assume all such risks and hence hereby release the Company/ Platform of all liability arising out of such aforementioned risks. The Company/Platform does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or concerning the Fitness Content provided by the Third Party Content Providers.
The User accepts and acknowledges that we do not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statute or otherwise in law or from a course of dealing or usage or trade) in relation to the content or information made available on the Platform, including Fitness Content, by the Third Party Content Providers, including any guarantee or warranty that such Fitness Content do not cause any infringement to rights of any third party.
Please note that We do not verify any Fitness Content provided by the Third Party content Providers on the Platform and to the fullest extent permitted by applicable law(s), we disclaim all liability arising out of your use or reliance on the Fitness Content provided by such Third Party Content Providers on the Platform, representations and warranties made by the Third Party Content Providers on the Platform or any loss arising out of the manner in which the services of the Third Party Content Providers have been availed by the Users.
You understand that We are not responsible for the accuracy, usefulness or safety of or relating to any Fitness Content provided by the Third Party Content Providers. You agree to indemnify and hold harmless the Company/Platform and its owners, employees, directors, promoters, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of such Fitness Content provided by the Third Party Content Providers.
Other Service(s)/facilities offered on the Platform:
The User may Platform, through its artificial intelligence feature in certain FITPASS Product(s), facilitates the Users in customizing the work-out and diet plans based on the data and information provided by the Users.
In relation to availing/subscribing any FITPASS Product(s), the Platform/ Company may gratuitously issue certain promotional codes/benefits/discounts to the Users (“FITCASH”), which will be reflected in account/profile of the Users on the Platform which will display the credit of the FITCASH.
The User can use FITCASH for the purposes of purchasing/subscribing the FITPASS Product(s) only and such FITCASH cannot be transferred to the User’s bank account.
The issue of any FITCASH to the user is subject to the sole discretion of the Company/ Platform and cannot be demanded by any User as a matter of right.
The issue of any FITCASH by the Company/ Platform on any day shall not entitle the User to demand the issuance of such FITCASH at any subsequent period in time nor create an expectation of recurring issuance of such FITCASH by the Company/ Platform to such User.
In addition to the terms herein, Usage and benefit of FITCASH is also subject to the terms and conditions as provided on the Platform in relation thereto.
In case the User terminates his/her account/profile on the Platform or in the event that such account/profile is terminated by the Company/ Platform, all the FITCASH granted to the User shall expire and the User shall not have any right or interest on such FITCASH.
All FITCASH credited to the User profile/account shall be valid for a period of 120 days from the date of credit. FITCASH shall lapse at the end of 120 days.
TERMS RELATED TO PAYMENT
Please note that the User can avail the Service(s) by subscribing to any FITPASS Product(s) by making the payments towards the requisite subscription fee, as applicable in relation to such FITPASS Product(s)/Service(s) (Subscription Fees”). The Users can also make payments towards purchase of any services or products offered by Third Party Service Providers through the Platform, such as, in relation to purchase of any Third Party Product (“Third Party Services Payment”).
For the purpose of making payments towards any Subscription Fees/Third Party Services Payment, the User can make such payments via any one of the following methods of payment:
It is agreed between the Parties that all payments made against the services on the Platform shall be in INR and the Platform shall not facilitate transaction with respect to any other form of currency for the payment to be made to avail the Services.
Any payment in respect of Services shall be subject to applicable tax laws of India.
It is clarified that any payment made towards the Subscription Fee for subscribing any FITPASS Product shall be final and payment shall be not be refunded in any circumstance to any User.
INTELLECTUAL PROPERTY RIGHTS
It is further acknowledged and agreed by you that all the IPRs in all material presented on the Platform, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos and all other material appearing on the Platform are the property of the Company, and are protected under applicable Indian laws.
the Platform is unable to verify or authenticate any information provided to the Platform by the User;
We believe, in its sole discretion, that the User’s actions may cause legal liability to the Company/ Platform, (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Platform;
We are required to do so by law; or
the User fails to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Company to provide the Services to the User;
You acknowledge and agree that the Company may immediately deactivate or delete your User Profile and all related information and files in your User Profile and/or bar any further access to such files or the Service(s). Further, you agree that the Company shall not be liable to you or any third-party for any termination of your User Profile or denial of access to the Service(s)/Platform. In the event of termination of your User Profile by the Company due to any of the aforementioned reasons, the Company shall have the sole discretion to terminate or cancel any of your past acts without any liability to the Company.
The Company does not permit copyright infringing activities on the Platform and reserves the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law, contract and/or equity.
The User is entitled to terminate this legal relationship, at all times by deletion of the User Profile and, thus disabling the use of the Platform/ Service(s).
In no event shall We, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Platform; availing of Service(s); any interaction, communication, dealing and transaction between you and any third party/ Third Party Service Provider(s).
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. The Company accepts no liability for any loss or damage suffered due to the User’s reliance on the product/ services offered by Third Party Service Provider(s) or any other third party. Also, the Company shall not be responsible for any inaccurate/ incorrect information provided by any Third Party Service Provider(s) or any other third party.
The User understands and agrees that the Company/ Platform shall not be liable for any content posted, transmitted, exchanged or received by or on behalf of any User or another person on or through the Platform and any unauthorized access to or alteration of your transmission or data.
The Company/ Platform shall not be liable for any loss or liability to the User caused by any unauthorized use of the User Profile and the User, in this respect, shall indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Platform to the extent of such losses being based on or arising out of or in connection with such unauthorized or fraudulent use of the User Profile.
THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, OR CONTENT INCLUDED ON THIS PLATFORM. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM, ACCESS TO FACILITIES, CONTENT, PRODUCTS, ACTIVITIES, AND ANY OTHER SERVICES OFFERED TO OR THAT CAN BE AVAILED BY A USER BY WAY OF SUBSCRIPTION OF FITPASS PRODUCTS IS AT YOUR SOLE RISK. HENCE YOU AGREE THAT THE COMPANY SHALL BE IN NO EVENT LIABLE FOR ANY INJURY, LOSSES, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ACCESS TO FACILITIES AND PARTICIPATION IN THE ACTIVITIES, AND ANY OTHER SERVICES OFFERED BY THE THIRD PARTY SERVICE PROVIDERS PURSUANT TO SUBSCRIPTION OF FITPASS PRODUCTS BY A USER.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, THE COMPANY/PLATFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY/PLATFORM DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE COMPANY/PLATFROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY HARM TO PERSONS RESULTING FROM ANY INSTRUCTION REFERRED TO IN THE PLATFORM. WE DO NOT WARRANT THAT THE PLATFORM, OR ITS CONTENT WILL MEET YOUR REQUIREMENTS.
ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USER AND THIRD PARTIES/ THIRD PARTY SERVICE PROVIDERS WHILE AVAILING THE SERVICES IS A SEPARATE TRANSACTION. THE COMPANY DOES NOT HAVE ANY CONTROL OVER SUCH INFORMATION AND PLAY NO DETERMINATIVE ROLE IN THE FINALIZATION OF THE SAME AND HENCE DO NOT STAND LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALING OR TRANSACTION BETWEEN THE USER AND SUCH THIRD PARTY SERVICE PROVIDERS/ ANY OTHER THIRD PARTY.
THE PLATFORM IS ONLY AN INTERMEDIARY AND CANNOT BE HELD LIABLE FOR ANY DISPUTE/CLAIMS/DAMAGES THAT ARISE BETWEEN THE USER AND THIRD PARTIES/ THIRD PARTY SERVICE PROVIDERS. THE COMPANY SHALL BEAR NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED DUE TO YOUR RELIANCE ON THE PRODUCT/ SERVICES/INFORMATION PROVIDED BY SUCH THIRD PARTIES/ THIRD PARTY SERVICE PROVIDERS.
YOU UNDERSTAND THAT THE PLATFORM ALLOWS YOU TO AVAIL THE SERVICES OF THE THIRD PARTY SERVICE PROVIDERS, THEREFORE, THE USER MUST UNDERSTAND AND AGREE THAT THE COMPANY/PLATFORM SHALL NOT BE LIABLE FOR ANY DEFICIENCY IN SERVICES OFFERED BY SUCH THIRD PARTY SERVICE PROVIDERS AND ANY MISCONDUCT, INJURY CAUSED OR LACK OF KNOWLEDGE FROM THE END OF SUSCH THIRD PARTY SERVICE PROVIDERS.
THE PLATFORM CANNOT GUARANTEE THE ADEQUACY, CURRENCY OR COMPLETENESS OF THE PLATFORM CONTENT. THE COMPANY/ PLATFORM DOES NOT WARRANT OR ENDORSE THE EFFECTIVENESS, QUALITY OR SAFETY OF THE SERVICES AVAILABLE ON THE PLATFORM.
IT IS EXPRESSLY CLARIFIED THAT THE PLATFORM HAS NO SELLER-BUYER RELATIONSHIP WITH YOU AND DOES NOT REPLACE YOUR RELATIONSHIP WITH THIRD PARTY SELLER AS CONTEMPLATED UNDER THE TERMS HERE. THE COMPANY MERELY ACTS AS INTERMEDIARY AND PROVIDE PLATFORM TO THIRD PARTY SELLER AND THE USER TO CONNECT IN ORDER TO AVAIL THE SERVICES PROVIDED BY US. THE PLATFORM CANNOT BE HELD LIABLE FOR ANY DISPUTE/CLAIMS/DAMAGES THAT ARISE BETWEEN YOU AND THE THIRD PARTY SELLER OR ANY THIRD PARTY(IES). THE COMPANY SHALL BEAR NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED DUE TO YOUR RELIANCE ON THE REPRESENTATION MADE OR INFORMATION PROVIDED BY ANY OTHER USER(S) OF THE PLATFORM.
ALL THE DEALING, TRANSACTION OR ARRANGEMENT BETWEEN THE USER AND THE THIRD PARTY SELLER WHILE PURCCHASING THE THIRD PARTY PRODUCTS ON THE PLATFORM, IS A SEPARATE, INDEPENDENT AND BIPARTITE TRANSACTION, ARRANGEMENT AND AGREEMENT BETWEEN SUCH USER AND THIRD PARTY SELLER AND THE COMPANY DOES NOT PLAY ANY DETERMINATIVE ROLE IN THE RESPECT OF THE SAME AND HENCE DO NOT STAND LIABLE FOR THE OUTCOMES OF SUCH DEALING, TRANSACTION OR ARRANGEMENT BETWEEN THE USER AND THE THIRD PARTY SELLER.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
The dispute shall be referred to a sole and independent arbitrator to be appointed/ nominated by the Parties. The seat and venue of the arbitration shall be New Delhi, India.
The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment thereon in India or elsewhere. The Company and the User will bear its own costs of the arbitration.
The Company may give notice by means of a general notice on the User Profile or Platform, or by electronic mail to User’s email address or contact number, or by written communication sent by regular mail to User’s address on record in the User Profile. The User may contact Company by electronic mail to the compliance/ Grievance Officer at the email address or by written communication sent by regular mail to the address provided below.
Other than that, when expressly allowed, any use of our content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
In our discretion We may serve any notice or communication on you by mail. In the case of notices sent by mail, you will be deemed served 5 (five) business days after dispatch of the same.
Attn: Ms. Swati Padiyar
Designation: Grievance Officer
Address: FITPASS, 2E/8 Second Floor, Jhandewalan Extension, New Delhi – 10055