Through the Platform, we provide a marketplace for fitness coaches (including fitness trainers, nutritionists, mental health professionals and other fitness enthusiasts) (individually a “Freelancer” and collectively the “Freelancers”) to list themselves on the Platform in order to connect and engage with Users and to assist them achieve their fitness goals, including by choosing to train users and provide allied services (“Products” and/or “Services”). At the outset, you agree and acknowledge that FYF is merely an intermediary or aggregator, which provides listing Services and may charge a commission or service fee for such Services from time to time, at its sole discretion. Any payments made between and amongst persons listed on the Platform are made voluntarily, without any involvement of FYF. You agree that FYF has no liability towards listed persons making such payment via the Platform and is not a party to any bi-partite arrangement between such listed persons, whether formed online or offline of the Platform. We advise you to read these Terms of Service carefully before using the Company’s Service. These Terms apply to all visitors, users and others who wish to access or use Service. You agree that FYF is not liable for any errors in the listed information or payment details provided to it and acknowledge that listed information or payments information on FYF’s Platform is entirely dependent on the representations made and information provided to it by or updated by such listed person(s) or third parties on behalf of such listed person(s).
If you do not sign-up on the Platform, but approach FYF via its social media pages, a copy of this Agreement shall be sent to your registered email address. If you fail to respond to the email stating your rejection of any terms of this Agreement, or you use the Service on the Platform, you shall be deemed to have accepted this Agreement by necessary implication. Please do not access the Platform, or use the Service if you disagree with the terms of this Agreement, in whole or in part.
The Products and/or Services are not a replacement for medical treatment. You are solely responsible for your usage of the Service. If you have or think you may have any serious health conditions, do not use the Services and contact your doctor right away for further medical evaluation. If any of the serious health concerns apply to you, do not use the Service unless you have received a medical examination from a physician clearing you for use of the Service or the specific physical exercises used in the App. – Since you have opted for a non-personal training session, FindYourFit is not responsible for any injuries/ pains that may arise out of you doing the fitness routine on your own. FindYourFit categorically disclaims any liability arising out of:
- Any pre-existing medical condition; or
- Any adverse drug reaction arising out of consumption of any medication during the FindYourFit classes; and/or
iii. Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by you.
Use the Service at your risk and responsibility. Do not use the Service if you have any health condition that may cause pose a risk to you including pregnancy, spinal or bone injury.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE (INCLUDING FINTNESS COACHES) FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. FINDYOURFIT IS NOT MEANT TO BE A SUBSTITUTE FOR EMERGENCY MEDICAL CARE.
(1) User Agreement
This User agreement applies to all users of the Platform, including without limitation users who are browsers, members, customers, merchants, and/or contributors of content. This explicitly includes any person who has availed of Products and/or Services from the Platform.
The Company is at all times entitled, without in any way becoming liable to you:
- to make procedural and technical alterations and/or improvements to the Platform and/or the Products or Services; and
- to temporarily discontinue or limit the Service or your Account if, in its view, this is necessary, for example for purposes of preventive, corrective or adaptive maintenance. The Company may notify you of the temporary unavailability or restricted use of the Service insofar and once reasonably possible.
(a) THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FYF. WHEN YOU USE THE PLATFORM OR PURCHASE OR AVAIL ANY PRODUCT OR SERVICES OR THIRD-PARTY SERVICES ON THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN AS MAY BE AMENDED BY FYF FROM TIME TO TIME.
(b) As long as you comply with these Terms, you are granted a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
(c) IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, WE URGE YOU NOT TO USE THE PLATFORM OR PURCHASE OR AVAIL ANY PRODUCTS OR SERVICES OR THIRD-PARTY SERVICES LISTED THEREIN. You hereby expressly represent and warrant that you will not purchase or avail from this Platform, Products or Services or third-party services, if you do not understand, agree to become a party to, and abide by all of these Terms.
(3) Why have these terms been published?
(b) These terms constitute an electronic record under the Information Technology Act, 2000 and rules there under as applicable and the amended 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.
(4) What are your responsibilities while reviewing these terms?
