TERMS OF USE AND SERVICE

 

These terms of use and service (“Terms”) along with the Privacy Policy(hyperlink) together constitute a legally binding agreement (this “Agreement”) between LVFT Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (herein referred to as “LivFitt”, “Our”, “We”, “Us”) and the User ( “You”, “User”, “Your”) with respect to Your use of Our Platform and Services.

 

Please go through these Terms carefully as these Terms read with the Privacy Policy together constitute a binding, legal agreement between Usand You, with respect to Your use of Our Platform and Services.

 

  1. YOUR APPROVAL

 

    1. You may accept this Agreement only if:

 

(a)   You are a natural Person, are of the legal age, having eligibility and mental capability to form a binding contract.

 

(b)   You are a juristic Person, are lawfully existing and have all the authorizations, permits and allowances to enter into this Agreement and form a binding contract.

 

(c)   You are not legally barred or restricted from accessing the Platform or using the Services or any part of it.

 

1.2       We do not want any Person to access the Services if such Person does not understand, approve of or accept each and every term specified in this Agreement. Hence, You are requested to read these Terms and Privacy Policy carefully and understand the Agreement before approving, accepting and agreeing to be bound by it.

 

1.3       You will be deemed to have accepted this Agreement by simply availing Services, including but not limited to, by:

 

(a)   creating a Registered Account;

 

(b)   uploading, adding, storing and/ or displaying any Content on the Platform;

 

(c)   accessing or downloading the Platform or any Content thereof; and/ or

 

(d)   simply surfing and/ or browsing the Platform.

 

  1. PROVISION OF SERVICES

 

    1. Services provided to You are subject to Your acceptance and approval of this Agreement. You are requested not to use and/ or access the Platform, Services and/ or any part thereof if You do not approve of, agree with and accept each and every term of this Agreement.

 

    1. LivFitt reserves the right to modify, at any time, the nature of Services or any part of Services 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.

 

    1. The purpose of the Platform and Services is to provide an online Platform and medium to its Users to achieve their fitness goals through various services offered on the Platform. LivFitt 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, studios and individual experts including, but not limited to, doctors, dietitians, personal trainers, yoga practitioners, nutritionists (“Service Providers”), to enable the Users to book appointments to avail such services of Service Providers, fitness tracking services and setting health goals.

 

    1. In order to provide most parts of the Services (“Registrable Services”), We may require You to become a member of the Platform by registering on the Platform by providing specific information and creating an account (“Registered Account”). You agree and understand that Registrable Services shall not be provided to You unless You register on the Platform and become a Registered User in the form and manner required by Us.

 

    1. You agree and acknowledge that provision of Registrable Services to You is dependent on the information that You provide to access such Registrable Services. You shall ensure that all such information provided by You is always true, accurate, complete and updated. You shall not provide any fraudulent, misleading, incorrect, incomplete, false or manipulated information or averments on the Platform.

 

    1. While some parts of Services are available to Users free of cost, some parts of Services may be provided to the Users at a cost. We reserve the right to amend these Terms and impose a cost on free parts of Services in future. We will use reasonable efforts to give You a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, You access paid parts of Services, cost for such paid Services shall become due and payable by You to Us and We shall have a right to recover the cost for provision of such paid Services to You, from You.

 

    1. Subject to Applicable Laws, We may stop the provision of Services (or any part of Services), permanently or temporarily, to You or to Users generally or may modify or change the nature of Services and/ or these Terms at Our sole discretion, without any prior notice to You. Your Use of Services following any such modification shall constitute Your deemed acceptance of this Agreement (or as it may be modified).

 

    1. We guarantee that provision of membership and/ or access to Registrable Services shall be without any discrimination of any kind based on race, colour, sex, language, religion, political or other opinion, national or social origin, birth or other status such as disability, marital status, sexual orientation and gender identity.     

