FITART GENERAL TERMS AND CONDITIONS :
Last updated on _________________-
AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE
THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS
IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF
USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
(DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL
GOVERN THE RELATIONSHIP BETWEEN USER AND FOR THE USE OF THE WEBSITE (DEFINED BELOW).
· THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE
PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES,
2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND
application under the name and style “FITART ” (the Website) is between FITART and the guest users or
registered users of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “User”)
describe the terms on which offers You access to the Website and such other services as are incidental
and ancillary thereto (“Services”).
ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT
http://www.____________.com/page/terms, the Terms of Sale available at
http://www.__________.com/info/termsofSale, the other policies of the Website available at
www._______.com under “Policy Info” section or elsewhere on the Website and any other terms which
may apply to specific Services (“Additional Service Terms”) together with all other notices, disclaimers,
guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)”)
constitute the entire agreement upon which You are allowed to access and use the Website and avail
If you are accessing the mobile application or accessing the Services through the mobile application,
imposed by mobile application stores like Apple’s store, Android’s play store, Microsoft’s store from
time to time) which will govern the use of the mobile application. These additional terms to the extent
1. GENERAL TERMS
1.1 Fitart is a ___________ registered under the laws of India, with its office at
___________________________________________-, India and having Registration No._________.
FITART is an online marketplace and is limited to managing the Website to enable seller to exhibit,
advertise, display, make available and offer to sell the products and services related to gymnasium,
yoga, zumba, other sports and fitness related activities to enable buyer to purchase the products so
offered (“Products”), and other incidental Services thereto (“Services”) including use of the Website by
Use shall be made available on the Website. You are requested to regularly visit the Website to view the
when last modified any part of the Agreement by referring to the “Last Updated” legend provided in
require You to provide Your direct or indirect consent to any update in a specified manner before
further use of the Website and the Services. If no such separate consent is sought, Your continued use of
the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
1.3 If there is any conflict:
only to the extent of the conflict;
Service Terms shall take precedence in relation to that Service;
take precedence but only to the extent of the conflict;
The Website is an electronic platform in the form of an electronic marketplace in which the seller i.e
Fitart provides a platform for Users (who are buyers ) to avail fitness Products and services such as
gymnasium , zumba, yoga and other fitness related activities (a) services to facilitate the engagement of
buyers and sellers to under commerce on the Website, and (b) such other services as are incidental and
ancillary thereto. The Services are offered to the Users through various modes which may include issue
of coupons and vouchers that can be redeemed for various Services or Products as the case may be.
3. ELIGIBILITY TO USE
3.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or
removed from the system by for any reason whatsoever. If You are disqualified as per the preceding
sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You
are of legal age to form a binding contract and are not a person barred from receiving the Services
under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of
parent and to the extent permissible under applicable laws, enforceable against You.
3.2 Fitart reserves the right to refuse access to use the Services offered at the Website to new Users or
to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account (defined hereunder) on the Website. Additionally,
You are prohibited from selling, trading, or otherwise transferring Your Account to another person
directly or indirectly.
4. USER ACCOUNT, PASSWORD AND SECURITY
4.1 You may access and use the Website and the Services either as a registered user or as a guest user.
However, not all sections of the Website and Services will be accessible to guest users.
4.2 Fitart makes certain sections of the Services available to You through the Website only if You have
provided certain required User information and created an account and a ID through certain log-in ID
and password (“Account”). You can create Your Account on the Website through logging in by Your third
party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc.
or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other
Internet service as permitted on the Website (ID and/or other third party login identification as provided
above are individually and collectively referred to the “Account Information”).