(b) Your continued use of the Platform following any changes will mean that you accept and agree to any revisions made by us to these Terms.
(d) You hereby also agree and acknowledge to be bound by such references, rules and regulations, policies, terms & conditions on any subdomains, webpages or extensions of FYF or findyourfitapp.in which are hereby deemed to be incorporated in these Terms.
(e) You further acknowledge that the sub-headings are only indicative of the nature of the content under them and are included for ease of reference; and that the entire Agreement applies to you at all times.
(5) Are you eligible to use and transact on this Platform?
(a) This Platform may only be used to transact by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 are requested to not use the App. It is clarified that a minor is not Privileged and Confidential allowed to register as a User or purchase or avail any Products or Services or third party-services on the Platform and any such activity is illegal.
(b) If you are a minor i.e. under the age of 18 (eighteen) years, you should not register as a User of the Platform nor should you transact on the Platform. FYF reserves the right to terminate your membership and/ or refuse to provide you with access to the Platform if it is brought to FYF ’s notice or if it is discovered that you are under the age of 18 (eighteen) years and have accessed or used or transacted in this Platform.
(c) Before creating an account on the Platform, subscribing to FindYourFit services, or approaching a FindYourFit representative via social media, you further categorically guarantee that:
- You provide information to us that is accurate, complete and up-to-date at all times;
- If You avail of the Services through FindYourFit’s social media page;
- If You create an Account, You will not create more than one Account;
- you will not share an Account or in any other way provide access to the Account to another natural person or legal entity.
(6) How can you use and access this Platform?
(a) You can browse by voluntarily creating an account with us by filling or submitting details as requested by FYF on the platform or by logging in with your third party website user ID and password including that of www.facebook.com, websites owned by, Google Inc. or its subsidiaries, Twitter or any other social media website or any other internet service as may be permitted by FYF (“Account”). This platform allows you to collaborate or interact with people interested in fitness and/or playing sports by swiping selecting their profiles. In case of a mutual desire to collaborate or interact, it allows you to chat with such other User on this application as well as use several other features provided on the Platform which are intended to enhance your interactive experience with other members. The App is based on Consent and by downloading and using this App, you undertake to respect the same.
(b) You can also avail of FindYourFit services by getting in touch with a FindYourFit representative through our social media pages. In such a case, an Account shall be created for You and this Agreement shall apply;
(c) By creating an account with us you can become a member (“Member”) and become entitled to a range of services and other FYF resources as a User which may not otherwise be accessible by a non-Member. You understand that Subscription/ Membership /individual products and services are non-transferable. The full host of benefits includes*:
- Access to professionals for classes in physical fitness and mental health, along with personalised nutrition charts. The classes are conducted online, either one-on-one, or in group sessions, which are personalised to the user’s needs and fitness routine.
- Access to our rewards ecosystem. As you purchase Products or Services on the Platform, you earn fitness reward points. These fitness reward points can be redeemed for exciting discounts and offers when you make your next purchase.
- Access to physical and online fitness and health events.
- A dedicated ‘care manager’ for every user who is also a Freelancer. The care manager will follow up with the users on all the fitness habits that the user wishes to inculcate.
- Access to an active community of fitness enthusiasts.
- Subscription packages for women’s health, including but not limited to, those related to weight management, PCOS and skin health.
* Please note, not all the aforementioned benefits are available to each user. The benefits are linked to the Products and/or Services availed by you. Please read the Product or Services page carefully before making a purchase.
(c) You can use this Platform to purchase or avail Services or Products that are listed by us and avail of any rewards and membership benefits provided to you.
(d) FYF reserves right to terminate/disable your account in the event you violate any terms under this agreement or your agreement with any third-party service provider.
(f) Additional rights of termination:
- After the subscription period has lapsed, your right to access to use the Service will terminate, unless it’s renewed.
- You can terminate your Account and access to the Service at any time within your Account settings.
- In the event the Account is terminated for any reason, you will not be entitled receive any refund.
(7) What are your responsibilities and obligations under these Terms?