 

  1. USE OF SERVICES

 

    1. In order to use Services, You will require accessing the Platform through internet in such form and manner as provided by Us. We may update the Platform from time to time in order to ensure a better experience for the Users and consequently may temporarily cut or restrict Your access to the Platform or the Services.

 

    1. You agree to use the Platform and Services only for such purposes as is permitted by:

 

  1. this Agreement; and

 

(b)   if You are a natural Person, any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, or in which You are a resident, or from where You access the Services; or

 

(c)   if You are a juristic Person, any law, regulation or generally accepted industry practices and guidelines applicable in the country where You are registered, where You maintain Your principal office or from where You access the Services.

 

    1. You will solely be responsible for maintaining the privacy and confidentiality of Your access details (user ID, password etc.) with respect to Your Registered Account. Any access to or use of Your Registered Account shall be construed as access or use of such Registered Account by You.

 

    1. LivFitt hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Services availed from the Service Providers provided by the User. You agree that the Services offered by the Platform 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 assert that Your participation is voluntary and that You knowingly assume all such risks and hence hereby release LivFitt of all liability arising out of such aforementioned risks.

 

    1. You confirm and agree that in addition to acceptance of these Terms, Your use and/booking of the Services signifies your acceptance of any additional terms and conditions, guidelines, etc. posted, displayed or communicated on the website(s)/centre(s) of the Service Provider from time to time. To the fullest extent permissible pursuant to Applicable Law, Your use of the Services and Your participation in, purchase and/or use of Services, is solely at your own risk and LivFitt does not assume any liability or make any warranties of any kind, express or implied, arising out of, or in connection with or with respect to the Services.  

 

    1. Purchase of Pharmaceutical Goods and Services:

 

      1. Through the Platform, LivFitt facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by third party pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that LivFitt merely providesand facilitates hosting services to its Users. All items offered for sale on the Platform, and the content made available by the third party pharmacies, are third party user generated contents and third party products. LivFitt has no control over such third party user generated content and/ Pharmaceutical Goods and Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the third party pharmacies through the Platform shall be the sole responsibility of the third party pharmacies. You understand and agree that LivFitt shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Platform.

 

      1. You understand and agree that all commercial/ contractual terms, with respect to the sale, purchase, delivery and/ or consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the third party pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Platform by the third party pharmacies shall strictly be a contract between the third party pharmacies and You.

 

      1. You agree and acknowledge that the third party pharmacies shall be held solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole, exclusive and legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Platform by such third party pharmacies, or did not have the absolute right, title, licenses and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Platform.

 

      1. The Platform can be used by the Users to purchase certain drugs and pharmaceutical products on provision of valid medical prescription(s) (“Prescription”) issued by a registered medical expert or doctor, to the third party pharmacies (“Prescription Drugs”), offered for sale on the Platform by third party pharmacies. In order to purchase Prescription Drugs from third party pharmacies through the Platform, You are required to upload/ display/ share a scanned copy of the Prescription on the Platform or via. Your registered e-mail to [e-mail ID]. The order would not be processed or forwarded to the concerned third party pharmacy by LivFittunless a copy of thePrescription is received by LivFitt. Third party pharmacies shall verify the Prescription and in the event, thethird party pharmacy(s) observes any discrepancy in the Prescription shared by You, the third party pharmacy may cancel the order immediately.LivFitt shall not be held responsible in the event the Prescription Drugs are cancelled by any third party pharmacy.On delivery of the Prescription Drugs, the delivery personnel may demand the original Prescription in order to check the authenticity of such Prescription. You agree that failure in producing the Prescription on demand of the delivery personnel may result in cancellation and non-delivery of the Prescription Drugs.

 

    1. Online Consultancy Services:

 

      1. You understand and agree that the Service Providerson the Platform are independent contractors and consultants and are engaged withLivFitton a principal to principal basis.  Nothing in this Agreement shall constitute an employer-employee relationship, partnership, joint venture, agency or the like between LivFitt and the Service Providers. LivFitt shall not be held liable, directly or indirectly, for any advice or medical consultancy or any loss arising due to the acceptance and use of such advice/ consultancy by You.

