These terms (Terms of Use) are mandatory to be adhered to by the users (“You” or “Your” or “Yourself”) as they govern your conduct on the platform when you access /register to avail the services provided by the platform, i.e. fitpage, owned by Saransh Ventures Private Limited (hereinafter referred to as “We” or “Our” or “Us” or “Company” or “fitpage” or can be referred to as Platform). Please go through the Terms of Use and Privacy Policy, thoroughly prior to using/registering on our application/website. Your usage of services provided by us will signify your consensual acceptance to the Terms of Use and Privacy Policies of fitpage and you are legally bound to abide by the same, if incase you disagree with any of the terms of use or that of the Privacy Policy then you must not use/register on the platform. The agreement establishes the Legal Relationship between you and The Comapny. These terms of use do not alter in any way the terms or conditions of any other agreement you may have with us for other services. fitpage provides services in virtual as well as physical space, wellness and nutrition services, sports related and strength training guidance services, virtual physiotherapy, yoga and meditation. In addition to above mentioned services fitpage also provides content (written, visible and audible) for informational purpose to the users who visit the platform.
• You agree to the general conditions/rules of using the platform
1. Website or related app contents are provided for information purpose only, be it in for reading, listening or watching. Nothing stated is to be taken as medical or health advice, you should consult a physician, health care expert, or a qualified fitness trainer before doing any of the activities/exercises to figure out your suitability.
2. Any content posted must be in strict accordance with our publishing guidelines, which is posted below.
3. You consent for the risks of harm or any other damage to yourself while accessing the contents of fitpage and you will not hold the Company responsible for any of them. You expressly assume all the risks of any kind of harm.
4. Although we work hard on the information we provide on our platform, we make no representations, warranties or guarantees of any kind (express or implied) that our content is accurate and free from error. The content provided is for informational purpose only. It is the author’s personal view and fitpage does not claim any of it to be true.
5. You are required to respect the privacy of other users, kindly go through the Privacy Policy as well.
6. fitpage does not take responsibility for the endorsements and advertisements pertaining to products or services offered by a third party on the platform.
7. The fitness gears, accessories, drinks and other supplements that are endorsed/provided/recommended on fitpage may not be in compliance with the decided standards of the concerned authorities, the company is not liable for any unsuitability of the same.
8. fitpage does not intend to diagnose, treat, cure or prevent any disease or medical condition and none of the contents of fitpage shall be deemed to be or taken as a medical prescription. You should consider consulting a medical practitioner before going by any of the recommendations that fitpage makes.
9. . If at any point you have any query regarding, terms of use, privacy policies or content of website, write to us at customercare@fitpage.in with the subject Issue with Terms of Use/Privacy Policies
10. fitpage can anytime amend the rules and regulations that govern the usage policies and;
    1. with your continuance to use the platform, it will be deemed and assumed that you agree with such amended rules and regulations,;
    2. you are required to keep visiting this page and reading the clauses from time-to-time as they shall be binding on you.
11. Consult your Doctor, physiotherapist, trainer or concerned or relevant healthcare expert before performing exercises that fitpage suggests. Dial emergency number or seek medical assistance in case of any discomfort while performing any of such exercises.
12. Even though the exercises are prepared by the experts, there may arise a chance that it may not suit you or cause discomfort to you because of physiological and metabolic differences of different human beings. We have limited information about your physique or health condition and we are not qualified to attain such information through our tests.
13. fitpage disowns any kind of responsibility in regard with injury or risks as a consequence of services provided. While performing an exercise you agree to undertake all the risks associated thereto.

ELIGIBILITY PROVISIONS

14. fitpage provides services for people of all age groups, but you can enter into agreement if;
    1. You are a major; and
    2. You are competent to enter into a contract under the laws that are applicable. If you reside in a jurisdiction that prohibits the use of fitpage because of age, or restricts the ability to enter into contracts such as the present Terms of Use, then you must not register with us.
    3. If you are a minor and you want to avail the services, your parent/guardian will need to register/buy the subscription after accepting the terms and conditions on your behalf and your usage can be monitored by fitpage and fitpage can send the report on your parent/guardian’s contact details.
    If you do not comply with the laws for being treated as a major, then parents/guardian who are buying the subscription will have to agree to a written parental consent in a format provided by fitpage and in case of violation of any law or rule, the parents or guardian of the minor will be held responsible, thus exempting fitpage from any claim whatsoever.
    
