TERMS AND CONDITIONS / TERMS OF USE
Legal Agreement
Introduction
This user agreement (“Agreement”) is an agreement between you and Evolved Wellness Private Limited (“Fytt.Club,” “Company”, “we”, “us” or “our”) owns and operates the Fytt.Club platform which we provide through https://Fytt.Clubwebsite (the “Site”) and Fytt.Club mobile application (the “App”) (the Site and App are collectively referred to herein as the “Platform”, “Services”). These Terms of Service (“Terms”) constitute a legally binding agreement between you and the Company governing your use of the Service, through our Platform. You acknowledge and agree that, by clicking on the “I agree” or similar button on our website or on our mobile application, registering for an account, downloading our mobile application or any upgrades to such application, using or accessing the platform, you are indicating and undertaking that you have read, understood and have agreed to be bound by these terms, whether or not you have registered with the platform. If you do not agree to these terms, then you have no right to access or use the platform. These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Platform, whichever is earlier. Any personal data you submit to us through the Platform or which we collect about you is governed by our privacy policy (“Privacy Policy”), available at https://www.fytt.club/privacy. You acknowledge that by using or accessing the Platform you have reviewed, understood and agreed to the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and together form part of and are hereinafter referred to as this "Agreement
You agree to abide by Fair Usage Policy mentioned below:
Under Fitness Services limited / select membership(s), You can only book, access and
attend classes / sessions at Your primary / home centre, chosen by You at the time of buying
Your membership(s) / session(s), and access to other centres / outdoor centres / activities /
formats shall not be permitted. The number of classes / sessions permitted to be booked
shall be as per the respective membership’s terms and conditions. Access to the classes /sessions shall be subject to the slot availability and shall be accessible on a first come first
serve basis. We will not entertain any requests for changing of Your primary / home centre
to another centre. However, we reserve the right to penalize you or suspend / terminate
your membership in case of misuse of terms or classes
Under a FYTT.club membership, you shall be able to book and attend
classes/sessions/activities offered by us and avail such other services. Access to the
classes/sessions/activities available shall be subject to the availability of the said
classes/sessions as offered by us and shall be accessible on a first come first serve basis.
The number of classes / sessions permitted to be booked shall be as per the respective
membership’s terms and conditions Further, Platform reserves the right to penalize you or
suspend / terminate your membership in case of misuse of Services, or for reasons decided
by Platform
Your membership is non-transferable
CHILDREN UNDER 10
CHILDREN UNDER 18
We may, from time to time, offer Junior Memberships for children in the age group of 10 to
18, which shall have additional terms and conditions mentioned below:
Junior Membership(s) can be purchased and availed only by guardians for their children
between the ages of 10 and 18 years, provided that the parent or guardian shall have duly
executed a guardian consent form and provide proof of age, as approved by us;
Under Junior Membership, you can only avail Junior classes at select centres. Further, you
shall not have access to any other programs or facilities or centres not providing Junior
classes;
The membership is non-transferable. If the membership is found to be used by any person
other than who it was purchased for, the membership will be canceled immediately,
without refund of any fees.
RESTRICTION ON USE OF SERVICES
You are not permitted to and shall not do any of the following acts, the breach of which
shall entitle Fytt.Club to terminate your use of the Services, without prejudice to any other
rights or remedies we may have against you:
Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the
Services and all content provided to you as part of the Services;
Attempt to decompile, reverse engineer or otherwise disassemble any Service or content
provided to you as part of the Services or the Website or the App or the Marketplace;
Attempt to copy any software provided to you as part of the Services or the Website or the
App and in particular its source code, or attempt to decrypt any part of such software that is
provided to you;
Create any derivative work or version of any software provided by us in relation to or to
facilitate your use of the Services or any content provided as part of the Services;
Remove from the Services or any content provided as part of the Services, any logo,
copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any
other like marks affixed to or embedded in the Services;
Use the Services or any part of it to create a false identity, to impersonate any person or
organization, or attempt to disguise the origin of any content;
Use any of Fytt.Club’s domain name as a pseudonymous return email address;
Access or use the Website/ App in any manner that could damage, disable, overburden, or
impair any of the Website/ App’s servers or the networks connected to any of the servers
on which the Website/ App is hosted;
Access or attempt to access any content that you are not authorized to access by any
means;
Access the Website/ App through any other means other than through the interface that is
provided by us;
Alter or modify any part of the Services; and disrupt or interfere with the security of, or
otherwise cause harm to the Website/ App, materials, system resources, or gain
unauthorized access to the user accounts, passwords, servers or networks connected to or
accessible through the Website/App or any affiliated linked sites.