 

      1. You acknowledge that the e-prescription which may be issued by the Service Provider(s), in certain events, shall not be a valid prescription under Applicable Law(s) of India and may not be used for dispensation of medicines by any pharmacist including the third party pharmacies. You further agree and acknowledge that if You request us to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for facilitation of medicine orders, then We will only act as an aggregator and assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at your sole risk and the sole responsibility of the third party pharmacies supplying the medicines to You.

 

      1. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material that is provided to You on the Platform (including information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Platform should be used for information purposes only.

 

      1. We do not recommend or endorse any specific Service Provider(s), tests, products, procedures, opinions, or other information that may be mentioned on the Platform. You shall rely on information provided on the Platform solely at Your own risk and discretion. In the event of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.

 

      1. The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore,We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Platform. You take full responsibility for ensuring that the information submitted is accurate and LivFitt shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. However, We reserve the right to inquire and request You to share more information as required, from time to time.

 

      1. The opinions, statements, answers and tele-consultations (“Consultation”) provided by the Service Providers through the Platform are solely independent opinions and statements of such Service Providers and do not reflect the opinions of LivFitt, its affiliates or any other organizations or institutions to which such Service Providers is affiliated or provides services.

 

      1. Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with the Users or Service Providers (as the case may be) contacted or managed through the Platform and LivFitt shall have no liability or responsibility in this regard. LivFitt does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such User, Service Provider or any third party through the Platform. The Services or the Platform shall not be used for emergency appointment purposes.

 

      1. LivFitt may, at its sole discretion, suspend the User’s or Service Provider’s ability to use or access or browse the Platform at any time while We investigate complaints or alleged violations of this Agreement, or for any other reason.

 

  1. RESTRICTIONS ON USE OF SERVICES

 

    1. You agree that You will not use the Services or any Content for any purpose that is illegal, unlawful or prohibited by this Agreement. You will not attempt to engage or engage in any activity that may:

 

  1. reverse engineer, decompile or otherwise extract the source code(s) related to the Platforms or Services or any part thereof, unless it is expressly permitted by Us in writing or is required by Applicable Law;

 

  1. use any robot, spider, retrieval application, or other device to retrieve or index any portion of Platform, Services or Content;

 

  1. collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purposes;

 

  1. register on the Platform to access Registrable Services or create any Registered Account by automated means or under false or fraudulent pretences for using the Services, including creating multiple Registered Accounts or resumes under a single Registered Account;

 

  1. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform or Services;

 

  1. use Services in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services, or interfere with any other third party's access to and/or enjoyment of Services;

 

  1. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Services or any part of Services or any User;

 

  1. forge headers or otherwise manipulate identifiers in order to disguise the origin of any part of the Platform or any Content transmitted through the Platform; or

 

  1. result in provision, insertion and input of any deep links and/ or in any other way hyperlink connection with other third party websites or platforms on the Platform without the specific written consent of LivFitt.

 

    1. You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of Services to You or to Users generally.

 

    1. 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 LivFitt, LivFitt’s officials, employees, agents, partners, affiliates, dealers and/or franchisees.

 

  1. CONTENT GUIDELINES

 

    1. You may upload, create and/ or display Content on the Platform and make such Content accessible to other Users. By displaying any Content on the Platform, unless agreed to and provided for the contrary in this Agreement, You waive off any intellectual property rights associated with such Content and agree to use of such Content by LivFittand other Users in any form and manner.

