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 FITART GENERAL TERMS AND CONDITIONS :

Last updated on _________________-

· THESE WEBSITE TERMS OF USE (“TERMS OF USE”) IS AN ELECTRONIC RECORD IN THE FORM OF

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.

· THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND (BOTH TERMS

DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME

(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

REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

These Terms of Use of the website located at the URL www.__________.com and mobile

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”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR

ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT

AGREE WITH THESE TERMS OF USE, PLEASE DO NOT PROCEED TO USE THE WEBSITE.

These Terms of Use together with the Privacy Policy available at

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

the Services.

If you are accessing the mobile application or accessing the Services through the mobile application,

then while these Terms of Use will apply to such use, there may be additional terms (such as the terms

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

applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

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

any User.

1.2 These Terms of Use are subject to revision by FITART at any time and hence the Users are requested

to carefully read these Terms of Use from time to time before using the Website. The revised Terms of

Use shall be made available on the Website. You are requested to regularly visit the Website to view the

most current Terms of Use. In the event such a facility is provided on the Website, You can determine

when last modified any part of the Agreement by referring to the “Last Updated” legend provided in

that document. It shall be Your responsibility to check these Terms of Use periodically for changes. may

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:

(i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence’ but

only to the extent of the conflict;

(ii) between the Additional Service Terms and any other part of these Terms of Use, the Additional

Service Terms shall take precedence in relation to that Service;

(iii) between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall

take precedence but only to the extent of the conflict;

(iv) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the

Website, these Terms of Use shall take precedence but only to the extent of the conflict.

2. SERVICES

 

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

eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in

such a case these Terms of Use shall be deemed to be a contract between and Your legal guardian or

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

confidential.

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,

preserved, processed and disclosed by the Company in accordance with the T&C herein, Privacy Policy

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

by fitart privacy policy, which is available at http://www._________.com/page/terms (“Privacy Policy”).

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

Subscribing Entity.

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

applicability of these Terms of Use to such changes.

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

with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of

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

account.

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

therein.

6.2 You agree to use the Services, Website and the Content (as defined herein) provided therein only for

purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any

applicable law.

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

third parties;

· 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

uploaded;

· violate any code of conduct or other guidelines, which may be applicable for or to any particular

Service;

· 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

under these Terms of Use or other Agreements and for the consequences (including any loss or damage

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

Content is in violation of these Terms of Use or any applicable law. Where it removes any User Content

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

requested Updates.

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

purposes, in accordance with these Terms of Use;

· 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

the Users;

b) not discriminate between any Members, including but not limited to, on the basis of caste, creed, sex

and religion;

c) not to accept any walk-ins for a programme solely marketed on the Electronic Media as being fully

registered/subscribed;

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

hyperlinks.

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

NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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

CONTENT.

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

sole discretion.

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. TERMS

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

termination.

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.

In addition to Clause above, may, at any time, with or without notice, terminate these Terms of Use (or

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

towards You.

13. CONFIDENTIALITY

13.1 Subject to the Privacy Policy, each party agrees that all know-how, business, technical and financial

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.

13.2 Except as otherwise provided in the Privacy Policy, the Parties may, (subject to prior written

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

14.1 These Terms of Use and all transactions entered into on or through the Website and the

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

hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or

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

arbitration.

15. REPORT ABUSE AND TAKE DOWN POLICY

In the event You come across any abuse or violation of these Terms of Use or if You become aware of

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.

16. COMMUNICATIONS

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

user.

18. GENERAL PROVISIONS

 

18.1 Notice: All notices with respect to these Terms of Use from will be served to You by email or by

general notification on the Website. Any notice provided to pursuant to these Terms of Use should be

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

amendment terms of these Terms of Use.

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

or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a

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

Terms of Use will be construed to create a partnership, joint venture, association of persons, agency

(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.

18.6 Force Majeure: If performance of any service or obligation under these Terms of Use or other

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

obligations hereunder.

 

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.


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