RIGHTS RESERVED BY Fytt.Club
We have the right to disclose your identity to any third party who validly claims and
provides evidence that any material posted or uploaded by you to our Website/App
constitutes a violation of their intellectual property rights, or of their right to privacy.
We are not responsible, or liable to any third party, for the content or accuracy of any
materials posted by you or any other User of the Services
We have the right to immediately terminate your access or usage rights and remove
non-compliant information or material, in case of non-compliance with these terms and
conditions, this Agreement or the Privacy Policy.
We have the right to investigate and prosecute violations of these terms and conditions to
the fullest extent of the law and may involve and cooperate with law enforcement
authorities in prosecuting Users who violate these terms and conditions
While we have no obligation to monitor your access to or your use of the Services (or any
feature or part of the Services), we have the right to do so for the purpose of operating the
Website/ App and providing the Services, to ensure your compliance with these terms and
conditions, or to comply with applicable law or the order or requirement of a court,
administrative agency or other governmental body.
Subject to the receipt of a complaint from a User, we have the right (but shall have no
obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content
from any Service. For some of the Services, Fytt.Club may (but shall be under no obligation
to) provide tools to filter out explicit sexual content or any content which it deems to be
unsuitable at its sole discretion
We reserve the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process
or governmental request; (b) enforce these terms and conditions, including investigation of
potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or
technical issues; (d) respond to user support requests; or (e) protect the rights, property or
safety of Fytt.Club, its Users and the public. Fytt.Club shall not be responsible or liable for
the exercise or non-exercise of its rights under these terms and conditions in this regard
We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’
notice from us. Such notice may be provided at any time by posting the changes to the
terms and conditions of use or the Services on the Website/App itself
Fytt.Club shall not be liable to you or to any third party for any modification, price change,
suspension or discontinuance of the Services
BREACH OF CONTENT STANDARDS
When we consider that a breach of the content standards (as stated above) has occurred,
we may at our discretion take such action as we deem appropriate. Failure to comply
constitutes a material breach of the terms of use on which you are permitted to use the
Service, and we may take any action legally available including all or any of the following
actions:
Immediate, temporary or permanent withdrawal of your right to use the Services and
simultaneous termination/suspension of your account on the Website/App;
Immediate, temporary or permanent removal of any contribution already posted on the
Website/App using the Services, upon your failure to cure the breach that is brought to your
notice;
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis
(including, but not limited to, reasonable administrative and legal costs) resulting from the
breach;
Further legal action against you; and
Disclosure of such information to law enforcement authorities as we reasonably feel is
necessary or as required by law.
We hereby disclaim and exclude our liability for all action we may take in response to
breaches of these rules. The actions described above are not limited, and we may take any
other action we reasonably deem appropriate
Upon such termination/suspension of your account, you will no longer be able to access
your account or any content or data you have stored on the servers. All licenses granted to
you by Fytt.Club to the Website/App or the Services will automatically terminate
DISCLAIMERS
You agree that your use of the Platform and the Services shall be at your sole risk. You
expressly understand and agree that, to the maximum extent permitted by applicable law,
the Website/App and the Services are provided on an “as is” and “as available” basis for
your use, without warranties of any kind, express or implied, including without limitation
the warranties of merchantability, fitness for a particular purpose, title, non-infringement,
and those arising from course of dealing or usage of trade. Fytt.Club shall use all
reasonable endeavors to ensure that the Services are uninterrupted but it does not
guarantee or warrant that:
(i) the Services will meet your specific requirements;
(ii) the
Services will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be
obtained from the use of the Services will be accurate or reliable; and
(iv) the quality of any
Products, services, information, or other material purchased or obtained by you through the
Services will meet your expectations; and
(v) any errors in the Services will be corrected
If you are older than 30 (thirty) years of age, or if you have not been physically active or if
you have any medical history that may put you at risk, you are required to seek approval
from a qualified health care practitioner prior to using the Services:
You should discontinue exercise in cases where it causes pain or severe discomfort, and
should consult a medical expert prior to returning to exercise in such cases. We reserve the
right to deny you access to the Services for any reason or no reason, including if we
determine, in our sole discretion, that you have certain medical conditions.
The content of the Website/App, including without limitation, text, copy, audio, video,
photographs, illustrations, graphics and other visuals, is for informational purposes only
and does not constitute/substitute professional medical advice, diagnosis, treatment or
recommendations of any kind. You should always seek the advice of your qualified
healthcare professionals with any Questions or concerns you may have regarding your
individual needs and any medical conditions. You agree that you will not under any
circumstances disregard any professional medical advice or delay in seeking such advice in
reliance on any content provided on or through the Website/App. Reliance on any such
content is solely at your own risk.
The content provided on or through this Website/ App regarding drug or dietary
supplements or products for sale have not been evaluated or approved by any regulatory
authority including the Drug Controller of India.