(a) Account and other Information: You agree, confirm and acknowledge that you will be responsible for maintaining the confidentiality and security of Account information and will be fully responsible for all activities that occur under your Account. You agree to (a) immediately notify FYF of any unauthorized use of your Account information or any other breach of security, (b) ensure that you exit from your Account at the end of each session, (c) not indulge in any immoral, unethical, wrongful or illegal activity by or through using the Platform, including creating fake profiles, stalking, harassing other members, etc.. FYF cannot and will not be liable for any loss or damage arising from your failure to comply with this term. You may be held liable for losses incurred by FYF or any other User due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential. We advise you to change your password frequently and to take extra care in safeguarding your password.
(b) You agree that you shall, at all times, provide FYF with true, accurate and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete or FYF has a reasonable ground to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, FYF reserves the right to indefinitely suspend or terminate or block your use or access to the Platform. You agree not to represent yourself as another person or User or login/ register using the identity of any other person.
(c) You agree to provide correct and accurate financial information, such as e-wallets, UPI, credit/debit card details etc to any approved payment gateway or pre-paid payment instrument provider while availing Services or Products through the Platform. You shall not use an e- wallets/UPI/credit/debit card or pre-paid payment instrument which is not lawfully owned by you without the permission of such owner. You will be solely responsible for the security and confidentiality of your e-wallets/UPI/credit/debit card details or pre-paid instrument account. FYF expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your e-wallets/UPI/credit/ debit card or pre-paid instrument account.
Privileged and Confidential (d) Sufficient authority: If you represent and are registering as a business entity, by accepting the User Agreement you covenant that such entity shall have sufficient authority under applicable law to enter into the User Agreement and that you will have been duly authorized by the business entity to accept this User Agreement and bind such business entity to this User Agreement.
(e) Payments on Platform: All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees unless otherwise permitted by FYF. The Platform does not facilitate any transaction with respect to any other form of currency with respect to the purchases made on Platform. For the purposes of buying any Products or availing Services listed on the Platform, you agree not to make payments in any manner other than as provided.
(f) Platform security: You must not violate or attempt to violate the security of this Platform, including, without limitation, by (a) accessing data not intended for you or logging onto a server or an account, which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and “flooding,” “spamming,” “mail bombing” or “crashing.”; (d) sending unsolicited emails, including promotions and/or advertising of products or service.; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. FYF may investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than using the search engine and search agents available on this site and other generally available third-party web browsers (e.g., Microsoft Explorer, Google Chrome, Mozilla Firefox).
(g) Prohibited activities: You agree not to engage in any of the prohibited activities mentioned below and agree to indemnify FYF for all losses caused as a result of your conduct or that of another using your Account in relation thereto. You agree and undertake not to use the Platform to host, display, upload, modify, publish, transmit, store, update or share any information that,
- belongs to another person and to which the user does not have any right;
- is abusive, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
iii. is harmful to child; Privileged and Confidential
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
vii. impersonates another person;
viii. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
(8) What are the terms for pricing and payments on the Platform?
(a) The pricing and terms of payment are as mentioned and updated on the Platform, from time to time. However, the listed price or commission for any Product or Service by FYF is subject to change without notice.
(b) FYF may from time to time contract with third party payment service providers such as service providers or banks i.e. in order to an open nodal bank account under applicable Indian laws to facilitate electronic payments by Users on the Platform. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, providers of pre-paid instruments and mobile payment service providers. You specifically authorize FYF and third party service providers to collect, process, facilitate and remit payments electronically or through cash on delivery as the case may be.
(c) You further understand, accept and agree that the payment facility provided on the Platform is neither a banking nor financial service provided by FYF and is merely an electronic, automated online electronic payment, collection and remittance facility made available to you for undertaking transactions on the Platform using banking infrastructure and credit card payment gateway networks.
(d) You understand that a number of factors that are outside of FYF ‘s control (including without limitation, actions of an issuing bank, nodal bank and any credit / debit/ cash card service provider or bank or financial institution infrastructure or payment gateway facility provider or Reserve Bank of India authorised persons providing enabling support facilities for collection and remittance of payments where the transaction price is refunded) may delay the time within which the transaction price is collected by FYF or refunded through the payment gateway facility. FYF neither makes any representations or warranties regarding the amount of time needed to complete processing, and shall not be liable for any actual or consequential damages arising from any claim of delay.