 

    1. You represent and warrant, with respect to any and all Content that You upload or display on the Platform, that:

 

  1. You shall own or have rights to or shall have been granted explicit permission from the rights owner to such use of the Content;

 

  1. such Content shall not be copied from (in whole or in part) any other content, work, or website which is protected under the Applicable Law;

 

  1. such Content shall not be submitted via any automated process such as a script bot;

 

  1. use of such Content by LivFitt shall not violate or infringe any rights of You or any third party;

 

  1. such Content shall be truthful, accurate and updated, to the best of Your knowledge; and

 

  1. such Content shall not:

 

  1. be defamatory, obscene, pornographic, vulgar, offensive or against the public policy;

 

  1. promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

 

  1. be violent or threatening or promote violence or actions that are threatening to any Person;

 

  1. harm minors in any way;

 

  1. promote illegal or harmful activities or substances;

 

  1. deceives or misleads any User with respect to the origin of any communication, information which is grossly offensive or menacing in nature; or

 

  1. violate the any guidelines or terms of this Agreement or any Applicable Laws.

 

    1. You acknowledge and understand that LivFittshall have a right but not the obligation to review all of the Content displayed on the Platform. We do not control actions of other Users and do not guarantee the accuracy, integrity or quality of any Content posted by them. In case of any conflict between these Terms and Applicable Laws, You understand that Applicable Laws take precedence.

 

    1. In case You find any Content on the Platform to be offensive, illegal, unlawful, in violation of these Terms or Applicable Laws, then, You may reach out to us at [_] and We will take reasonable action in that regard. You understand that while We try Our best to review and regulate the Content on the Platform, We cannot consistently review all the Content posted by all the Users. We may remove or require You to remove any Content from the Platform if, in Our opinion, it is in violation of these Terms.

 

    1. You understand and acknowledge that if You delete or remove any Content from the Platform, cache, cookies, back up files and/ or references to such deleted Content may not be immediately removed and/ or disposed of.

 

    1. You warrant and covenant to assume all risks associated with Your Content, including its quality, accuracy or reliability, or any disclosure made by You in the Content that makes any Person personally identifiable. You acknowledge and agree that Content posted by any User (including You) and any and all outcomes or liability arising from such Content shall be the sole responsibility of such User who posted the Content, and not of LivFitt.

 

  1. PAYMENT TERMS

 

    1. You understand that use of the Services may result in charges to You. We will receive and/or enable your payment of the applicable charges for Services obtained through Your use of the Services. Charges will be inclusive of applicable taxes where required by the Applicable Law.

 

    1. To the extent permitted by Applicable Law, You acknowledge and agree that LivFitt may use certain third-party vendors, service providers and payment aggregators, including payment gateways, to process payments and manage payment card information. You shall be entitled to claim a refund of the payment made by You (as Your sole and exclusive remedy) in case You do not receive the Services within the time period agreed at the time of booking the Services. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.

 

    1. 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: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or Applicable Law. 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. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform. 

 

    1. Except to the extent otherwise required by Applicable Law, LivFitt is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, LivFitt is not liable for any payments that do not complete because: (1) 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; (2) You have not provided Us with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction.

 

    1. LivFitt may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services or products obtained through the use of the Services, and You agree that such promotional offers and discounts, unless also made available to You, shall have no bearing on Your use of the Services. You may elect to cancel Your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. After you have received Services or products obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback.

 

  1. INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP

 

    1. Use of Services shall, at all times, be governed by and subject to the Applicable Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and You agree to abide by such laws.All marks and logos used on the Platform in relation to [insert website link](“LivFitt Marks”) are the sole and exclusive property of LivFitt and We retain all rights, title and interest in the LivFitt Marks. You understand that any use, display or reproduction of the LivFitt Marks without Our prior written consent is prohibited. You shall solely be responsible for any violation of any Applicable Law or for any infringement of any intellectual property rights caused pursuant to Your use of Services.

 

    1. When You upload, submit, store or send any Content on the Platform, You give Us a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, worldwide right and license to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat and distribute any Content, in whole or in part for the purpose of providing, operating, promoting, and/ or improving the Platform and/ or Services and for business of Us.

