- Any supplier of goods / services (whether an individual, professional or an entity, or similar institution) on the Platform, directly or indirectly, including designated / authorised associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”);
- An individual who accesses and registers on the Platform and/or places a service request on the Platform (“End-User”, “You”, “Your” or “Users”); or
- Otherwise a user or visitor of the Platform (“You” “Your” or “Users”).
- You acknowledge that the Platform is a web service that allows You to avail services directly from the Company as well as from various Partners. Some of the services available on the Platform and provided by Company / Partners are listed below:
- Virtual Single (Pay per session) provided by the partners.
- Virtual Long-term plans (More than a week in duration) provided by the partners.
- Offline or In-person Fitness Sessions provided by the partners.
- Virtual Corporate Wellness Sessions Provided by the Company.
- The charges indicated on the Platform for the Platform Services will be as determined by the Company or respective Partners, as the case may be, and is excluding taxes and other applicable charges as mentioned on the Platform. The charges and Platform Services may change at the Company’s or Partners’ sole discretion and the Company and Partners do not guarantee that the charges will be the lowest in the city, region or geography or if the products / services will be available for delivery / performance at all times.
- Charges for the Corporate Wellness Sessions will be communicated by the Company and is excluding taxes and any other applicable charges. These sessions will be governed by separate Terms and conditions which are briefly mentioned under Terms and Conditions for Corporate Wellness.
- Any order/booking made for a Platform Service(s) through the Platform shall be, in addition to the terms mentioned herein, subject to additional terms and conditions of the Partners or their service providers / associates (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned on Partner’s or their associates’ respective website / mobile application, which You are presumed to have read and accepted at the time of placing the order/booking.
- The Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, exchange policy, etc.) which are briefly mentioned below.
- Platform Services shall include virtual and offline physical fitness, sports related training activities including but not limited to Running, Cycling, Swimming, Yoga, Pilates, CrossFit, Zumba and Dance Fitness.
- Services purchased from the platform permits access to third-party fitness centres, gyms, studios, training centres, etc. You acknowledge and agree that Platform do not have any actual control over the underlying services or quality of services provided by the Partners, or their operations or management, and the Platform hereby disclaims any and all liability arising out of Your utilisation of the Services with such Service Providers.
- Relevant Partners, their associates / service providers, and Platform and its business partner(s) hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Fitness Services facilitated / provided by them. Further, relevant Partners, their associates / service providers, and Platform and its business partner(s) make no representation that Fitness Services provided by relevant Partners and / or Service Providers are appropriate or safe for use. You agree that the Fitness Services offered herein, 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 is voluntary and that You knowingly assume all such risks and hence hereby release relevant Partners, their associates / service providers, and Platform and its business partner(s) of all liability arising out of such aforementioned risks;
- If Company and / or relevant Partners run any offers or discounts subsequent to Your purchase, neither Company and / or relevant Partners and / or Platform nor their business partner(s) are obliged to offer You the benefits under such subsequent offers, however Company and / or relevant Partners and / or Platform or their business partner(s), as may be the case, may offer You benefits under subsequent offers at an additional fee. In addition to these terms, there are additional terms and conditions applicable on You under the specific offers, discount and sales schemes/ campaigns;
- For workout / fitness Sessions, You must ensure that You are physically and medically fit to participate in the Sessions. You must understand Your physical and medical limits and attend the Sessions within the said limits. You agree that participation in the 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 assert that your participation in the Sessions is voluntary and that you knowingly assume all such risks and hence hereby release Company, relevant Partner or any third-party associates of all liability arising out of such aforementioned risks. Company, relevant Partner or any third-party associates do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or concerning the Sessions.
- Platform / relevant Partner may record audio and / or video of any and all Sessions conducted, for quality and safety purposes, which may be referred to in case of any complaints / disputes.
- You agree to abide by Fair Usage Policy mentioned below:
- In order to participate in the Sessions, You must book the Sessions in advance through the Platform. Further, You may also need to comply with certain technical requirements to participate in the Sessions.
- Any purchases made by you on the platform are not transferable.
- Video conferencing link for Online or Virtual sessions should not be shared with others.
- Relevant Partner(s) may review Your usage of the Services that violates the Code of Conduct and suspend or terminate Your services at any time for any reason in at their sole discretion with or without notice to You. If any complaint is received against a User to the effect he/she has used the Services for the above purposes, then upon receiving such complaint relevant Partner and / or Platform and / or Service Provider reserves the right to terminate the account / User’s membership in question. Aforementioned also reserves the right to initiate legal action against You.