(e) For making payments while buying the Products or availing the Services on the Platform, the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Platform. FYF disclaims any liability in this regard. Privileged and Confidential
(f) FYF reserves the right to refuse to process transactions by those with a prior history of questionable charges including without limitation breach of any agreements with FYF or breach/violation of any law or any charges imposed by an issuing bank or breach of any policy.
(g) FYF may delay notifying payment confirmation if FYF deems such payment to be suspicious. FYF may hold the transaction price and may remit transaction price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event you are engaged in any form of illegal activity.
(h) Any transaction price paid by you will have to be paid to FYF in accordance with the rules and regulations prescribed by the Reserve Bank of India from time to time, including in accordance with the Payment and Settlement Systems Act, 2007 and in keeping with the agreements signed with any payment facility providers. Any return of credit shall also be subject to applicable law and you agree not to hold FYF liable for any delays caused by third party payment providers.
Any all payments made towards Products or Services on the Platform are final and non-refundable. In exceptional cases, User may submit a claim for a refund for a purchase by emailing firstname.lastname@example.org and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by Company in its sole discretion. Refund requests must be submitted within 30 days of purchase.
(9) What is the understanding regarding ownership of the Product/Services?
Unless otherwise specifically agreed, the title in the Products/Services and in the intellectual property in the Products/Services shall always stay with FYF /third party service provider (as the case may be) and you shall only retain a license to use the Platform and Products to the extent and for the purposes specifically authorised. The license provided to you is non-assignable, non-transferable, non-sub-licensable and non-exclusive in nature and is meant for restricted and limited use.
(10) What is the cancellation policy for products/services purchased or availed by you?
(a) Cancellation by FYF : There may be certain requests for Products/Services that FYF is unable to accept and FYF reserves the right to not accept or cancel any orders that have been accepted. FYF reserves the right, at its sole discretion, to refuse or cancel any order or payment request for any reason whatsoever. Some situations that may result in User’s order being cancelled include, without limitation, non-availability of the Product/Service or inaccuracies or errors in listings or pricing or other information. FYF may also require additional verifications or information before processing any order, which the User shall have to provide for the order to be processed. All such cancellations shall be without any recourse to User and without any liability to FYF. If User’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to you either to the bank account provided by you for such reversal, or to the payment instrument from which payment was made, or to any pre-paid payment instrument account of yours. FYF shall have the sole discretion to determine the mode of reversal. Cancellation by you: User cannot cancel any order or transaction request once processed. User may cancel his/her registration with us at anytime, provided all previous outstanding payments are settled. Upon cancellation of the registration, there may still be some information saved on our server regarding the user, which shall be retained by us to the extent required by applicable law. For deactivation of the account on the Platform, the User may send an email to email@example.com
(11) What are the membership benefits of FYF?
(a) FYF may provide membership benefits to Users who register with us from time to time. These may include invitations to offer or invitations to participate in certain events and experiences curated by FYF or by third parties with whom FYF has arrangements.
(b) You agree that any invitation to an event or experience or into a programme may be subjected to additional conditions as per the discretion of FYF and is made at the sole discretion of FYF and upon the terms specified by FYF ; and that FYF reserves the right to cancel such invitations at its discretion. You acknowledge that FYF is not an organizer or an event management company and does not give warranties that such events and experiences will meet any standards or expectations, unless otherwise specified as part of Services being provided by FYF to you for agreed consideration.
(c) Any membership benefits promised by FYF to a User shall be provided on an “as is” basis and you agree to a limitation on the liability of FYF.
(12) What is the agreement between FYF and you in relation to intellectual property rights?
(a) You acknowledge and agree that FYF and any of its licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Platform and Products, and our websites, emails, mobile sites, applications, other Products and/or Services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms. You further acknowledge and agree that we retain ownership and control over the “look and feel” and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in under these Terms.