CONTENT LICENSE FROM YOU
Some areas of the Services may allow Users to post news, feedback, comments, questions,
data, documents, pictures and other information (“User Content”). You are solely
responsible for your User Content that you upload, publish, display, link to or otherwise
make available (hereinafter, “Post”) on the Website/App and you agree that we are only
acting as a passive conduit for your online distribution and publication of your User Content.
Fytt.Club will not review, distribute, or reference any such User Content except as provided
herein or in our Privacy Policy or as may be required by law.
By Posting any User Content on the Website/App, you expressly grant, and you represent
and warrant that you have a right to grant, to Fytt.Club a royalty-free, sub-licensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce,
modify, publish, list information regarding, edit, translate, distribute, publicly perform,
publicly display, and make derivative works of all such User Content and your name, voice,
and/or likeness as contained in your User Content, in whole or in part, and in any form,
media or technology, whether now known or hereafter developed, for use in connection
with the Service. You also hereby grant each User of the Service a non-exclusive license to
access your User Content through the Services, and to use, reproduce, distribute, display
and perform such User Content as permitted through the functionality of the Website/App
and under this Agreement.
You understand that Fytt.Club, in performing the required technical steps to provide the
Services to our users, may:
(a) transmit or distribute your Content over various public
networks and in various media;
(b) make such changes to your Content as are
necessary to conform and adapt that Content to the technical requirements of connecting
networks, devices, services or media. You agree that this license shall permit Fytt.Club to
take these actions.
You are solely responsible for your contributions to any online forum Fytt.Club may offer
through or as part of the Services (“Community Participation”), such as and without
limitation, responses to blog postings, bulletin board postings, and other contributions to
online discussions. By submitting to Community Participation you:
(a) represent to
Fytt.Club, in each instance, that you either own or have the right to display or transmit each
and every element of your Community Participation, and that your submission will not
violate the legal rights or interests of any person or entity;
(b) grant to Fytt.Club a
perpetual, irrevocable, royalty free license to use your Community Participation, in each
instance, as a whole or in any part, for any business purpose, including without limitation,
promotional, marketing and training purposes.
You confirm and warrant to Fytt.Club that you have all the rights, power and authority
necessary to grant the above license.
BILLING AND PAYMENT
Certain aspects of the Services may be provided for a fee or other charge. If you elect to use
paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing
policies applicable to such fees and charges. Fytt.Club may add new services for additional
fees and charges, or amend fees and charges for existing services, at any time in its sole
discretion. All payments made towards services should be done to our Company accounts
and not to any individual. We are not liable in case of any cash transaction done to
individuals claiming to be our employee.
It is your responsibility to promptly provide Fytt.Club with any contact or billing information
changes or updates (including phone number, email address, credit card numbers, etc.).
Fytt.Club does not validate all credit card information required by the Customer's payment
provider to secure payment.
Should you choose to upgrade any of the Services provided, through in-app purchases,
payment will be charged to your credit/debit card and net banking through your Apple
account or Google Play Billing account at confirmation of purchase. Subscription renews
automatically unless canceled at least 24 (twenty four) hours prior to the end of the
subscription period. Please note all in-app purchases in excess of Rs. 2,000 (Rupees Two
thousand) per transaction shall be subject to additional factor authentication as mandated
by the Reserve Bank of India.
You must notify Fytt.Club about any billing problems or discrepancies within 24 hours after
charges first appear on your account statement. If it is not brought to Fytt.Club’s attention
within 24 hours, you agree to waive your right to dispute such problems or discrepancies.
In respect of purchases made on the Website/App, you hereby acknowledge and agree that
no refund requests will be entertained in any manner whatsoever and no refunds will be
initiated thereafter.
INDEMNITY AND LIMITATION OF LIABILITY
You agree to defend, indemnify and hold harmless Fytt.Club, its officers, directors,
employees and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising
from:
(i) your use of and access to the Service and Website/ App;
(ii) your violation of any
term of this Agreement;
(iii) your violation of any third party right, including without
limitation, any copyright, property, or privacy right;
(iv) any claim that your User Content
caused damage to a third party. This defense and indemnification obligation will survive
this Agreement and your use of the Service and Website/App.
The material displayed on our Website or App is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by law, we, our
Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:
conditions, warranties and other terms, which might otherwise be implied by statute,
common law or the law of equity;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in
connection with the Services, our Website/ App or in connection with the use, inability to
use, or results of the use of the Services or our Website/ App, any websites linked to it and
any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time;
for any other loss or damage of any kind, however arising and whether caused by tort
(including negligence), breach of contract or otherwise, even if foreseeable or advised of the
possibility of the same.
