TERMS AND CONDITIONS

1.     INTRODUCTION:

These web terms of use and conditions (“Terms & Conditions”) mandate the terms on which the users access and register on the Fitter & Healthier You(We/ Us/ Our) website and We reserve the right to change the provisions of the Terms & Conditions as mentioned herein from time to time, as deemed fit and necessary without notice. You agree, confirm and acknowledge herein abide by the stipulations of the Terms & Conditions as mentioned herein and familiarize yourself with any modifications whatsoever.

2.     LEGAL COMPLIANCE:

This document is an electronic record in terms of the Indian statute and laws prevailing under the Information Technology Act, 2000 and Rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the InformationTechnology 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 (hereinafter collectively referred to as“Agreement”) carefully before using or registering on the website or accessing any material, information, or obtaining services through the website. Your access to or use of the website(even when You do not avail of any services vide the website) shall signify Your acceptance of the Terms & Conditions and Your agreement to be legally bound by the same. These Terms & Conditions do not alter in any way the terms of any other written arrangement you may have separately with Us for availing other services.

3.     SCOPE OF SERVICES:

You herein agree, confirm and acknowledge that the website provides services including but not limited to in the range of providing workout routines, personal workout/coaching, nutrition consultation, which You have agreed to avail of Your own free will and volition. Some of the services and products available on the website are listed below:

(a)   Appointments physical and mental well-being consultation through individual professionals either by way of physical/in-person and/or teleconsultations/ video-consultations; and

(b)   Providing single session or subscription-based digital services/ products on the website, like recorded audio and/or video content, real-time on-line training services, as provided by or featuring Partners and /or their associates (“Digital Services”); and

(c)   Availing services to the extent of pre-recorded and/or do-it yourself audio/ video content relating to physical and/or mental fitness and nutrition and allied content (“DigitalContent Services”); and

(d)   Availing services such as real-time audio and/or video consultancy/coaching/training session(s) relating to physical and/or mental fitness and nutrition (“Digital Training Services”); and

The Plans indicated on the website for the offered Services will be as determined by Us, as the case may be, and are excluding taxes and other applicable charges as mentioned on the website. The charges as provided under the Plans and Services may be subject to change at Our sole discretion and We do not guarantee that the Plans charges will be the lowest in the city, region, or geography.

The website offered services shall be additionally governed by specific terms and policies briefly mentioned herein below:

 I.           Physical Fitness Services:

(a)   Physical Fitness Services shall include offline and online physical fitness programs, workout routines, food nutrition programs, and consultations.

(b)   You agree, confirm and acknowledge that You are eligible to avail the Physical Fitness Services only when You comply with the following conditions:

(i) You have attained at least 18 (eighteen) years of age; and

(ii) You are competent to enter into a contract under the applicable laws. If You reside in a jurisdiction that restricts the use of the Physical Fitness Service offered by Us because of age, or restricts the ability to enter into contracts such as these Terms & Conditions 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 Us harmless 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 Us or Our relevant Partners and associates for any breach or non-performance of any representation, warranty, the covenant made or obligation to be performed by such individuals pursuant to these terms; and

(iii) We hereby make no representation that the Physical Fitness Services offered are appropriate or safe for use for age groups and categories of persons. You agree that the Physical Fitness Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby agree and confirm that Your participation is voluntary and that You knowingly assume all such risks and hence hereby release Us of all liability arising out of such aforementioned risks; and

(iv) You agree and confirm that in addition to acceptance of these Terms & Conditions, Your use of the website and the services offered therein signifies your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, communicated or displayed on the website. To the fullest extent permissible pursuant to applicable law, your use of Our website and the act of availing of services offered by Fitter & Healthier You is solely at Your own risk, and We do not assume any liability or make any warranties of any kind, express or implied.

II.           Membership Suspension and Termination:

In the event of any unlawful activity violating our Terms & Conditions and/or Privacy policy or In-house Rules, We reserve the right for suspension or termination of Your membership at any time for any reason in Our sole discretion with or without notice to You, which You are in agreement of herein. In the event any complaint is received against a User to the effect he/she has used the services offered by Us in an illegal manner contrary to the law and/or Our policies, then upon receiving such complaint We reserve the right to terminate the account/ User’s membership in question. We also herein also reserve the right to initiate legal action against You.