- You have provided Your consent to relevant Partner and / or Platform to share Your health and other records, if any, with the Company, or other service providers for providing services to you.
- Fitsocial may, from time to time, offer Kids Plans, which shall have additional terms and conditions mentioned below:
- Kids can be purchased and availed only by guardians for their children between the ages of 5 and 14 years, provided that the parent or guardian shall have duly executed a guardian consent form, in the format, as approved by Fitsocial;
- The membership is non-transferable. If the membership is found to being used by any person other then who it was purchased for, the membership will be cancelled immediately, without refund of any fees.
Terms specific to underlying service provider (“Service Provider”) providing Digital Services:
- The Service Provider shall provide the Services as per the booking details on the Platform.
- The Service Provider shall provide details of their working hours, available slots, locations, details regarding various sessions along with a description of the same in the manner as required by the Company from time to time. The Service Provider shall provide at least a 2 (two)-week prior written notice in the event of any change in the above-mentioned details of the Service Provider to the Company/Vendor.
- The Service Provider shall at all times comply with such regulations as laid down in Service Provider Code of Conduct available on the Platform and / or shared by the Partner.
- The details of the Service Provider including contact details, sessions details, profile details, and such other information as required under applicable laws or as required by the User to avail the Digital Services may be listed and provided on the Platform. You understand and confirm that all such details of the Service Provider shall be as per the information provided by them, and Platform/ relevant Partner has no control over such details and information. The authenticity and genuineness of such information shall be Your sole responsibility and Platform/ relevant Partner shall have no liability with respect to the authenticity of such information.
- Based on the availability of the Services, the Users shall be allowed to book a session/class with the Service Provider.
- Any cancellation of a Session/Class by the Service Provider is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Service Provider to the Platform. The Service Provider must immediately contact Fitsocial if the Service Provider needs to cancel or refuse an allocated Service Request. Any such cancellation or refusal to provide Digital Services may lead to a deduction from, or withholding of part or whole of, the fee to the extent necessary to reimburse the actual cost, loss or expense to Platform/ relevant Partner of such cancellation or refusal.
- Service Provider agrees and confirms that the provision of any Services shall solely be their responsibility and therefore Service Provider hereby agrees that any complaint/s by the Users regarding the Services will be considered to be a breach of the obligations by the Service Provider hereunder for which Platform shall not be responsible in any manner. Service Provider shall solely be liable or responsible for any loss or damage cause or suffered by any of the User pursuant to the receipt of the Services. If there is any serious complaint regarding any Service Provider, Platform may, in its sole discretion, immediately terminate any arrangement with such Service Provider and delist the Service Provider.
- The Service Provider shall upon receipt of a notice in respect of improvement of service quality, take immediate steps to remedy the same at its own cost and expense failing which the Service Provider may be immediately delisted from the Platform.
- The Service Provider shall always ensure that the services are performed/ delivered in a manner so as to protect the reputation and goodwill of the Company, Platform, Fitsocial and/or any of its business associates and that it shall not act in a manner derogatory to the business and goodwill of the Company, Platform, Partners and/or any of their business associates. The Service Provider should not discriminate against the other Users for any reason, including on the basis of sex, race, caste, creed etc.
- The Service Provider must provide the Services to Users: (a) in accordance with all applicable laws; (b) with all due care and skill; (c) in a courteous, effective and timely manner; and (d) in a manner as communicated / required by the Platform/relevant Partner, or their policies, from time to time.
- The Service Provider must not use or affix any Platform/ relevant Partner or any of their affiliates or associates branding (including their logo or other sticker) on any of the Services unless agreed by the Parties or placed by the Platform/ relevant Partner or required by applicable law, in which case the Service Provider must adhere to the terms laid by the Platform/ relevant Partner.
- The Service provider shall make himself/ herself/itself available for such training as Platform/ relevant Partner may be required to organize pursuant to Applicable Law or as Platform/Fitsocial may deem necessary.
- The Service Provider shall ensure that any statistical data, feedback and other information collated and shared by Platform/ relevant Partner are not to be provided, shared or disseminated with any competitor of Platform or any other third parties under any circumstances whatsoever.
- The Service Provider hereby represents that the Services being provided by it will not infringe any intellectual property right or any other right of Platform/ relevant Partner and/or any third party.