 

    1. Subject to Applicable Law, ownership of all intangible and/ or intellectual property developed, creating or existing (including any data generated as a result of Services) pursuant to Your use of the Services, shall ab initio rest with Us and You do not claim any copyright right or intellectual property right over the data uploaded on the Platform. Nothing in these Terms shall be construed as granting of any implied licenses by Us and all rights not expressly granted to You are reserved solely by Us.

 

    1. You acknowledge that certain underlying technology or software used by Us in connection with Services and certain Content displayed on Platform may contain rights of other Users or a third party and for use of any such third party’s intellectual property, You may need to get permission directly from the owner of such intellectual property.

 

    1. All third parties owning any intellectual property have a right to take appropriate actions against any User for any violation, infringement or passing off by such User. We respect the intellectual property rights of all Persons and do not hold any responsibility for any violations of any intellectual property rights by You or other Users.

 

  1. PRIVACY

 

    1. Our Privacy Policy explains how We treat Your data and protect Your privacy when You use the Services. By using the Services, You agree to Our use of Your data according to the Privacy Policy.

 

    1. You are responsible for maintaining the confidentiality of passwords associated with any device or online accounts that You use to access the Services or any part thereof. You are solely responsible for all activities that occur with use of Your Registered Account or device. If You become aware of any unauthorized use of Your Registered Account or device, then You may immediately notify Us and the relevant authorities.

 

  1. TERM AND TERMINATION

 

    1. You are bound by the Agreement from the time You commence using the Services till earlier of (a) when You cease access or use to Services in any manner, including deleting Your Registered Account; or (b) Us terminating this Agreement with respect to You by permanently barring Your access to Services.

 

    1. We reserve the right to terminate Your access to Services or any part of Services, at any time if:

 

  1. You knowingly or unknowingly cause, direct or indirect, breach, as ascertained by Us, of any part of the Agreement;

 

  1. You do not make the requisite payments with respect to Services not provided free of cost by Us;

 

  1. a third party with which We offer Services, has terminated its relationship with Us or ceased to offer the related services to Us or to You;

 

  1. provision of Services or any part of Services is no longer commercially viable or feasible for Us;

 

  1. We believe that You are a repeat infringer of the terms of this Agreement or You are in violation of Applicable Law; or

 

  1. Weare required to terminate this Agreement by Applicable Law, government order or order of a court with requisite jurisdiction.

 

    1. Upon termination of this Agreement, all the legal rights, obligations and liabilities that You and We have benefited from, been subject to (or which have accrued over time whilst the Agreement was in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.

 

  1. LIMITATION OF LIABILITY

 

    1. Use of Services by You is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to any User’s use of Services.

 

    1. Provision of the Platform does not constitute an institution of agency between Us and any of Our Users. Our relationship with each and every individual User shall be on a principal to principal basis only. You are solely responsible for any breach of Your obligations under this Agreement, Applicable Law and the consequences of any such breach.

 

    1. We shall not be responsible for any Content, products, services, privileges or offers available on the Platform and We shall not be liable for the authenticity and availability of such Content or vacancies. We do not control actions of other Users and do not guarantee the accuracy, integrity or quality of any Content or credentials posted by them on the Platform. It shall be the sole responsibility of the User to check the authenticity of any information and data stored on the Platform and the User shall not hold Us liable for any actions taken by him/ her pursuant to or after relying on such information or Content on the Platform.

 

    1. We shall not be held liable for any promises, assurances, guarantees, acts or omissions of any Service Provider or User of the Platform, or for any unauthorized interception of the Platform or Services or any breach of this Agreement attributable in full or in part to the acts or omissions of third parties.

 

    1. The Platform may include/ display links to other online platforms which are outside Our control and may contain materials that are objectionable, unlawful or inaccurate. We do not endorse or support such third party links or the products and/ or services they provide, hence, We shall not be responsible or liable for the Content, accuracy or authenticity of such third party links.

