These terms of use ("Terms of Use") mandate the terms on which the users access and register on the 'FITCOMMUNITY' website m-web and mobile application (collectively referred to as the "Platform") operated by FITCOMMUNITY Private Limited (hereinafter referred to as "We" or "Our" or "Us" or "Company") and the Platform Services (as defined below) provided through the Platform.
This document is an electronic record in terms of Information Technology Act 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the Terms of Use and Privacy Policy (together hereinafter referred to as "Agreement") carefully before using or registering on the Platform or accessing any material information or Platform Services through the Platform. Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or booking purchase or availment of the Platform Services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.
These Terms of Use applies to all the users of the Platform including:
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. The services (collectively the "Services") available on the Platform and provided by Company / Partners are listed below:
FITCOMMUNITY Booking Services and Other FITCOMMUNITY Services shall be collectively referred to as "FITCOMMUNITY Offerings". Physical Fitness Services Digital Services and FITCOMMUNITY Offerings shall be collectively referred to as "Platform Services" and shall be provided by Company Partners or their associates with whom the Company or Partners have contractual arrangements. The Company shall facilitate the provision of the Platform Services and independently provide FITCOMMUNITY Offerings and provide such other services (including account creation and management management of various services purchased / booked on the Platform payment and transaction summary generation services etc.) to You by allowing You to register and access the Platform on the terms and conditions set forth below.
Physical Fitness Services shall include offline mental and physical fitness sports related training activities including swimming mindful yoga psychotherapy and meditation related training activities under the brand name 'FITCOMMUNITY'; Digital Services shall include online mental and physical fitness training activities including live and pre-recorded sessions for yoga meditation and other fitness-related content under the brand name 'FITCOMMUNITY';
Booking Appointment/Session: Subject to payment of necessary fee / purchase of required membership and availability of slots You shall be permitted to book and participate in various underlying Physical and Online Fitness Service session(s) ("Sessions") and allied services. 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 Online Sessions.
Any memberships / single Sessions bought or booked by You are non-transferrable and non-refundable.
Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms conditions and notices contained in these Terms of Use along with any amendments made by the Company at its sole discretion and posted on the Platform. By (i) using this Platform or any Platform Services in any way; or (ii) merely browsing the Platform You agree that You have read understood and agreed to be bound by these Terms of Use available at FITCOMMUNITY website and mobile app.
The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. It shall be Your responsibility to check this Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes to this Terms of Use on the Platform will constitute Your consent and acceptance of those changes.
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 agree to pay for all fees and charges incurred while using the Platform Services. Additional taxes or third party charges may apply.
All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company's Privacy Policy you acknowledge and agree that the Company may use certain third-party vendors and service providers including payment gateways to process payments and manage payment card information.
Physical and Online Sessions -- Any FITCOMMUNITY memberships / sessions / classes / activity bookings bought by You are non-refundable non-exchangeable and non-saleable.
Subject to compliance with the Terms of Use the Company grants You a non-exclusive revocable limited privilege to access and use this Platform and the Platform Services. You agree to use the Platform Services Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Platform Services are meant to be used; and (c) in accordance with any applicable law regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company/other Users.
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.
You expressly understand and agree that to the maximum extent permitted by applicable law: the Platform Platform Services and other Content are provided by the Company on an "as is" basis without warranty of any kind express implied statutory or otherwise including the implied warranties of title non-infringement merchantability or fitness for a particular purpose.
You agree to indemnify defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates') officers directors consultants agents employees and Vendors on the Platform ("Indemnitees") from and against any and all losses liabilities claims damages demands costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of result from or may be payable by virtue of any breach or non-performance of any representation warranty covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use.
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company and/or Vendors as the case may be for which monetary damages would be inadequate and You consent to the Company and/or Vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances.
The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes in its sole and absolute discretion that you have infringed breached violated abused or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
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 Bangalore.
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform or if You wish to report a grievance regarding Platform or Platform Services please report the same to the following e-mail id: support@fitcommunity.in or reach out to our Grievance Officer whose contact information is detailed below:
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 support@fitcommunity.in or contacting our Grievance Officer.
Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to support@fitcommunity.in or to our Grievance Officer with subject line - Attention: TERMS OF USE.
Assignment: You cannot assign or otherwise transfer the Terms of Use or any rights granted hereunder to any third party. The Company's rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.
Severability: If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or any portion thereof to be unenforceable that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision and the remainder of the Terms of Use shall continue in full force and effect.
If You believe the Platform or any of the Platform Services violates Your intellectual property You must promptly notify the Company in writing at support@fitcommunity.in.
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