(b) We have invested substantial time and effort into developing the Platform and Products and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Platform. You agree that any infringement of these restrictions will cause us irreparable loss. FYF name and logos are trademarks and service marks of FYF (the “FYF Trademarks”). Any other company, product, and service names and logos used and displayed via the Platform or in any of our Products may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to FYF . Nothing in these Terms should be construed as granting, by implication or otherwise, any license or right to use any of the FYF Trademarks displayed on the Platform, without FYF’s prior written permission in each instance.
(c) Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content or intellectual property that are owned by FYF or licensed to FYF for use and available on or through the Platform, including in any Products.
(d) The technology underlying the Platform and Products and the entire contents of the Platform and Products including, but not limited to, text, graphics, images, audio-video clips, digital downloads, data compilation or code is either the property of FYF or is licensed for use of FYF. You are prohibited by law from copying or using, without express permission, any copyright or other right in such work.
(13) What are the disclaimers, limitations on liability and exclusions of warranties of FYF in relation to the Platform, Products and Services under these Terms?
(a) We encourage you to be as motivated and consistent as possible to reap the maximum benefits out of this program. FYF is a holistic fitness platform and bears no responsibility for medical ailments/ betterment or reversal of ailments. Our intention is to ensure that you embrace fitness as a part of your overall lifestyle. You expressly understand and agree that FYF its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, third party service providers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
– Any Act, omission, opinion advise, response, suggestion, information and/or service of any professional and/or any other content or information accessible through the Platform;
– The accuracy or completeness of the Product or Services or the Platform’s content;
– Any typographical errors, inaccuracies of the information on the Platform;
– Any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform or Services or Products ;
– Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
– Any interruption in or cessation of transmission to or from the Platform;
– Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party;
– Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Platform.
(c) You agree to use this Platform and purchase or avail Products and Services at your own risk and to not rely on the accuracy of the descriptions of Services and Products for gauging their usefulness to you nor hold Us responsible for any reliance placed by You on other users and their information displayed on the Platform. You explicitly agree that each user is responsible for the representations they make and the Platform cannot be held responsible for misrepresentations or any other acts or omissions of Users whether on or outside the Platform.
(d) EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- INFORMATION AND PLATFORM CONTENT PROVIDED ON OR THROUGH THE SERVICES DOES NOT CONSTITUTE MEDICAL PRACTICE OR ADVICE, NOR IS IT INTENDED TO REPLACE THE NECESSITY OF CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL.
- THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU.
- WITHOUT LIMITING THE FOREGOING, COMPANY DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE SERVICES, (II) THE ACTS OR OMISSIONS OF ANY PERSON(S) WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, AND (III) ANY PLATFORM CONTENT ACCESSED OR VIEWED IN CONNECTION WITH THE USE OF THE SERVICES.
- YOU ACKNOWLEDGE AND AGREE THAT THE ACCESSING AND USING THE PLATFORM AND PLATFORM CONTENT, VIEWING CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE COMPANY AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
- IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOREGOING, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE
- . IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL OF THE FOREGOING, SHALL BE LIMITED TO THE FEE RECEIVED FROM YOU FOR SERVICES.
(e) We do not and cannot perform any background check of our Users and hence, We are not responsible for the actions of any of the Users on our platform. You are solely responsible for your interactions with any User on or off of the Platform.
(f) For abundant clarity, where FYF is not the originator of any services provided by a third party and purchased or availed by you through the Platform, FYF disclaims any liability for any such Product defects or shortcomings caused including those caused due to fraud, negligence or mistakes made by the third party. FYF ’s aggregate liability with respect to this agreement and any and all use of the Platform in any circumstance is limited to the transaction price, if any, paid by the User to for such services.
(g) FYF may provide you with the access to third party tools for facilitation of services which are not in control or monitored or secured by us. Access to such tools on an “as is” and “as available” basis without any warranties, representation or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, including any liability for loss of confidentiality or data as a result of your use of the tools. You agree that you are fully aware that the technology platforms used may not be secure and you agree to not hold FYF responsible for any losses caused to you as a result of any deficiency in the services provided by such service providers.