    
    4. If you are a parent/guardian, you are hereby directed to read the parental consent form, your agreement to the terms of service will signify your signing of the parental consent form as well.
    5. It should strictly be taken note of that misrepresenting your age may lead to legal action against you. Hereunder is Parental Consent Form.

    PARENTAL CONSENT

    I am the parent/legal guardian and I am subscribing to the services provided by fitpage for my ward/kid. I understand that my ward/kid will not be allowed to avail the services provided by fitpage until I permit and agree to the terms and conditions and policies on behalf of my ward/kid.
    
    I further understand that my kid/ward shall be exposed to risks while performing the exercises on fitpage.
    
    I, having been duly sworn in accordance with law, state
    • That I have bought/subscribed to the services offered by fitpage and have accepted the mentioned Terms and Conditions;
    • that my ward/child is using this app with my explicit consent and permission;
    • that, I will be liable for any kind of misconduct that my ward/kid performs;
    • that I exempt fitpage from any claim arising out of the conduct of my ward;
    • that I will be charged under applicable laws if my ward/child breaks the law;
    • that I am responsible for the ward/kid not abiding by the terms of use and privacy policy of fitpage;
    • that I will indemnify and do hereby indemnify fitpage for any expense arising out of the actions of my ward/kid;
    • that I unconditionally agree to the aforementioned clauses;
    I CERTIFY THAT I AM MAJOR AND THAT I HAVE READ AND UNDERSTOOD THE TERMS OF USE AND OTHER POLICIES, AND I ACCEPT IT VOLUNTARILY KNOWING ITS ESSENCE.
15. If found violating the aforementioned terms/rules/conditions, the parent or guardian of the individual shall indemnify fitpage and its partners against any and all kind of losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) that may arise as a consequence of their ward.
16. If by any reason you are blocked or restricted by fitpage from accessing the platform and still you try to get access, you will be liable under the applicable laws, fitpage holds the right to suspend/terminate your account if found violating any of the terms, written or unwritten or for any reason that it may deem fit, fitpage is not liable to disclose the reason for the suspension/termination.

ACCESS AND SECURITY

17. You need to login to avail the services by using the credentials like e-mail, mobile number etc. that are registered with fitpage.
18. fitpage holds the right to withdraw or amend the website and any other service or material or content at any time.
19. You may register on fitpage via a third party network like facebook or google, you hereby authorize fitpage to pre-populate the relevant information.
20. fitpage is not liable for NON-AVAILABILITY of website/app at any time or for any period of time.
21. fitpage may ask for details or any certain other information for registration purposes
22. Website/app is governed by our privacy policy and you consent to all actions we take.
23. The username and password provided to you for accessing fitpage are to be kept confidential; the platform should be used on an individual basis; the account is nontransferrable.
24. If you share your account details with a third person and it lead to loss of your data, fitpage abstains itself from any responsibility. You are doing it at your own risk and if fitpage finds you doing this then it may lead to suspension or termination of your account as is deemed fit.
25. fitpage has the right to disable any username for any or no reason, disclosure of which is our sole discretion.
26. fitpage provides a non-transferable membership and if it comes to the notice of the Company that someone else is availing the services by impersonating other person shall result in cancellation of membership without any refund of subscription fee.

PRIVACY

27. Please refer to Privacy Policies
28. fitpage may review your usage of the services offered by the platform and if the usage is found ultra vires of the governing rules and regulations, it can terminate your membership at any time in its sole discretion. The company also reserves the right to initiate a legal action against you.
29. Your agreement to the terms of use signify that you have read and agreed to the privacy policy of the Company

MEMBERSHIP/SUBSCRIPTION

30. The free trial will begin when you create an account and it will self-charge your bank/credit card/ payment wallets at the end of your free trial unless you have specifically decided not to renew it.
31. Once you register with our platform using your email address/phone number, you provide your consent to receive messages, notifications from us.
32. The Company has a range of subscription options and none of the subscriptions can be exchanged, transferred, or provided credit for.
33. The charges visible on the initial screen of the Platform are determined by the Company and at the time of payment, total charges may differ as these may include regulatory taxes, service fee, foreign exchange charges, and any additional one time charges.
34. The Company reserves the right to amend the charges at its discretion. We do not claim our services to be cheapest or best.
35. The Company reserves the right to grant or not grant subscription to you.
36. In order to avail the services offered by fitpage, you will have to register yourself by providing the details, including your name, address, contact details and other such details as are demanded by the platform
37. You shall ensure that the information provided by you is accurate, complete and up-todate. If there is any change in the information, you shall accordingly update it on the platform. If the company has reason to believe that the information provided by you is false and inaccurate, the company has the right to suspend or terminate your account and refuse any and all current or future use of the platform at its discretion. Additionally, company may file legal proceeding against you.
38. You are responsible for maintaining the confidentiality of your account and you are fully responsible for activities that occur under your account. You agree to immediately notify the company of any unauthorized usage of your account, and ensure that you exit the platform after the end of each session. Company will not be liable for any damage caused due to authorized or unauthorized use of your account.