4.3 In the event You register as a User by creating an Account in order to avail of the Services provided
by the Website, You will be responsible for maintaining the confidentiality and security of the Account
Information, and are fully responsible for all activities that occur under Your Account. You agree to (a)
immediately notify of any unauthorized use of Your Account Information or any other breach of security,
and (b) ensure that You exit from Your Account at the end of each session. Fitart cannot and will not be
liable for any loss or damage arising from Your failure to comply with this section. You may be held liable
for losses incurred by or any other user of or visitor to the Website due to authorized or unauthorized
use of Your Account as a result of Your failure in keeping Your Account Information secure and
4.4 You shall ensure that the Account Information provided by You in the Website’s registration form is
complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services
is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes
untrue, inaccurate, not current or incomplete), or has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, has the right to suspend or terminate Your
Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
4.6 It is clarified that Facebook and Google connect as a medium for signing up only. A Member hereby
agrees that the his/her data collected by the Company through the above mediums which will be
provided by a Member i.e., the intended user through your Facebook or Google profile, can be used,
and other Company Policies. However, kindly note that the manner in which Facebook and Google uses,
stores, processes and discloses a Member’s information is governed solely by their policies, and the
Company and the Electronic Media bears no liabilities/responsibility for their privacy practices; the
manner in which Facebook and Google uses, stores, processes and discloses your information; and/or
other actions of any third party site or service that may be enabled within the services provided by
Facebook and Google.
4.7 Post the sign-up process (either by way of a Member’s own sign up process or through Facebook and
Google), a Member will be required to carry out and undertake a registration process. At the time of
registration, a Member will be required to given certain information and also click the “I have read and
agreed to the terms and conditions” tab. By clicking on the “I have read and agreed to the terms and
conditions” tab, a Member will be deemed to have agreed to provide the information requested by us
and also be deemed to have accepted the T&C.
4.8 Guest users: The Website also allows limited access to the Services for unregistered Users (also
called as ‘guest users’). Such users will be able to browse the Website and use the Services for the
purpose of availing the same. However, You will not be provided with access to certain benefits reserved
only for the purpose of registered users. These benefits may change from time to time.
4.9 Depending upon whether You are a buyer or another user who otherwise wish to use the Website,
and the nature of Services You wish to avail from the Website, You may be required to provide certain
personal information and may collect certain personal information. Your provision of such information,
collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed
4.10 Please note that any person accessing the Electronic Media and registering on the Electronic Media
on behalf of Subscribing Entity shall be deemed to have been duly authorized by the Subscribing Entity
for this purpose and also to carry out the activities on the Electronic Media. The entity will not be liable
for any activities executed on behalf of any Subscribing Entity by a person not authorized by such
4.11 If the entity reasonably believes that an account and password is being used / misused in any
manner, the entity shall reserve the right to cancel access rights immediately without notice, and block
access to all users from that IP address. You agree to notify the Company and the Electronic Media
immediately of any unauthorized use of your account or any other breach of security. The entity will not
be liable for any loss that you may incur as a result of someone else using your password or account.
However, you could be held liable for Losses incurred by FITART (entity) or another party due to
someone else using your account or password.
4.12 Further, by using the Electronic Media or sending emails, data, information or communication to
the Company through the Electronic Media you consent to receive communications via electronic
records from the Company periodically and as and when required.
5. PAYMENT RELATED INFORMATION
5.1 Fitart presently does not levy any fee for browsing the Website or availing the services on the
Website. Fitart may charge Users certain fees for the use of the Website and Services as a whole, or
certain features of the Website / Services if so decided during future course of time. You agree to pay
any such fees, as may be applicable to the Services that You use. Fitart will try to ensure that You are
made aware of the applicability of any fees for a particular use of the Website / Services, as well as the
amount of fees payable by You for any such use of the Website / Service. You agree that may, at any
time, charge, modify or waive fees required to use the Website. Your continued use of the Website /
Services after such change in the fees will be considered to be Your acceptance of such changes, and the
5.2 You agree to provide correct and accurate financial information, such as credit/debit card details to
the approved payment gateway or pre-paid payment instrument account details for availing Services on
the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not
lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid
instrument account. The information provided by You will not be utilized or shared with any third party
unless required in relation to fraud verifications or by law, regulation or court order or in accordance
Your credit/debit card details or pre-paid instrument account. Fitart expressly disclaims all liabilities that
may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument
5.3 Fitart may have existing arrangements with its banks, regarding limits on the amounts You can pay (if
You are a buyer) or receive (if You are a seller) in the course of a single transaction. Fitart will work
towards ensuring that You are made aware of such limits if they may be applicable to You. However,
shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of
the decline of authorization for any transaction, on account of You/cardholder having exceeded the
preset limit mutually agreed by with its bank from time to time.