- Service Provider shall ensure that it has or has procured all rights, title and interest in patents, moral rights, copyrights, trademarks, proprietary marks and/or licensed software, service marks used or placed in relation to the Services provided by the Service Provider, including but not limited to copyrights on any music, sequence of movements and formats which are part of its services. Service Provider shall indemnify and keep Platform, Company and/or relevant Partner(s) indemnified from any third-party infringement claims in respect of any Digital Services.
- The Service Provider represents and warrants the following:
- It is duly registered, validly existing under the applicable laws of India and has the necessary power to execute, deliver and perform its obligations under this Agreement and is duly authorized for the purposes of entering into and duly performing its obligations as per the terms contained under this Agreement.
- It has obtained all governmental approvals, statutory, regulatory or other third-party consents (including contractual counterparties), licences, authorisations, waivers or exemptions required to empower the Service Provider to enter into and perform their obligations under this Agreement. This obligation shall continue to be in full force and effect (or shall be in full force and effect) during the term of this Agreement.
- It has not received any notice or threat in writing, nor are there any claims or proceedings before any court or tribunal, which could reasonably be expected to prevent the Service Provider from fulfilling any of its obligations under this Agreement.
- The execution, delivery and performance by it of its obligations under this Agreement does not and will not contravene any applicable laws, regulation or order of any governmental authority or any judgement or decree of any court having jurisdiction over it or conflict with or result in any breach or default under, or accelerate any obligation under, any agreement to which the Partner is a party or by which it is bound.
Eligibility to Use
- The Platform Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Platform Services under the applicable laws.
- The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.
- You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
User Account, Password, and Security
- In order to avail the Platform Services (as defined hereinafter) on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”).
- You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
- You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
- Use of another User’s Account information for availing the Platform Services is expressly prohibited.
Fees & Charges
- You agree to pay for all fees and charges incurred while using the Services and the Platform Services. Additional taxes or third party charges may apply.
- You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annual, recurring, non-recurring subscription, or any other options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
- Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users, including those having only booked / utilised trial services, or trial users of the Platform do not qualify as new users. No promotion code or discount will apply to any services / products unless otherwise stated on the Platform. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription or membership purchased.
- The payment receipt for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by the Company, the transaction summary shall be made available on the Platform and also sent to your registered email address. Company collects the payment on behalf of the respective Vendor, and eventually settles the same.
- Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided the Company with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
- You may request cancellation of the Services purchased on the platform, however the same must be done within 7 days from the date of purchase. Refunds cannot be claimed for any purchase after 7 days of purchase. However, this is not applicable for pay-per-sessions
- The Company and / or relevant service provider(s) / vendor shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.
- With regards to payments, the Platform shall not be responsible for any unauthorised transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.
Use of Platform
- You agree not to access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform.
- You acknowledge and agree that by accessing or using the Platform or Platform Services or Content, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.
- Further, You undertake not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide you undue advantage or benefit in purchasing goods / availing services;
- engage in any activity that interferes with or disrupts access to the Platform or the Platform Services or the Content (or the servers and networks which are connected to the Platform);
- attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Platform Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
- 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, the Platform, to its source, or exploit the Content, Platform or Platform Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
- collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.
- use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform
- Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any Content available on the Platform, subject to the following conditions:
- You may not modify or alter the Content available on the Platform;
- You may not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.
Intellectual Property Rights
- The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Company and / or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
- The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and / or Vendors and / or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company, or the Vendors, or the third party that may own the Marks.
Disclaimer of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- the Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content.
- the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or Platform Services, either with or without your knowledge.
- the Company has endeavored to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Platform Services. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material or data or Content downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
Indemnification and Limitation of Liability
- In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
- If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under applicable law.
Suspension and Termination
- If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your use of the Platform Services and the Company shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.
- You shall be liable to pay for any Platform Services that you have already ordered till the time of termination by either party whatsoever.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Hyderabad.
Report Abuse and Grievance Redressal
You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company, Vendors and other third parties relating to the Platform Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to email@example.com. However, this may limit the extent of Platform Services that you can avail.
If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly notify the Company in writing at firstname.lastname@example.org. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
- the intellectual property that You believe is being infringed;
- the item that You think is infringing and include sufficient information about where the material is located on the Platform;
- a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
- Your contact details, such as Your address, telephone number, and/or email;
- a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
- Your physical or electronic signature.