ACCOUNT POLICIES

39. In order to make fitpage a safe platform, the users are directed to
    1. Use the real name;
    2. Give accurate information;
    3. Not share your credentials with others ; and
    4. Use a single account .
40. You cannot access fitpage if
    1. You are minor and your guardian/parents do not give their consent for using the platform;
    2. You are restricted by laws from receiving our services;
    3. Your account is in suspended stages.
41. If there is any change in the details provided by you then it must be redressed by writing to the Company at customercare@fitpage.in or by changing the details yourself by following the proper procedure.
42. You are responsible for maintaining confidentiality of your account information and breach of security, you shall immediately report to fitpage in case of any unauthorized use of your account. You are required to sign out/exit your account at the end of each session. The Company is not responsible for any damage that arises out as your inability to comply with the Terms of Use and other policies.
43. Using someone else’s account is strictly prohibited.
44. Apart from fitness services, we are also providing the users with account on which they can share their views, content, pictures and other things. We look to provide a platform where people can express themselves but we strictly prohibit the users from engaging in activities that can cause harm to others and us.
45. We hold the right to remove anything objectionable and offensive at our sole discretion, you agree to not share anything that violates our Terms and other policies, or something that violates someone else’s rights.
46. For smooth functioning of the platform we kindly request you to report anything that you believe violates out Terms and Policies.

PAYMENTS

47. All the payments in respect of the services provided by fitpage shall be made through the platform. You acknowledge and agree that the company may use certain third-party vendors and service providers, including payment gateways to process payments and manage the cars information provided by you at the time of registration.
48. The card details provided by you can be used by the company on the day of expiration of your free trial. However, you can anytime cancel the subscription before the end of the stipulated time period.
49. In order to make payment, you undertake to use a valid payment card or bank details or third-party wallets or any other mode of payment with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform.
50. The payment receipt shall be provided as soon as the payment is completed, if the payment receipt is not received the payment will not be considered even if your account has been deducted by the said amount. The receipt will shared with you by fitpage.
51. The Company is not liable for any payments that do not complete because:
    1. Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;
    2. You have not provided the Company with correct Payment Details;
    3. your payment card has expired; or
    4. circumstances beyond the Company’s control;
    5. The Company has not received confirmation receipt of payment, we suggest you to keep a print-out of the payment receipt for reference if any unwanted circumstance arises.
52. fitpage grants you a revocable license to use our platform upon subscription.
53. We don’t provide the cost difference if by any reason, we lower our costs after you purchased the subscription.
54. We don’t guarantee lowest costs for any service, product, content or anything else included on our platform.
55. There could be few in-app purchases after the subscription.