(h) We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party site, any website accessed from a third-party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site.
(i) You agree that the listing Services on the Platform are by no means an inducement by FYF or a marketing or advertisement of any person.
FindYourFit is not responsible for and categorically denounces liability for any injuries/ pains that may arise out of you doing the fitness routine using the Products or Services provided. You are advised to consult a doctor prior to availing any Products or Services from FYF. This limitation of liability explicitly includes but is not limited to:
- Any pre-existing medical condition; or
- Any adverse drug reaction arising out of consumption of any medication during the FindYourFit classes; or
iii. Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User
(k) This limitation of liability shall survive the termination or expiration of this Agreement.
(14) What indemnities are you agreeing to under the Terms?
The User agrees to indemnify FYF, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access (or in the case of a parent or legal guardian, a minor’s access) to or use of the Platform or Product or Services, violation of this Agreement, or infringement of his/her/its Account, or of any intellectual property or FYF ’s Products or Services or misrepresentations or injuries caused to any other person on or off the Platform by the User. FYF will notify the User promptly of any third party claim, loss, liability, or demand, and in addition to the foregoing obligations, the User agrees to indemnify FYF at his/her/its expense for defending such third party claims or for any losses arising from a breach of the Terms.
(15) What are the rules regarding suspension and termination of your account with us?
(a) You may terminate this Agreement by not accessing the Platform or Product or Services but no termination hereunder shall affect obligations incurred by you as a User or purchaser under this Agreement.
(b) FYF may suspend or terminate your account in the event you are using the Platform or accessing FYF ’s digital resources for reasons other than your own personal use or on behalf of any other person or organization without their consent.
(c) Without limiting other remedies that FYF may pursue, FYF may at its sole discretion, take such action as it deems fit including but not limited to cancellation of the transaction or payments made, limiting User activity, immediately remove User information, forthwith temporarily/ indefinitely suspend or terminate or block a User, and/ or refuse to provide a User with access to the Platform or Product or Services or initiate any legal action as it may deem fit.
(d) In the event you have breached any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated by reference or where FYF is unable to verify or authenticate any information provided by you; or FYF believes that your actions may cause legal liability to FYF, We may terminate your registration. Termination of your account may include:
(i) removal of access to all offerings within the Platform or Products or Services or with respect to the Services;
(ii) disabling access to the account information, including your personal information, log-in ID and password, and all related information, files and materials associated with your account (or any part thereof); and
(iii) prohibiting further use of the Platform or Product or Services.
(e) Additionally, FYF may have to, with or without notice, terminate your registration in the following events:
- FYF is required to do so by law (for example, where the provision of the services to you become unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Products or Services offered to you by FYF is, in FYF ‘s opinion, no longer commercially viable;
iii. FYF has elected to discontinue, with or without reason, access to the Platform or its Products or Services (or any part thereof); or
- In the event FYF faces any unexpected technical issues or problems that prevent the Platform and / from working.
(f) No actions, omissions or decisions taken by FYF shall waive any rights or claims that FYF may have against the User. A User who has been suspended or blocked may not register or attempt to register with FYF or use the Platform or Products or Services in any manner whatsoever until such time that such User is reinstated by FYF at the sole option of FYF.
(g) Notwithstanding the above, if the User Agreement or the rules and policies and other documents incorporated therein by reference are breached, FYF reserves the right to recover any amounts due and owed to FYF and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
(16) How can you communicate with us?
(a) When you use the Platform or Product or Services to send emails or share other data, information or communication or when you communicate with FYF, you agree and understand that you are communicating with such persons through electronic records and you consent to receive communications via electronic records.
(b) FYF may communicate with you by email or by notices on Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
(c) You may communicate with FYF by sending an email to firstname.lastname@example.org.
(17) If you have a grievance, whom should you approach?
(a) In case of any grievance, objection or complaint on your part with respect to the Platform or other Users, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use services, or violation of these terms or of your intellectual property or in relation to published content, you should promptly raise such grievance or complaint with the designated Grievance Officer and provide him with necessary information and/or documents.
