Terms Of Use | Fitistan

These terms of use (“Terms of Use”) mandate the terms on which the users access and/or register on the Kyrogenius Fitness Technology Private Limited (referred as “Fitistan”) website, m-web and mobile application (collectively referred to as the “Platform”), operated by Diverse Retails Private Limited (hereinafter referred to as “We” or “Our” or “Us” or “Company”), and the Platform Services (as defined below), provided through the Platform, as detailed under Section I (Applicability) below.

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 (i) Your acceptance of the Agreement and Your acceptance to be legally bound by the same; (ii) You are above 18 years of age and competent to enter into this Agreement. 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.

‌APPLICABILITY

These Terms of Use applies to all the users of the Platform including:

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”); or

An individual who accesses and/or registers on the Platform and/or places a request for Services (as defined below) or Products (as defined below) on the Platform (“End-User”, “You”, “Your” or “Users”).

‌PLATFORM SERVICES

You acknowledge that the Platform is a web service that allows You to avail services / buy products directly from the Company as well as from various Partners. Some of the services (collectively, the “Services”) and products (collectively, the “Products”) available on the Platform and provided by Company / Partners are listed below:

Physical events and allied services under the brand name ‘Fitistan’/ ‘Soldierathon’ or any other brand name(s) provided by Kyrogenius Fitness Technology Private Limited;

Memberships sold by Fitistan (“Services”) as the case may be, granting access to various underlying services, including Fitness Services, services from third-party fitness centres, marathon, webinars, close door events etc.

Single session / subscription based digital services / products on the Platform, like recorded audio and/or video content, real time online training services, as provided by or featuring Partners and / or their associates (“Digital Services”), which shall include:

Single sessions / subscriptions from Fitistan permitting access to and booking of pre-recorded and/or do-it yourself audio and/or video content relating to physical and/or mental fitness, nutrition, cookery, recreation, physical and/or mental live experiences and allied content (“Digital Content Services”);

Single sessions / subscriptions from relevant Partner(s) permitting access to and booking of real-time audio and/or video consultancy / coaching and/or training session(s) relating to physical and/or mental and/or holistic fitness and/or wellness, nutrition, cookery, recreation (“Digital Training Services”).

Purchase of products such as T-shirts, Medals, accessories and original merchandise such as apparels, footwear and accessories from various fashion and lifestyle brands and such other Products as may be available on the Platform from time to time (collectively referred to as “Diverse Products”);

Procurement and/or generation, reproduction on the Platform, sharing with relevant Partners or their associates for You, if applicable, and communication to You of (i) Your indicative usage and/or consumption data; and (ii) any documents or data generated from Your purchase and / or usage and / or consumption of aforementioned products and/or services, separately as well as jointly with other Products and/or Services listed on the Platform, including transaction summaries, invoices, reports, scores, achievements, access to photos, medical records, lab reports etc. (“Other Diverse Services”);

The Company shall facilitate the provision of the Platform Services and independently provide Diverse Offerings and provide such other services (including account creation and management, management of various Products and 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.

‌ELIGIBLITY TO USE

The User shall abide by the following terms to avail, use, access the Platform Services (“Eligibility Criteria”):

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. However, Fitistan may at its sole discretion offer such services as it may deem fit for children below the age of 18 (eighteen) years subject to the terms mentioned herein. 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. You further confirm and agree that You are physically and mentally fit to use the Platform Services.

If You reside in a jurisdiction that restricts the use of the Platform Services because of age, or restricts the ability to enter into contracts such as these Terms of Use due to age, You must abide by such age limits. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless the Company / Fitistan, or its relevant Partner(s), associates / service providers, and Platform and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company / Fitistan, its relevant Partner(s), or their associates / service providers, and Platform and its business partner(s) 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 such individuals pursuant to these terms.

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.

In case of non-compliance with rules and regulations, this Agreement, privacy policy or user agreement for access or usage of the computer resource of the Company, it has the right to terminate the access or usage rights of the Users to the computer resource immediately or remove non-compliant information or both, as the case may be.

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.

In addition to the Eligibility Criteria, You also agree and confirm that You have no medical condition that would prevent You from accessing

/ using the Fitness Services, Fitistan Services and/or FitistanPlay Services. You are recommended to consult a doctor / healthcare professional before starting any Fitness Services, Fitistan Services and/or FitistanPlay Services.

Individuals with disabilities may contact Us for any questions pertaining to the use of the Fitness Services, Fitistan Services, FitistanPlay Services and/or any other services under this Terms of Use. You may contact us through e-mail at hello@Fitistan. Access / usage to the aforementioned services shall be at the sole discretion of Fitistan. Such individuals and their guardians (as the case may be) shall, at all times, be required to abide by the terms and conditions provided by Fitistan.