5.4 For Your making payments for buying the Products or availing services on the Website, in addition to
the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card
issuing association may also be applicable to You. Your bank, financial institution or card issuing
association may decline or prevent You from making electronic payments for buying the Products or
services on Website and does not control the same and shall be liable for the same.
5.5 Payment Facility for availing services: Fitart may from time to time contract with third party payment
service providers including banks to open bank account under applicable Indian laws, to facilitate the
payment between Users i.e. buyers and fitart for collection of fitart fees and other charges. These third
party payment service providers may include third party banking or credit card payment gateways,
payment aggregators, pre-paid instruments, mobile payment service providers or through any facility as
may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may
be of payment or supporting the same in any manner. Fitart shall initiate the remittance of the
payments made by You for Your purchases on the Website after the Products/services as the case may
be are delivered/availed to/by You and the date of completion of transaction shall be after the
Products/Services are delivered/availed to/by You and such other additional time as may be agreed.
6. USER OBLIGATIONS AND ROLE OF FITART
6.1 Subject to compliance with the Agreement(s), Fitart grants You a non-exclusive, non-sub-licensable,
non-transferable, revocable, and limited right to access and use this Website and the Services provided
6.2 You agree to use the Services, Website and the Content (as defined herein) provided therein only for
You agree not to access (or attempt to access) the Website or Services by any means other than through
the interfaces that are provided by fitart. You shall not use any deep-link, robot, spider or other
automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way
reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt
to obtain any materials, documents or information through any means not specifically made available
through the Website.
6.3 If you believe that any Content or User Content (as defined herein) or other content available on the
Website does not comply with the terms of the Agreement(s) or applicable law, You may report such
content in the manner prescribed under relevant clause herein.
6.4 The Website may allow you to post certain content, data or information of Your own such as
allowing You to rate/grade Products/service, post your comments, and reviews in relation to
Products/services availed on specific pages of the Website, as well as submit any suggestions,
comments, questions or other information to using the Website / Services (collectively referred to “User
Content”). You, being the originator of the User Content, are responsible for the User Content that You
upload, post, publish, transmit or otherwise make available on the Website. You represent that you
have obtained all relevant consents and approvals in order to post any User Content. You further
represent that all such User Content will be in accordance with applicable law. You acknowledge that
does not endorse any User Content on the Website and is not responsible or liable for any User Content.
Fitart reserves the right to disable access to the User Content on the Website.
6.5 You agree, understand and acknowledge that the Website is an electronic platform in the form of an
electronic marketplace and fitart as an intermediary that provides an electronic venue where various
Users may electronically meet and engage in commerce and transact. You further agree and
acknowledge that is only a facilitator and is not and cannot be a party to or control in any manner any
advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of
Products/Services on the Website. Accordingly, any contract for the sale / purchase of Products/services
on the Website is a bipartite contract between You and the sellers. Fitart neither recommends You to
buy or sell any Products/Services on the Website nor does endorses any such Products/Services and nor
does provides any guarantee, warranties or assurance with respect to the advertisement, exhibition,
making available, offer to sell or transactions of sale or purchase of Products on the Website. Further,
Fitart does not guarantee, warranty or provide any assurance on the behaviour of any User of the
Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will
complete any transaction or act in a prudent manner.