III.           Terms for Digital Content Services and Digital Fitness Services:

(a)   For workout fitness sessions and routines, You must ensure that You are physically and medically fit to participate in the said workout fitness sessions. You must understand Your physical and medical limits and attend the sessions within the said limits for which all liability shall vest upon You entirely. You agree that participation in the sessions by their very nature includes certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that your participation in the sessions is voluntary and that you knowingly assume all such risks and hence hereby release Us of all liability arising out of such aforementioned risks. We hereby do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with, or concerning the workout fitness sessions.

(b)   On availing of Our services You shall be provided access to audio and/or video content and program for physical fitness which is solely for personal, informational, and reference purposes and You shall be solely responsible for their usage. We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with Your usage of or participation in such Digital Services as offered on the Website.

4.     ACCEPTANCE OF TERMS:

You agree, confirm and acknowledge herein that when You access or use Our website, You represent that You have read, understood, and agree to be bound by these Terms & Conditions, whether or not you are a registered user. If You do not agree to these Terms & Conditions, or to any changes we may subsequently make to these Terms & Conditions, You must immediately stop accessing the website and discontinue using the services provided by Fitter & Healthier You. These Terms & Conditions apply to all visitors, users, vendors, customers, merchants, and others who access Our Website. Your access to and use of Our website is subject to Your continued compliance with these Terms & Conditions and all applicable laws. Please note Your right to access and use the website will terminate immediately, without any further action by Fitter & Healthier You, if you breach these Terms & Conditions.

5.     MODIFICATION OF TERMS:

We further herein reserve the right, in our sole discretion, to modify or update these Terms & Conditions at any time for any reason, with or without prior notice to you, and any such changes to these Terms& Conditions shall supersede and replace any previous Terms & Conditions effective immediately upon posting to this page. It is your responsibility to periodically review these Terms & Conditions as posted here for any changes, which You agree to comply with of Your own free will. Your continued use of the Website after the posting of changes to these Terms & Conditions shall constitute your acceptance of such changes. For the avoidance of doubt, You should discontinue using Our Website if you do not agree with any changes to these Terms & Conditions.

6.     WEBSITE USAGE:

Under the present Terms & Conditions, We are pleased to grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You are prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, commercially exploiting, creating derivative works from, transfer or sell any Content, products, or services contained on the Website without the express written consent of Fitter & Healthier You. Further, You may not use Our Website or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation activity on Your own website or in any other form or medium. All rights not expressly granted to you in these Terms & Conditions are herein reserved and retained by Fitter & Healthier You. The license granted by Fitter & Healthier You shall terminate in the event of Your non-compliance with these Terms & Conditions which shall be considered and construed as a material breach.

By making use of Our Website, You represent that you are not a person barred from using Our Website under the laws, rules, and regulations of India, Your place of residence, or any other applicable jurisdiction. No other rights, assignment, licenses, or legal relationship of any nature, including, but not limited to, agency, partnership, joint venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through Your use of Our Website unless expressly reserved in these Terms & Conditions.

7.     ACCOUNT, PASSWORD, AND SECURITY:

(a)   In order to avail of services of Fitter & Healthier You(as defined hereinafter) on the Website, You are required to register on the Website by providing details about Yourself, including Your name, address, contact details, and such other details as may be required on the website and create an account (“Account”), which mandatorily is required to be integrated and verified on Our website vide Your Facebook social media account which You agree and confirm to comply with herein.

(b)   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 Our website. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then We reserve the right to suspend or terminate Your Account and refuse any and all current or future use of Our website (or any portion thereof) at Our sole discretion, which is in addition to any right that We may have against You in law and/or in equity, for any misrepresentation of information provided by You.