 

  1. REPRESENTATIONS, WARRANTIES AND COVENANTS

 

    1. You represent and warrant that: (a) You are lawfully existing under Applicable Laws and have full power and authority to enter into, execute and deliver this Agreement; (b) You have all necessary and valid authorizations required for performance of Your obligations under this Agreement; (c) this Agreement constitutes a legal, valid and binding obligation on You, enforceable against You; (d) You have accepted this Agreement relying on Your own business judgment and You have not been induced by any Person; and (e) execution, delivery and performance of this Agreement by You shall not (i) violate any provision of the territorial and/ or jurisdictional laws applicable to You; (ii) conflict with or result in material breach or violation of any terms, or constitute default under any other agreement by which You are bound; (iii) violate any order, judgment or decree against, or binding upon You; or (iv) violate any law or regulation of India or any other country in which You maintains Your principal office (in case You are a corporate Person) or of which You are a citizen and a resident (in case You are a natural Person).

 

    1. LivFittdisclaims all warranties in relation to access to or provision of Platform or Services, whether express or implied, including but not limited to:

 

  1. Services being constantly available or available at all;

 

  1. Services being successfully executed in all cases;

 

  1. Services being always functional without any disruption, delay or error;

 

  1. User’s ability to use the Services, directly or indirectly;

 

  1. Users’ satisfaction with the Services;

 

  1. the accuracy of the data provided in the course of Service;

 

  1. the security, privacy and protection from loss or corruption of User’s data;

 

  1. that all bugs or errors in relation to Services will be fixed or corrected;

 

  1. that Platform will be compatible with all devices, all networks and all browsers;

 

  1. that use of Services is fit for a particular purpose or use, except as provided herein; or

 

  1. that Services and Contents are accessible in every location.

 

    1. Users shall defend, indemnify and hold Us, and Our officers, directors, employees, representatives, consultants and agents harmless from and against any third party claims, actions, demands, liabilities, judgments, and settlements, including without limitation, any loss or damage suffered by Us (including loss of reputation and/ or goodwill) and including reasonable legal fee that may result from or alleged to result from (a) such User’s unauthorized, illegal and/ or unlawful access to or use of the Services; (b) such User’s breach of any rules, regulations and/ or orders under any Applicable Law; and (c) such User’s breach of any obligation under this Agreement.

 

    1. You expressly represent and warrant that You will not use Services if You do not understand, agree to become a party to and abide by all the terms specified in this Agreement. Any violation of this Agreement by You may result in legal liability upon You and nothing in this Agreement shall be deemed to confer any rights to any third party or any other Person, not expressly granted such rights herein.

 

  1. GOVERNING LAW AND JURISDICTION

 

    1. The Services may be provided through, and the Platforms may be controlled and operated from and through, any country and may be subject to the laws of that country. When You access the Services from any location, then, You are responsible for compliance with the local laws applicable to You.

 

    1. This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at New Delhi, India.

 

    1. You agree that any cause of action arising out of Your use of Services shall be commenced within 30 (thirty) days after (a) when such cause of action accrues; or (b) when You become aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.

 

  1. MISCELLANEOUS

 

    1. Confidentiality: You may be given and have access to confidential and proprietary information of the other users pursuant to Services provided under this Agreement. You will not use any such confidential information for Your own corporate purposes or any other purpose (except as contemplated under this Agreement) without a prior written consent of the Person owning such information and shall use their best efforts to keep confidential and not to disclose to any Person any such confidential and proprietary information, except as mutually agreed or required by Applicable Law.

 

    1. Severability:If any provision of this Agreement is determined to be unenforceable then such provision shall, to that extent, be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected. Any act of either Us or the User, done prior to the provisions being held unenforceable shall be deemed to be valid and binding on the other.

 

    1. Waiver: Waiver by Us of any one default of any one User will not waive subsequent defaults of the same or different kind, by the same or different User, and no failure or delay of Us to exercise or enforce any of its rights hereunder shall act as a waiver of those rights.