6.6 When you use the Website and/or the Services You specifically undertake not to host, display,
upload, modify, publish, transmit, update or share any information or Content that:
· belongs to another person and to which the User does not have any right to;
· is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libelous, invasive of another’s privacy, hateful, or racially, ethically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
· harms minors in any way;
· impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with
a person or entity;
· threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with
foreign states or public order or causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting of any other nation;
· infringes any patent, trademark, copyright or other proprietary rights;
· contain software viruses or any other computer code, files or programs designed to interrupt
destroy or limit the functionality of any computer resource;
· deceives or misleads the addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
· engage in any activity that interferes with or disrupts access to the Website or the Services (or
the servers and networks which are connected to the Website);
· attempt to gain unauthorized access to any portion or feature of the Website, any other systems
or networks connected to the Website, to any server, or to any of the Services offered on or through the
Website, by hacking, password mining or any other illegitimate means;
· probe, scan or test the vulnerability of the Website or any network connected to the Website,
nor breach the security or authentication measures on the Website or any network connected to the
Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or
visitor to, the Website, or any other customer of fitart, including any Account not owned by You, to its
source, or exploit the Website or Service or information made available or offered by or through the
Website, in any way whether or not the purpose is to reveal any information, including but not limited
to personal identification information, other than Your own information, as provided for by the Website;
· disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems
resources, accounts, passwords, servers or networks connected to or accessible through the Websites or
any affiliated or linked sites;
· use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or
to solicit the performance of any illegal activity or other activity which infringes the rights of or other
· falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in a file that is
· violate any code of conduct or other guidelines, which may be applicable for or to any particular
· violate any applicable laws or regulations for the time being in force within or outside India;
· violate the terms of the Agreement.
6.7 You agree that You are solely responsible to and to any third party for any breach of Your obligations
which or its affiliates or its vendors may suffer) for any such breach.
6.8 Fitart does not pre-screen User Content.Fitart has no obligation to monitor any User Content.
However, at its discretion and/or in accordance with applicable law may monitor any User Content and
may remove any User Content from the Website if determines in its sole discretion that such User
from the Website, Fitart will make reasonable efforts to inform the user who had posted such User
Content. Such actions do not in manner negate or dilute fitart position as an intermediary or impose any
liability on with respect to User Content.
6.9 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet
connections and other software and technologies that may be required to access, use and transact on
the Website. You may incur access or data fees from third parties in connection with your purchase
and/or use of the services. You are responsible for all such fees.
6.10 You shall use this Website, and any voucher/coupons purchased through it, for personal, non-
commercial use only and shall not re-sell the same to any other person.
6.11 You may need to install updates that we or any third party introduce from time to time to use the
services, Products, Website including downloads and required functionality, such as bug fixes, patches,
enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the
Products or Website you have installed requires that you have agreed to receive such automatically
6.12 Any purchase of the Products/Services from the Website will be strictly for personal use of the
User. The User hereby expressly agrees that any Services purchased by the User will not be sold, resold,
bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges
that the Products/Services purchased are not transferrable to any third party for profit.
6.13 There may be certain orders that is unable to process or pass on buyer’s order to the seller/service
provider and must cancel. Some situations that may result in fitart inability to process or pass on buyer’s
order to the seller/service provider include, without limitation, non- availability of the Website service,
force majeure, credit limitations or suspected fraud.
6.14 Fitart states that it holds the sole discretion in regards to admission of the user. It also further
states that at a given point of time if all the activities/ sessions which are to be provided by the service
providers/ fitness centres are sold out and the user is not able to avail the said activities/sessions due to
above mentioned reason then Fitart shall hold no responsibility in this regard.
6.15 Registered users are made aware that Fitart shall provide only one session per day per user from
any of the service providers registered with Fitart. Fitart holds the sole discretion to provide second
session on the same day to any of its user.
7. USE OF CONTENT
7.1 Except as expressly indicated to the contrary in any applicable Additional Service Terms, hereby
grants You a non-exclusive, revocable and non-transferable right to view, download and print product
catalogues available on the Website, subject to the following conditions:
· You may access and use the product catalogues solely for personal, informational, and internal
· You may not modify or alter product catalogues available on the Website;
· You may not distribute or sell, rent, lease, license or otherwise make the product catalogues
available on the Website available to others; and
· You may not remove any text, copyright or other proprietary notices contained in the product
catalogues available on the Website.
7.2 The rights granted to You in the product/service catalogues or any other materials as specified above
are not applicable to the design, layout or look and feel of the Website. Such elements of the Website
are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.3 Any software that is available on the Website is the property of or its vendors. You may not use,
download or install any software available at the Website, unless otherwise expressly permitted by the
Agreement or by the express written permission of Fitart.