WARRANTY/REFUNDS/CANCELLATION

56. The content is for information purpose only .
57. fitpage does not warrant the accuracy, completeness, or usefulness of this information.
58. Reliance on the information has to be at your own risk.
59. No product or service on the platform should be considered as a medical treatment, advice or service.
60. We don’t have any liability or claim that our suggestions would work in your favor, also we know of you only from the information that you share with us and so, we may not be able to qualify suitability of any content on the platform whatsoever. fitpage disclaims all the liabilities and responsibilities arising from content, product or service usage of the platform.
61. fitpage does not claim that:
    1. Any exercise/activity is suitable for you
    2. Using website will meet your personal goals and needs
    3. You will get the desired benefit upon completion of the tasks
    4. The platform is free of virus/malware.
62. fitpage do not process any refund after payment, however you have an option to unsubscribe anytime and it will get into effect from the next cycle. This means that you will not be charged further from the next cycle.
63. Cancellation Policy does not provide refund of any kind.
64. fitpage does not have any exchange policy.
65. You expressly permit fitpage to charge upon entering the details for payment until the cancellation of the same.
66. fitpage shall not be responsible for any unauthorized transactions conducted on our platform using your payment card or internet banking. The platform shall not be obligated to refund any money to you in such instances.
67. fitpage will have no liability related for any user generated content including but not limited to any liabilities arising from Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user generated content.
68. We cannot guarantee our service to be safe and secure, also we don’t claim that our service will be available all times. We disown and disclaim all warranties, whether expressed or implied.
69. We don’t claim to control what people do or say on our platform, so we are not responsible for anyone’s conduct (covering unlawful and objectionable conduct), though we suggest you to take caution, be courteous and civil to each other.
70. You agree to the clause that we do not take any responsibility and you will not try and make us responsible for any loss of revenue, data, privacy or anything.
71. WITHOUT PREJUDICE TO THE PRESENT TERMS AND CONDITIONS, OUR TOTAL LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY SERVICES PROVIDED BY US TO YOU OR FOR OUR PERFORMANCE OR BREACH OF THESE TERMS AND CONDITIONS, SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE PRICE OF THE SERVICES FOR ONE CALENDAR MONTH THAT GIVES RISE TO THE CLAIM. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, REMOTE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING CLAIMS FOR LOST PROFITS OR SALES.

USAGE POLICY

72. You must comply with the Company’s relevant policies.
73. The Company grants you a revocable license to use the platform for the services it offers. The usage of license has to be strictly in accordance of The Company’s policies and practices.
74. You hereby agree not to indulge into conducts that may have a negative impact on the Company and people associated with it.
75. You shall only access this account in purely for personal purposes until you have been explicitly allowed by the Company to conduct a business or use the platform for professional purposes.
76. You will not try to access the privileged information of the Company by using unfair means, such as hacking programs and so on.
77. You agree to give honest feedback when the Company asks for the same.
78. Your information/content may be publicly visible to other users and the Company abstains itself if in any case liabilities arise due to any type of content.
79. You must abstain from copying, refurbishing, distributing, reproducing anything on/from this Platform without the permission of the Company.
80. You must not upload files that contain viruses or may harm the platform or others who access it.
81. You must not try to breach the security and privacy of other user(s), you must not store the contents of other users or of the Company in a way that is not in consonance with law and ethics.
82. You agree to
    1. Access the platform for personal use only
    2. Use the platform for informational purposes, nothing mentioned should be taken as a professional advice.
    3. You must not remove the licenses, cookies, or other content downloaded from the platform
83. You must not infringe any Intellectual Property Rights or violate the legal rights or cause annoyance to others.
84. Rules of Conduct: you agree that you will not submit any content on the fitpage that:
    • is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
    • is bigoted, hateful, or racially or otherwise offensive;
    • is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
    • is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a content that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
    • is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
    • contains a virus or other harmful component, or otherwise tampers with, impairs or damages the fitpage or any connected network, or otherwise interferes with any person or entity's use or enjoyment of fitpage;
    • infringes or violates any right of a third party, including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
    • (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or is false or misleading.


We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any user content that violates these Terms of Use (including the Privacy Policy).

CONTENT POLICIES

85. fitpage abstains itself from any liability arising as a consequence of the content posted by you on the Platform, you are solely responsible for the content you post.
86. You have to adhere to the terms while uploading any content on the Platform, it should be in consonance with law, and also it should not interfere with anyone else’s right including Intellectual Property Rights and other Legal or Fundamental Rights under applicable jurisdiction.
87. The Company holds the right to remove the content that violates our policies and terms. Such conduct of yours may lead to temporary or permanent deletion of your account and may initiate legal action against you.
88. fitpage does not guarantee all the information available on its platform to be true, if you place a reliance over any content, it will be on your own risk. We make every effort to ensure the accuracy and science behind the content, however, it may have its own limitations and maybe subjected to any manual or technical error, any such error must not obligate the company to be responsible for any liabilities arising from the consequence whatsoever.
89. The content generated by fitpage are generic in nature and these may or may not be suitable for every age-group, body type, health conditions, eating habits and so on.
90. fitpage is not responsible for any kind of objectionable or improper Content available on its platform. The person who created or posted that content holds the responsibility for the same. We may not monitor all the contents that are posted in the Platform. It shall be your duty to report any Content that you find objectionable to you’re the best of your knowledge. You shall report the matter to fitpage in the first place by writing to customercare@fitpage.in
91. We own the content of our exclusive writers (the ones who write exclusively for fitpage). We may further distribute the content at own discretion and the writer grants us all the rights exclusively and explicitly.
92. As far as you as the user, subscriber who share their content is considered, what is yours will remain your(s), we don’t want the creator to feel unjust. You retain the rights to any content you provide to fitpage.
93. By providing the Company with the content, you grant us a worldwide, non-exclusive, royalty-free license (along with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content in any or all media or other platforms, developed, developing or to-be developed. In other words this license allows us to let the world know about your content and to let others do the same. The Company will not be liable to pay any compensation to you for sharing your content anywhere or with anyone. You can end this license anytime by deleting the content or by writing to us and we will delete it within a reasonable time.
94. You are responsible for the losses that arise as a consequence of your content and fitpage is not liable for it.
95. By posting the content you represent that you have all the rights in respect to the content that you provide and that the content does not infringe any kind of IPRs, in case of any liability arising you will be solely responsible for the consequences and actions.
96. If by your actions the company incurs any kind of loss, you are liable to compensate us with whatever the Company deems fit.

