These terms of use of service (“Terms”) along with the privacy policy (“Privacy Policy”) together constitute a legally binding agreement (“Agreement”) between Fitternity Health E-solution Private Limited (“Fitternity” or “Us” or “We”) and the End User (“you” or “User”) for using the Website (defined hereinafter). If you have any questions regarding the Terms, you may or e-mail at info@fitternity.com, or reach out to our Grievance Officer.
For the purposes of this Agreement, all the defined and captioned terms have such meaning as assigned to them herein below:
“Buyers” shall mean Users who or which use Services or Products to purchase fitness products and services through the Website
“Products” shall mean offering One Pass, Pay Per Session and other vouchers through its mobile app and Website
“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
“Privacy Policy” shall means the privacy policy of Fitternity with respect to treatment of Users’ information as provided here.
“Sellers” shall mean individuals and organizations who or which display, market and sell their fitness products and services through the Website, but excludes Fitternity.
“Services” shall mean services provided by Fitternity, including provision of Website to Users, information about sellers, providing means to access them, sale of memberships and subscriptions and display, marketing and/or sale of fitness product and services by Fitternity through the Website and other services provided through the Website to promote fitness
“Terms” shall mean these terms and conditions of use and service which form a part of the Agreement governing Users’ relationship inter se and with Fitternity.
“Users” shall mean any Person who or which uses the Services and Products, including Buyers and Persons who or which access the Website or any Content displayed thereof.
“Website” shall mean the online platform www.fitternity.com as provided by Fitternity to provide Services and Products, including facilitating display, marketing and sale of fitness products and services and information fitness and healthy lifestyle.
Any capitalized terms not defined above in Clause 1.1 will have such meaning as assigned to them under the respective Clauses of the Agreement.
Any reference to the singular includes a reference to the plural and vice versa, unless explicitly stated otherwise.
Any reference to one gender includes a reference to the other gender(s), unless explicitly provided for.
Headings and captions are used for convenience only and not for interpretation of the Agreement.
Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
Users understand that Fitternity does not want the Users to access the Services and Products if Users do not understand, approve of or accept each and every term specified in this Agreement. Hence, Users are requested to read these Terms and Privacy Policy carefully and understand the Agreement before approving, accepting and agreeing to be bound by it.
A User may accept this Agreement only when:
if such User is a natural person of the legal age, eligibility and mental capability to form a binding contract; or
if such User is not a legal person, is lawfully existing and has all the authorizations, permits and allowances to enter into this Agreement and form a binding contract; and
such User is not legally barred or restricted from using any of the Services or Products.
Services and Products provided to Users by Fitternity are subject to Users’ acceptance and approval of this Agreement. Fitternity reserves the right to modify, at any time, the nature of Services or Products or any part of Services or Products and the terms of this Agreement. Users are requested to regularly visit and review these Terms and Privacy Policy, as may be updated from time to time.
The purpose of provision of Services is to facilitate an online marketplace for the Buyers and Sellers for display, marketing and/or sale of fitness related services and products. The Website is also engaged in various activities for promoting a healthy lifestyle, including providing fitness and lifestyle related blogs, expert approvals of fitness blogs, listing of nearest fitness centres etc.
The purpose of provision of Products is to offer One Pass, Pay Per Session and other vouchers through its mobile app and website.
The Services and Products may be availed by the Users by:
Users shall use the Services and Products only for such purposes as is permitted:
Users will not attempt to or engage in any activity that may:
Users agree and undertake not to impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent its own affiliation with any Person, including, but not limited to Fitternity, Fitternity’s officials, employees, agents, partners, affiliates, dealers and/or franchisees.
Users agree to the following roles and obligations in order to avail Services and Products:
Buyers agree to the following roles and obligations in order to avail the Services and Products:
Fitternity shall play the following role and have the following rights with respect to provision of Services and Products:
Fitternity reserves the right to terminate Users’ access to Services or Products or any part of Services or Products, at any time if:
Fitternity disclaims all warranties in relation to access to or provision of Services or Products, whether express or implied, including but not limited to:
Fitternity, Fitternity’s officers, directors, employees, affiliates and agents and any other service provider responsible for providing Services and Products in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in Fitternity’s offerings made to Users, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties, or for damages associated with Fitternity, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services or products provided by third parties that are interconnected with Fitternity.
ANY ADVICE RECEIVED OR INFERRED VIA THE SERVICES SHOULD NOT BE RELIED UPON BY THE USERS FOR ANY PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND USERS SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR TAILORED ADVICE, SPECIFIC TO SUCH USER’S SITUATION AND/OR MEDICAL CONDITION.
FITTERNITY SHALL NOT BE RESPONSIBLE FOR VIRUSES, WORMS, TROJAN, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT. THE WEBSITE MAY CONTAIN CONTENT THAT IS OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. THE WEBSITE MAY ALSO CONTAIN CONTENT THAT INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, OF THIRD PARTIES, OR THE DOWNLOADING, COPYING OR USE OF WHICH IS SUBJECT TO CERTAIN ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED. FITTERNITY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM THE USE OF THE WEBSITE, OR FROM ANY DOWNLOADING OF CONTENT POSTED ON THE WEBSITE.
Last Updated on: August 3, 2021
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