7.4 Fitart hereby states that User shall comply with the community guidelines/rules/regulations any
other guidelines prescribed by the Fitness Service Provider at the time of utilising the services thereof
and the use/access to the premises/facilities of the Fitness Service Provider.
The Fitness Service Provider agrees to:
a) provide services, products, training etc. to the Members in conformity with the data, information,
offers, schemes, advertisement provided, posted by them on the Electronic Media or communicated to
b) not discriminate between any Members, including but not limited to, on the basis of caste, creed, sex
c) not to accept any walk-ins for a programme solely marketed on the Electronic Media as being fully
d) inform the Member about that they should transact through the Electronic Media, unless otherwise
agreed between the Fitness Service Provider and the Company; and
e) comply with the community guidelines/rules/regulations any other guidelines prescribed by the
Member at the time of providing the services at the premises/facilities of the Member.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The Website and the processes, and their selection and arrangement, including but not limited to all
text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code
(collectively, the “Content”) on the Website is owned and controlled by or its licensors and the design,
structure, selection, coordination, expression, look and feel and arrangement of such Content is
protected by copyright, patent and trademark laws, and various other intellectual property rights.
Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in
respect of such Content. Fitart reserves the right to change or modify the Content from time to time at
its sole discretion.
8.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of or
their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior
consent of Fitart, the vendor/seller or the third party that may own the Marks.
8.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned
by a third party and so expressly mentioned, owns all intellectual property rights to and into the
trademark “Fitart”, and the Website, including, without limitation, any and all rights, title and interest in
and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions
(patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and
8.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish,
post, display, translate, transmit, reproduce or distribute any Content through any medium without
obtaining the necessary authorization from or thirty party owner of such Content.
9. THIIRD PARTY CONTENT
In the event any Third Party Content contains links to third party websites, and You visit any such
external link, You agree to do so at your own risk, responsibility and liability. Fitart makes no warranty or
representation regarding, and does not endorse, any website linked to the Website / Services or the
information appearing thereon or any of the products or services described thereon.
10. DISCLAIMER OF WARRANTIES AND LIABILITIES
10.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE
PROVIDED BY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING,
MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR
YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-
FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE
EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR
EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE
CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR
THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILL HAVE NO LIABILITY RELATED TO USER
CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL,
PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE
MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW 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 THE
WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FITART HAS ENDEAVOURED
TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT NEITHER WARRANTS NOR
MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY
DATA, INFORMATION, PRODUCT OR SERVICE. SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY
TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE
FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND
RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
FURTHER, SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING
PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE
THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND ‘S CONTROL. THE USER
UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IS NOT RESPONSIBLE FOR ANY
TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. FITART ACCEPTS NO LIABILITY FOR ANY
ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON
BEHALF OF ITSELF OR THIRD PARTIES.
10.3 In the event You have purchased / downloaded the Website from any online application stores,
whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates)
(collectively referred to as “Store Providers”), and there occurs any failure of the Website and / or
Services, You may follow the process recommended by the Store Provider under the terms of the
contract applicable between You and such Store Provider. The Store Providers shall not be liable for any
(i) warranty obligations of and related claims, losses, liabilities, damages, costs or expenses; (ii) product
liability / consumer protection claims, and claims related to the Website’s non-conformity with any
applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the
Website / Fitart.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
11.1 You agree to indemnify, defend and hold harmless Fitart, its subsidiaries, affiliates, vendors, agents
and their respective directors, officers, employees, contractors and agents (herein after individually and
collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims,
suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and
other statutory fees and disbursements in connection therewith and interest chargeable thereon)
asserted against or incurred by the indemnified parties that arise out of, result from, or in connection
with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out
of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content /
content, information or materials provided by You caused damage to a third party; or (iv) Your violation
of any rights of another, including any intellectual property rights (a) any breach of any representation,
warranty, covenant or agreement to be performed by the User accordance to the T&C and Company
Policies; (b) the Fitness Service Providers provision of services to any third party, regardless of whether
or not they are user/members of the Company; or (c) any materials provided by the Users to the
Company/Electronic Media or other Users or and/or any content posted by the User on the Electronic
Media otherwise provided to other Users; (d) User’s refusal to pay for services provided by any Member;
(e) User’s use of the Service and Electronic Media.