‌ACCEPTANCE OF TERMS OF USE

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 Fitistan 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.

Any order/booking made for a Platform Service(s) shall be, in addition to the terms mentioned herein and the FAQs available on the Platform, 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, return policy, etc.) which are briefly mentioned below.

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 acknowledge and agree to avail all of the aforementioned Services at Your own risk and responsibility irrespective of such Services being supervised or not by any of the staff members, trainers etc. 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;

You confirm and agree that in addition to acceptance of these Terms of Use, Your use and/or booking of the Fitistan Services and signifies Your acceptance of any additional terms and conditions, guidelines, house rules, etc., posted, communicated or displayed on the websites/app of the Fitistan. To the fullest extent permissible pursuant to applicable law, Your use of the Fitistan Services, Your attendance at, participation in, purchase and/or use of the Fitistan Services, is solely at Your own risk, and the Platform and/or relevant Partner, and/or Fitistan does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the Fitistan Services.

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;

Fitistan Social: You may have access to features through which You may access and share a variety of resources, information and data including planning, training activities with other Users, updating Your fitness profile, viewing public profile of other Users, reacting to other Users’ fitness activities, motivating such Users and/or expressing gratitude to such Users, adding and accessing videos, photos and status updates, access to communication forums and certain product information. In order to access these features, You shall create Your profile on Your Account by providing certain details including Your name, image, interested training activities, and such other details as may be required (“Fitistan Social Profile”). In case You choose to make Your Fitistan Social Profile public, You agree that all the information on Your Fitistan Social Profile including username, Images (defined below), photos and other activity details shall be visible to all the Users on Fitistan Social and the Users will be able to access, like or comment on the activities on Your Fitistan Social Profile. Further, Fitistan Social will allow You to view other Users profiles who have attended the same class/session and vice versa. You can always opt-out and make Your profile private. Your access to Fitistan Social shall be subject to the following.

Access to the Photos/Videos: Fitistan may offer the opportunity to get Your photographs clicked (either single photo or in a group with other users) or appear in a video during event (“Online/Offline”) fitness centres (“Images”). You acknowledge that the Images uploaded by Fitistan shall be accessible to all. The said Users may download or take a screenshot of the Photos. In the event. The Images may also be seen, accessed, or downloaded through third-party services such as search engines, APIs, websites and other services. Fitistan/Company disclaims any and all liabilities with respect to the misuse, loss, modification, unavailability of the Images or content available on Fitistan Social.

Ownership Rights: You agree and confirm that You shall provide/upload only those information, photos, videos and content on Your Fitistan Social Profile that You have the right to share and upload and that your information on Fitistan Social Profile will be truthful. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). All rights, title and interest including all intellectual property rights in Fitistan Social including Images, content, any derivatives, modifications, enhancements and new inventions undertaken in the Fitistan Social shall belong to and vest entirely in Fitistan. Fitistan, in its sole discretion, may from time to time make additions to, deletions from, or modifications to ever-evolving Fitistan Social, specifications and/or communications facilities, including to comply with changes, or contemplated changes, in law. For the information or content that You submit or post on Your Fitistan Social Profile, You are hereby granting Fitistan and its affiliates a worldwide, transferable, non-exclusive and sub-licensable right to use, copy, modify, distribute, publish and process, create derivative work, and such other right including displaying the said content on public platform including social media platform without any consent, notice and/or compensation to you or any third party. Fitistan reserves all the right, title and interest on Fitistan Social not expressly granted to the fullest extent possible under applicable laws. Unless stated otherwise, all contents uploaded by Fitistan are believed to be in the public domain as either promotional materials or publicity photos as Fitistan may determine.

Prohibited Use: Fitistan may access, review, screen, and delete content uploaded on Fitistan Social at any time and for any reason, including to provide and develop the Fitistan Social or if Fitistan thinks Your content violates these Terms of Use. You alone, though, remain responsible for the content You create, upload, post, send, or store on the Your Fitistan Social Profile. You will not, and will not permit any person, directly or indirectly, to (a) use Fitistan Social including Images or any content for any illegal, misleading, or fraudulent activity, defame, abuse, harass, threaten or do any other activity which infringes the rights of Fitistan or others, or publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information or any other content which belongs to another person over which You do not have any right through any bookmark, tag or keyword; (b) make available, sublicense, otherwise transfer or assign, or otherwise exploit Fitistan Social or do anything to interfere with or impair the intended operation of Fitistan Social; (c) edit, change, prepare any derivative work of or alter in any way any of the Images or content provided on Fitistan Social, (d) input, upload, transmit or otherwise provide to, or through the Fitistan Social any information or materials that are in violation of law, injurious, contain, transmit or activate any viruses, malicious or harmful code, or any other similar software or programs, or 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; (e) act in a manner intended to exceeding any restrictions or limitations set forth in these Terms of Use or the Privacy Policy; (f) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (g) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means; (h) collect or store data about other Users in connection with the prohibited conduct and activities or conduct/forward surveys, contests, pyramid schemes or chain letters; and (i) upload any other content which is non-complaint with the Information Technology Act, 2000, rules, guidelines and regulations made thereunder, including Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Terms and Policies.