(c)   It is agreed, confirmed, and acknowledged herein that You shall be responsible for maintaining the confidentiality of Your Account information and are fully responsible for all activities that occur under Your Account. It is acknowledged herein by You that We shall not be liable for any loss and/or damage arising from Your failure to comply with this provision.

(d)   You agree and acknowledge that use of another User’s Account information for availing Our services made available vide Our website is expressly prohibited.

8.     INTELLECTUAL PROPERTY RIGHTS:

You confirm and acknowledge that the 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 hereinafter referred to as “Content”) on the website is owned and controlled by Fitter & Healthier Youand the design, structure, selection, coordination, expression, look and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Further, the trademarks, logos, and service marks (collectively hereinafter referred to as “Marks”) displayed on Our website is the property of the Fitter & Healthier You, which You are not permitted to use without the prior written consent of Fitter & Healthier You.

9.     WARRANTY DISCLAIMER:

(a)   You understand that the workout services/programs and nutrition consultation services offered by Fitter & Healthier You involve some amount of risk depending upon Your physical constitution and health status, and if the said programs are used improperly by You the same may result in physical discomfort and/or injury, and You acknowledge that Fitter & Healthier You is not liable for any personal injury or property damage arising from any misuse of any products and/or services offered through the Website.

(b)   You acknowledge that the products and/or services offered through Our website may not be best suitable for use by children, and You expressly assume sole liability for providing any individual under the age of 18 years of age with access to Our offered products and/or services.

(c)   You hereby agree not to use any products and/or services offered by Fitter & Healthier You for any illegal purpose and You assume complete liability for any action You take for any action that is contrary to any law, rule, or regulation of any territory.

(d)   You agree and confirm that Fitter & Healthier You 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 Our website and/or offered Services, either with or without your knowledge.

(e)   We represent that the best of endeavor has been applied from Our end in order to ensure that all the information on Our website is correct. However, Fitter & Healthier You makes no representation regarding the quality, accuracy or completeness of any data, information, or Services made available on Our website. We shall not be responsible for any delay or inability to use Our website or related functionalities due to technical failures and/or glitches. You agree and confirm that any material or data or Content downloaded or otherwise obtained from Our website 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 may result from the download of such material or data.

10. INDEMNIFICATION:

You agree, confirm and acknowledge indemnifying, defending, and holding harmless Fitter & Healthier You and its affiliates including but not limited to its partners, staff, employees (“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 maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or obligation to be performed by You pursuant to these Terms & Conditions. 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 website and/or Our offered Services and programs or Content, and 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 Our website, services, or content made available the website.

11. VIOLATIONS:

You agree and confirm that any violation committed by You of these Terms& Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fitter & Healthier You, for which monetary damages would be inadequate, and You consent to Fitter & Healthier You obtaining any injunctive or equitable relief that is deemed fit and necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Fitter & Healthier You may have against You on account of violation of the present Terms & Conditions as is available under law or in equity. If the Fitter & Healthier You takes any legal action against You as a result of Your violation of these Terms& Conditions, 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.

12. GOVERNING LAW:

These Terms & Conditions 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 at Mumbai, Maharashtra.

13. REPORT ABUSE AND GRIEVANCE REDRESSAL:

In the event, You come across any abuse or violation of these Terms & Conditions or if You become aware of any objectionable content on Our website or You wish to report a grievance regarding the website or services/ programs, please report the same to the appointed Grievance Redressal Officer Ms. Smita Biju Thomas on the following e-mail id: info@thefhy.com

14. WAIVER:

Any failure by Fitter & Healthier Youto enforce or exercise any provision of the Terms & Conditions or any related right that it may have against You for any breach of terms of services or unlawful act shall not constitute as a waiver by Fitter & Healthier You of its rights or the provision under the Terms & Conditions.

15. SEVERABILITY:

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that matches the intent of the original provision, and the remainder of the Terms & Conditions shall continue to be in effect.

16. ASSIGNMENT

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Use without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

17. ENTIRE COVENANT:

These Terms & Conditions and other applicable arrangements and policies herein shall constitute the sole and entire covenant between You and Fitter & Healthier You with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to Our Website.