11.2 Fitart may notify You of any claims which You shall be liable to indemnify against. You will then be
required to consult with regarding the course of action to be undertaken in defending such a claim.
Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of
without the express prior written consent of which can be withheld or denied or conditioned by in its
11.3 The maximum aggregate liability of the Company under or in relation to the T&C and any other
relevant Company Policy and any Losses arising therefrom; will not exceed and will be capped at total
payments made to the Company by a User in the immediately preceding 1 (one) month or any other
amount specified in the relevant Company Policy applicable to the Service of the Company which the
User avails or Rs. 2500, whichever is higher. In the event applicable law does not allow the limitation of
liability as set forth above, the limitation will be deemed modified solely to the extent necessary to
comply with applicable law.
11.4 Notwithstanding anything to contrary in the Agreement(s), in no event shall fitart, its subsidiaries
or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for
any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including
those resulting from loss of use, data or profits, whether or not foreseeable or whether or not has been
advised of the possibility of such damages, or based on any theory of liability, including breach of
contract or warranty, negligence or other tortious action, or any other claim arising out of or in
connection with Your use of or access to the Website, Services or Content.
11.5 Fitart shall not be responsible for Any conduct of the Member/user at the premises of the Fitness
Service Provider or uploading of any content by a Member on the Electronic Media or any other electric
or print media/platform, including any publishing of any content which, in legal opinion, is derogatory,
threatening, defamatory, obscene or offensive or offends public sensibilities or morals and the same
shall be dealt with in accordance with the policies of the Fitness Service Provider.
12.1 The Agreement will continue to apply until terminated by either You or as set forth below. If You
want to terminate Your agreement with fitart, You may do so by (i) not accessing the Website; or (ii)
closing Your Account for all of the Services that You use, where has made this option available to You.
12.2 You agree that the Company, in its sole discretion and for any or no reason, may terminate the
account (or any part thereof) you may have with the Company or use of the Electronic Media and
remove and discard all or any part of your account or any content uploaded by you, at any time. The
Company may also in its sole discretion and at any time discontinue providing access to the Electronic
Media, or any part thereof, with or without notice. You agree that any termination of your access to the
Electronica Media or any account you may have or portion thereof, may be effected without prior
notice, and you agree that the Company will not be liable to you or any third party for any such
12.3 In addition to the reasons and the grounds of termination expressly provided for in these T&C
above, the Company, in its sole discretion, reserves the right to terminate any account (or any part
thereof) or deny access to any account or use of the Service or remove and discard any content within
the Service, for any reason, including, without limitation:
(a) for lack of use of the account; or
(b) registration of any account using false or misleading information; or
(c) violation or inconsistent acts with the letter or spirit of the T&C; or
(d) violation of any applicable laws.
portion thereof, such as any individual Additional Terms) with You if:
· is required to do so by law (for example, where the provision of the Services to You is, or
becomes, unlawful), or upon request by any law enforcement or other government agencies;
· The provision of the Services to You by is, in fitart opinion, no longer commercially viable;
· has elected to discontinue, with or without reason, access to the Website, the Services (or any
part thereof); or
· In the event faces any unexpected technical issues or problems that prevent the Website and /
or Services from working.
12.4 Fitart may also terminate or suspend all or a portion of Your Account or access to the Services with
or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service,
termination of Your Account may include: (i) removal of access to all offerings within the Website or
with respect to the Services; (ii) disabling access to the Account Information, including Your personal
information, log-in ID and password, and all related information, files and materials associated with or
inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting
further use of the Services.
12.5 You agree that all terminations shall be made in fitart’s sole discretion and that shall not be liable to
You or any third party for any termination of Your Account (and accompanying deletion of Your Account
Information), or Your access to the Website and Services.
12.6 Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive
termination / expiry of this Agreement, will survive indefinitely unless and until chooses to terminate
them. Fitart may inform the fitness service provider who have accepted Your orders on the Website,
that this Agreement is terminated, and upon such information service provider may cancel the order.