‌USER ACCOUNT, PASSWORD, AND SECURITY

In order to avail the Platform Services 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.

‌USE OF PLATFORM

Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, revocable, non-transferrable, non-assignable, 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.

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.

If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms of Use.

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;

derive any commercial benefits from the usage of the Platform or the Platform Services;

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 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;

use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

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;

violate the Terms of Use contained herein or elsewhere; and / or

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 access the Content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;

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/or

You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.

‌FEES, CHARGES AND SUBSCRIPTIONS

Any membership on the Platform may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription within a free trial, we may begin billing You for periodical membership fees at the time of subscription purchase or at the end of the free trial period unless You cancel Your membership prior to the end of the free trial period subject to Our sole discretion.

You agree to pay for all fees (including platform fees) and charges incurred while using the Platform Services. Additional taxes or third party charges may apply.

You may be offered (a) pay per service; (b) subscription options, which could be monthly, quarterly, half yearly, annual, recurring, non- recurring subscription 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.

Non-recurring subscription(s) are non-cancellable. However, You may cancel Your recurring subscription(s) at any time by going to Your Account Settings and cancelling Your subscription before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Detail You have provided. Refunds cannot be claimed for any partial-term subscription period.

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.

‌Payment Services
1. 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 related information.

In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (a) You are legally authorized to provide such Payment Details; (b) You are legally authorized to perform payments using such Payment Details; and (c) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable laws. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.

The payment receipt for completion of a transaction shall be provided by the respective vendor(s) and the transaction summary shall be provided by the Company. The payment receipt and 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(s), and eventually settles the same.

Except to the extent otherwise required by applicable laws, 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: (a) 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; (b) You have not provided the Company with correct Payment Details; (c) Your payment card has expired; or (d) 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.

‌Refund Policy

Fitistan Services: Any memberships / sessions / classes / activity bookings bought by you under Fitistan Services are non-refundable, non-exchangeable, non-saleable and non-transferrable.

Digital Services:

You may request cancellation of your subscription to the Digital Services, however the same must be done before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Details you have provided. Refunds cannot be claimed for any partial-term subscription period.

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.

Diverse Products: Please refer to FAQs available on the Platform for requesting refunds in case of Diverse Products.

‌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 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. Without limiting the foregoing, the Company makes no warranty that (a) the Platform or the Platform Services or the Content will meet Your requirements or Your use of the Platform or the Platform Services will be uninterrupted, timely, secure or error-free; (b) the results that may be obtained from the use of the Platform, or Platform Services will be effective, accurate or reliable; (c) the quality of the Platform or Platform Services or Content will meet Your expectations; or (d) any errors or defects in the Platform or Platform Services or Content will be corrected. No advice or information, whether oral or written, obtained by You from the company or through use of the Platform Services shall create any warranty not expressly stated in the Terms of Use.

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

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. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services or Content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

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.

In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms of User or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged from You.

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.

‌VIOLATION OF THE 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. These remedies are in addition to any other remedies that the Company and/or Vendors obtaining may have at law or in equity. If the Company and/or Vendors takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

‌SUSPENSION AND TERMINATION

The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.

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. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.

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.

‌GOVERNING LAW

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 Mumbai.

‌REPORT ABUSE AND GRIEVANCE REDRESSAL

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@fitistan.com

Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.

‌COMMUNICATIONS

By using/accessing the Platform and/or registering yourself for the Platform Services, You hereby expressly agree to receive communications by way of phone call, SMS, WhatsApp and/or e-mails from the Company, Vendors and other third parties relating to the Platform Services provided through the Platform, and offer You Our Platform Services You have opted for, imparting knowledge on Our Products / Services, offer promotional offers running on Our Products / Services, for which reasons Your information may be collected in the manner as detailed under Our Privacy Policy . You hereby agree that You authorize Us to contact You on Your mobile number for the above mentioned purposes even if You have registered Yourself under DND or DNC or NCPR service(s). You can unsubscribe/ opt-out from receiving communications through calls, SMS, WhatsApp and e-mail anytime by e-mailing to support@fitistan.com . However, this may limit the extent of Platform Services that You can avail.

‌GENERAL PROVISIONS

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@fitistan.com

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.

Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

IP Infringement: 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@fitistan.com 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.

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