 

    1. Assignment: While the Users shall not assign or transfer any of their rights or liabilities under this Agreement to any other Person, We may freely assign Our rights and benefits (in full or in part) under this Agreement to any Person. You acknowledge that We have a right (but not the obligation) to deliver the Services either ourselves, or, through Our affiliates or any third parties.

 

    1. Notices: We may post notices within the Platform or send You notices on the registered e-mail address or the telephone numbers shared with Us. You will deemed to have received such notices, if sent via e-mail, within 24 (twenty four) hours of Us sending the notice. Your use of Services after expiry of 3 (three) days from the day notice was sent, shall constitute receipt and acceptance of the notices sent to You.

 

    1. Non-compete and Non-solicit: You will not, directly or indirectly, (i) solicit or attempt to solicit, induce or recruit, engage or in any other way encourage Our employees, consultants or Users to terminate their respective engagements with Us and/ or engage with You and/ or any third party; or (ii) engage in any activity which is same or similar to the Platform or the Services.

 

  1. DISCLAIMERS

 

    1. The information, software, products, and services forming parts of the Services have been contributed by various Users and may include inaccuracies or typographical errors. Any advice received or inferred via the Services should not be relied upon by the Users for any personal, legal or financial decisions and Users should consult an appropriate professional for tailored advice, specific to their situation.

 

    1. We shall not be responsible for viruses, worms, trojan horses, and other harmful or destructive Content of third parties. The Platform may contain Content that is offensive, indecent, or otherwise objectionable. The Platform 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. We disclaim any responsibility for any harm resulting from the use of the Platform, or from any downloading of Content posted on the Platform.

 

    1. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WE DO NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF GENUINENESS OF THE CRENDENTIALS OR INFORMATION OF THE USERS ON THE PLATFORM FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE INFORMATION ON THE PLATFORM, SERVICES AND/ OR GOODS AND/ OR SERVICES AND/OR PRODUCTSPROMOTED AND/ OR OFFERED THROUGH THE PLATFORM OR SERVICES.

 

  1. DEFINITIONS AND INTERPRETATION

 

    1. All the capitalized terms contained in the Agreement that have not been defined elsewhere, shall mean as follows:

 

  1. Applicable Law” shall mean any law, regulation, ordinance, statute, rule, judgement, decree, order, resolutions, and policy, etc. past or decreed by the Government of India or any sub-division thereof or other concerned statutory authority.

 

  1. Content’’  shall mean and include any audio, video, visual, graphic, text content or combination thereof, including messages, information, articles, data, description of Services, images, videos GIFs, reviews, ratings, comments, queries or any other like material, created and/ or added on the Platform, by the User or Service Providers.

 

  1. 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.

 

  1. Platform” shall mean the Website and the other platform(s) (whether android or IOS) downloadable from third party service providers, including any updates thereof, as We may provide from time to time.

 

  1. Registered User” shall mean such User who or which has successfully created a Registered Account on the Platform.

 

  1. Services” shall mean and include services provided by the Platform including, but not limited to, fitness services like bookings for personal trainers, dance studios, zumba trainer, dietician, aerobics trainer, pole fitness, gymnastics trainer, martial arts trainer; platform for interacting with other Users, fitness experts, uploading and sharing fitness and lifestyle related blogs, videos, photos; online purchase of Pharmaceutical Goods and Services, fitness gears/ equipment, fitness supplements and other products.

 

  1. User”, “You” or “Your” shall mean any Person who or which accesses or uses the Platform or Services or Content thereof, as provided from time to time.

 

  1. Website” shall mean [_], as provided by Us and as updated from time to time.

 

    1. Any capitalized terms not defined herein this Agreement shall have such meaning as set forth in the Privacy Policy.

 

    1. Any reference to the singular includes a reference to the plural and vice versa; any reference to one gender includes a reference to the other gender(s), unless explicitly stated otherwise.

 

    1. Headings and captions are used for convenience only and not for interpretation of the Agreement.

 

    1. 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.

 

Last Updated on: [insert date]

 

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