Fitart may also cancel all Your non-fulfilled orders on the Website without any obligation or liability
information it obtains, receives, has access to (“Receiving Party”) from the disclosing party (“Disclosing
Party”), including but not limited to the that the Services, Materials, intellectual property or proprietary
information of the Company, the scheme and terms of the arrangement contemplated under the T&C
and any terms relating to a particular service/product offered by the Company, pricing information,
information about its customers, marketing and promotions, business plans etc., are proprietary and
confidential information of the Company (“Confidential Information”). Except as otherwise required by
applicable laws or by judicial/quasi-judicial authorities/governmental agencies, the Receiving Party
agrees that it shall not disclose such Confidential Information to any third party without the written and
prior consent of the Disclosing Party.
intimation to the other Party) on a ‘need to know basis’ for the purposes contemplated by these T&C
disclose confidential information to its directors, employees and professional advisors including
auditors, bankers and lawyers, provided each of such person is bound by similar obligations of
confidentially as set out herein. Provided however that insofar as such disclosure is reasonably
necessary to such Receiving Party’s employees, consultants, directors or professional advisers, provided
that such Receiving Party shall make reasonable efforts to ensure (excluding the need to take any legal
action) that such employees, consultants, directors or professional advisors treat such information as
confidential, and such Receiving Party will be responsible for breach of the confidentiality obligations by
such affiliates, employees, consultants, directors or professional advisors irrespective of whether such
Receiving Party has entered into similar confidentiality agreement with such persons.
14. GOVERNING LAW AND JURISDICTION
relationship between You and shall be governed in accordance with the laws of India without reference
to conflict of laws principles.
14.2 You agree that all claims, differences and disputes arising under or in connection with or in relation
through the Website or the relationship between You and shall be subject to the exclusive jurisdiction of
the courts at Nagpur Maharashtra State, India and You hereby accede to and accept the jurisdiction of
such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter
have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any
such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any
manner provided by law. Any and all service of process and any other notice in any such suit, action or
proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
14.3 Dispute Resolution: All disputes arising out of or in connection with the T&C shall be attempted to
be settled through negotiation between senior management of the Company and the User. If any
dispute arising between the parties is not amicably settled within reasonable period of sixty (60) days of
the initiation of the aforesaid dispute resolution mechanisms, then, the same shall be resolved by
arbitration in accordance with the provisions of the Rules of Arbitration of the Indian Council of
Arbitration for the time being in force, which rules shall be deemed to be incorporated by reference in
this relevant Clause. The dispute shall be referred to one (1) arbitrator to be appointed/ nominated by
the Company. The place of arbitration shall be ____________. The language of the arbitration will be
English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis
for judgment thereon in India or elsewhere. The Company and the User will bear its own costs of the
15. REPORT ABUSE AND TAKE DOWN POLICY
any objectionable content on the Website, or if You believe your intellectual property rights have been
violated in any manner through the Website, please refer to the Report and Take Down Policy available
at www.___________.com under “Policy Info” section.
When You use the Website or send emails or other data, information or communication to fitart, You
agree and understand that You are communicating with through electronic records and You consent to
receive communications via electronic records from periodically and as and when required. will
communicate with You by email or by notices on Website or electronic records on the Website or on
Your mobile number which will be deemed adequate service of notice / electronic record to the
maximum extent permitted under any applicable law.
17. ADDITIONAL USER TERMS
17.1 Fitart states that if a registered user has opted for some activities/sessions the same shall not be
availed for by anybody else on the behalf of registered user.
17.2 The user before availing the session is required to obtain One Time Password (OTP) and needs to
communicate to the service provider. It is further stated that till the time of verification of OTP, the user
cannot avail the sessions.
17.3 Fitart is a platform which provides its users with array of fitness activities/sessions through the
service provider. The user while availing the activities/sessions has to select a time slot and if the user
fails to abide by the time slot opted by the user i.e. if there is a delay in availing the same, right to
admission solely lies with the service provider and fit art shall nit be responsible.