(b) FYF will make a best effort to resolve your grievance and will take adequate action consistent with this Agreement and applicable laws, including taking down any material which is objectionable or harmful for Users.You agree that FYF has a zero-tolerance policy towards abusive, objectionable content as mentioned above.
(c) The name and contact details of the Grievance Officer is published on the Platform as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
Ms. Arushi Lohani
Address: D-823, Sunder Nagar, Behind Fortis Hospital, Malviya Nagar, Jaipur 302017
Time: Mon to Fri (9:00 am to 6:00 pm)
(b) We reserve the right to add, modify or remove terms from this Agreement at any point in time with no prior notice. However, FYF shall inform users regarding the change of these Terms if required by applicable law. Responsibility to review the Agreement from time to time lies with the User. Continuation of the use of the Platform after revision of the Agreement will be deemed to be an acceptance of the revised terms.
(19) How can you give us feedback?
You may use any feedback and review mechanism provided by FYF to communicate your fair opinion and facts in respect of the Platform or your experience whilst using the Product or Services known to you from first-hand experience only (or in case you are the legal guardian or parent of a minor, through any experiences of the minor). You shall not include any other hearsay information, or information that results in maligning FYF, any other User or third party in your feedback.
(20) What is your relationship with FYF under these Terms?
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between the User and FYF and you shall have no authority to bind FYF in any manner whatsoever.
(21) Which law governs these terms? What happens in the event of a dispute?
(a) These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at New Delhi, Delhi shall have exclusive jurisdiction over all matters and disputes arising out of and relating to the business or Platform or Products or Services.
(22) Payment Terms
- Based on the specific subscriptions or Product/Services purchased by you, the applicable fees shall be paid to the Company (‘Fees’).
- Billing may be on a recurring and periodic basis, depending on the type of subscription plan selected when purchasing a Subscription.
- Fees shall be exclusive of all applicable taxes.
- the Company is entitled to change its Fees at any time by advance notification. The changed fees will become applicable to you from commencement of your next subscription renewal.
- Fees are due in advance for the entire subscription period and shall be payable in advance by credit or debit card or direct debit as may be required by the Company.
- In case the Company doesn’t receive full and timely payments,– the Company may immediately terminate or suspend your access to, and use of, the Service, in whole or in part, including access to the Platform; –.
- Complaints regarding (parts of) the Service or the invoice do not suspend your payment obligation.
- To the maximum extent permitted by law, the Service is provided on a non-refundable basis. There will be no refunds or credits for partial months of Service, refunds for months of Service unused with an activated Account or for any unauthorized use of an Account.
- You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase. You agree to indemnify the Company, its directors, consultants, affiliates, against all costs, claims, damages and expenses which the Company incurs as a result of any breach of terms of this Terms of Services and for any third party claim on the aforesaid parties in connection to the Services.
(23) If there is a problem with my treatment, who is responsible?
- FYF hires nutritionists, fitness experts/coaches, gynaecologists, dermatologists and any other health care professional, all of whom are Freelancers, that FYF may deem fit to assist with the provision of Services on the Platform. These Freelancers are not employees of FYF but rather experts with verified credentials who have been enlisted for their subject-matter expertise. FYF’s relationship with each Freelancer is a principal-to-principal relationship. For any Freelancer, the role of FYF is limited to acting as an intermediary that facilitates the provision of Services through its Platform. Accordingly, the responsibility with respect to any problems in the treatment shall lie with the particular Freelancer.
- You categorically agree to to indemnify and hold FYF, its representatives, friends, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third Parties due to or arising out of your use of the Service on the Platform, violations of this Agreement, or the infringement by you, or any third Parties using the Service, of any intellectual property or other right of any person, with respect to the Platform or Service.
(24) Please read the following additional terms carefully:
(a) FYF shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.
(b) Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a User will survive the expiration or termination of this Agreement.
(c) If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
(d) This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and FYF with respect to the subject matter herein.
(e) All remedies of FYF under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
(f) If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or 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 Agreement shall continue in full force and effect. FYF may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.