Our liability to you shall under all circumstances be limited to a maximum of the amount
paid by you (if any) at the time of registration on our Website/App to use the Services
and/or the purchase price paid by you for Products.
OFFENSES
You must not misuse our Website/App by knowingly introducing viruses, trojans, worms,
logic bombs, time bombs, cancel bots, spyware or other material, computer programming
routines, codes, files or such other programs which are malicious or technologically harmful,
or limit the interests of rights of other users or limit the functionality of any computer
software, hardware or telecommunications. You must not attempt to gain unauthorized
access to our Website/ App, the server on which our Website/ App is stored or any server,
computer or database connected to our site. You must not attack our Website/ App via a
denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offense under the Information
Technology Act, 2000 (and any amendments). We will report any such breach to the
relevant law enforcement authorities and we will cooperate with those authorities by
disclosing your identity to them. In the event of such a breach, your right to use our
Website/ App will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your use of our
Website/ App or to your downloading of any material posted on it, or on any Website/App
linked to it
LINKING TO THE WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not establish a link in such
a way as to suggest any form of association, approval or endorsement on our part where
none exists. You must not establish a link from any website that is not owned by you.
Our Website/App must not be framed on any other site, nor may you create a link to any
part of our site other than the home page. We reserve the right to withdraw linking
permission without notice. The Website/App from which you are linking must comply in all
respects with the content standards set out in these terms and conditions.
These linked sites are under no way in control of Fytt.Club and we shall not be held
responsible for the contents of any linked sites, including without limitation to any link
contained in the linked site or any changes or updates to linked site. We shall not be held
responsible for any transmission whatsoever received by you from any linked site. The
Website/ App provides links to you only as a convenience and the inclusion of any link does
not imply endorsement by us or any association with its operators or owners. You are
requested to verify the accuracy of all information on your own before relying on such
information.
If you wish to make any use of material on our Website/App other than that set out above,
please address your request to: info@Fytt.Club
SECURITY
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS
All right, title and interest in usage of the terms Fytt.Club.com, Fytt.Club including but not
limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other
information associated therewith are reserved by us
All right, title, and interest in and to the Services (excluding your Content) are and will
remain the exclusive property of Evolved Wellness Private Limited and its licensors. Any
use of this Website/ App or its contents, including copying or storing it or them in whole or
part, other than for your own personal, non-commercial use is prohibited without the
permission of Evolved Wellness Private Limited.
Except as expressly provided in these terms of use, no part of Fytt.Club and no content or
marks, data, statistics, independent research conducted and posted by Fytt.Club may be
copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, or distributed in any way including (“mirroring”) to any other computer, server,
website, or other medium for publication or distribution of any for any commercial
enterprise, without prior written consent.
By accepting the use of terms hereunder you agree that the Fytt.Club does not
transfer/assign the title to the Website/App to you, and nothing in these terms and
conditions shall imply or be deemed or construed to mean that any right, title and interest
(including but not limited to intellectual property rights) stands transferred/assigned to you
by Fytt.Club, we retain the full and complete right, title and interest to the Website/App,
and all intellectual property, title and interest to the Website/App, and all intellectual rights
therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise
reduce the Website/App in any manner which is contrary to this Agreement.
Any usage of Fytt.Club’s contents, without the written authorization of Fytt.Club, shall be
considered a breach of this Agreement, and you shall be required to indemnify Fytt.Club for
all liability incurred in this regard.
RELATIONSHIP BETWEEN THE WEBSITE AND LEGAL NAME
The website www.Fytt.Club and the associated mobile application, Fytt.Club, is registered and owned by Evolved Wellness Private Limited and usage of this Website/App/Services and affiliated links is subject to the Terms of Use and Privacy Policy.
Governing Laws and Jurisdiction
The jurisdictional court of Haryana shall have sole jurisdiction over any claim arising from,
or related to, a visit to / use of the Website/App or the Services, although we retain the right
to bring proceedings against you for breach of any of these terms and conditions in your
country of residence, country of use or other relevant country. The laws of India govern this
Agreement and these terms and conditions of use of the Services.
Fytt.Club accepts no liability whatsoever, direct or indirect, for noncompliance with the laws
of any country other than that of India, the mere fact that Website/App can be accessed or
used or any facility can be availed of in a country other than India will not imply that we
accede to the laws of such country.
Your Personal Information shall be held by us in strict confidence and as per the provisions
of the Applicable Law, (which includes the Information Technology (Reasonable security
practices and procedures and sensitive personal data or information) Rules, 2011).
This Privacy Policy is governed by the laws of the Republic of India without regard to
conflict of laws and the Courts of Haryana, India shall have exclusive jurisdiction in any
matter arising from this Privacy Policy.