17.4 Fitart provides its user with a facility of ‘Wallet’. The user has the liberty to add money to the
Wallet and the same can be used only for the purpose of availing the services as provided by Fitart. The
same is not transferable and comes with an expiry period which shall be notified by Fitart to its user at
regular intervals. It is further stated that users who have earned reward points viz. by referring the fit art
application or by any other means shall be added to this Wallet only.
17.5 Fitart through its website provides its user while availing the services/products, the direction, maps
of the various service providers registered with Fitart. It also provides an ‘Ola cab’ facility for its
registered users for travelling to the service providers who registered with Fitart. Fitart holds no
responsibility for the aforementioned transit.
17.6 The user has to abide by the rules, regulations and bye-laws set forth by the service providers.
Fitart holds no responsibility, liability incase of any misadventure resulting into death, accident or any
grievous injury to/of any of its user while availing the sessions/services as provided by Fitart.
17.7 Fitart shall at no instance provide refund to any of its users for any transaction as incurred by the
18. GENERAL PROVISIONS
sent to Grievance Officer at grievanceofficer@_____________,com.
18.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted
hereunder or any obligations, to any third party and any such assignment or transfer or purported
assignment or transfer shall be void ab initio.fitart rights and/or obligations under the Agreement are
freely assignable or otherwise transferable by to any third parties without the requirement of seeking
Your prior consent. Fitart may inform You of such assignment or transfer in accordance with the notice
requirements under the Agreement. Fitart shall have right to transfer Your Account and Account
Information to a third party who purchases fitart business as conducted under the Website.
18.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the
Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the
remainder of the Agreement shall continue in full force and effect. may amend in a reasonable manner
such provision to make it enforceable and such amendment will be given effect in accordance with the
18.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or
any related right, shall not constitute a waiver by such party of that provision or right. The exercise of
one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights
party shall only be made in writing and executed by a duly authorized officer of such party.
18.5 Principal to Principal Relationship: You and are independent contractors, and nothing in these
(disclosed or undisclosed), franchise, sales representative, or employment relationship between You and
fitart. As an abundant caution, it is clarified that shall not have any right to conclude any contract for
sale or purchase of Products for and / or on Your behalf and both You and have entered this agreement
on principal to principal basis.
Agreement by is, or other third parties in fulfillment of any purchase or sale transaction (for eg: service
provider, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of
labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing,
utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts
of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand
or requirement having legal effect of any government or any judicial authority or representative of any
such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this
clause, which are beyond the reasonable control of or its third parties performing such services as sub-
contractor to and could not have been prevented by reasonable precautions (each, a “Force Majeure
Event”), then shall be excused from such performance to the extent of and during the period of such
Force Majeure Event. Fitart shall exercise all reasonable commercial efforts to continue to perform its
18.7 Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made
thereunder, the Grievance Officer of for the purpose of this Agreement shall be
Mr___________________ with email address: grievanceofficer@__________.com. may change the
aforesaid details from time to time under intimation to You.
19. FEEDBACK AND INFORMATION
19.1 Any feedback You provide to this Website shall be deemed to be non-confidential. shall be free to
use such information on an unrestricted basis. Further, by submitting the feedback, You represent and
warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third
parties; (ii) is not under any obligation of confidentiality, express or implied, with respect to the
feedback; (iii) may have something similar to the feedback already under consideration or in
development; and (iv) You are not entitled to any compensation or reimbursement of any kind from for
the feedback under any circumstances.
19.2 To clarify, may at its discretion, make any modifications or changes to the Website, Content and /
or Services on the basis of such feedback, however shall not be obliged to do so. Further, in the event
that makes any changes or modifications to the Website, Content and / or Services on the basis of any
such feedback, You shall not have any rights or title (including any intellectual property rights) in such
changes or modifications to the Website, Content and / or Services. You expressly waive any and all
rights in such changes or modifications to the Website, Content and / or Services, and assign to fitart, all
worldwide rights and title (including any intellectual property rights) to such changes or modifications to
the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of
the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any
such changes or modifications to the Website, Content and / or Services.