INTELLECTUAL PROPERTY RIGHTS

97. The platform is owned and controlled by Saransh Ventures Private Limited and the design, structure, coordination, look and feel and arrangement of such content is protected by Intellectual Property Rights.
98. The trademarks, logos and service marks displayed are the property of the Company. You are not permitted to use them without the permission of the company
99. The platform is for your personal use, unless specifically approved by fitpage for business spheres.
100. You shall not reproduce, duplicate, distribute, modify, publicly display, download or store or transmit any of the material on fitpage except;
     1. Cached data
     2. Temporary copies stored in RAM
     3. Print or download permissible things
101. You shall not share screenshots on social media or any other platform without the consent of the company.
102. Since, we provide social media features, then you may take actions as are enabled by such features. You are expected to share only the pages or contents that fitpage allows to be shared. You must not share anyone else’s data on other social media platforms, you are hereby advised to respect the privacy of other user(s), if fitpage finds you violating any of the legal or ethical modes of conduct, you shall be liable to face the actions that fitpage may deem fit, also such a conduct could initiate legal actions.

INDEMNIFICATION

103. You agree to indemnify, defend and hold the company harmless against any and all losses, liabilities, claims, damages, costs and expenses (legal expenses are also included, if any) incurred by the indemnities that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use.
104. Under no circumstance, the Company shall incur damage or loss due to your conduct.

VIOLATION OF THE TERMS

105. You agree that the violation of the above-mentioned terms of use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the company, for which monetary damages will be inadequate and relief is necessary under such conditions.
106. If the company finds you violating any term, it can take a legal action against you, and also, the company will be entitled to recover from you any damage arising out of your conduct or whatever the company deems fit. You agree to pay the entire legal fee and incorporated costs, in addition to other charges that can be incurred. Additionally, you may be asked to compensate the Company for reasons that are not mentioned.
107. The terms of use will continue to apply until terminated either by you or by fitpage. If you object to or you are dissatisfied with the terms of use, you can
     1. Close your account on fitpage, or
     2. Stop accessing fitpage
108. The company may delist you or block you from accessing the Platform in future or initiate a legal action against you.
109. If you or the company terminates or suspends your use of the platform, the company may delete any content or other materials relating to your use of the platform services and the company shall have no liability to you or any third party for doing so. However, your transactions details may be preserved by the company for purposes of tax or regulatory compliance.
110. You shall be liable to pay for any service that you have ordered till the time of termination.


N.B. The Company can anytime suspend/terminate/block your account or can initiate legal action against you if you are found violating the terms.

REPORT ABUSE AND GRIEVANCE REDRESSAL

111. If you come across any abuse or violation of these terms on fitpage or if you wish to report any grievance regarding fitpage, kindly drop a mail regarding the same to customercare@fitpage.in with the subject 'VIOLATION OF TERMS OF USE'

COMMUNICATION

112. You will be informed about services by way of SMS, push notifications and/or emails from fitpage. You can unsubscribe or opt-out from receiving future SMS and emails anytime.
113. You may contact us through our platform.

IP INFRINGEMENT

114. If you believe that fitpage violates your intellectual property, you must notify us on customercare@fitpage.in. The notices should only be submitted on behalf of the owner of IP either by the owner himself/herself or by an authorized agent. You are required to provide the following details:
     1. The IP you believe is infringed
     2. The item that you think is infringing your IP
     3. A statement that you believe in good faith that the item you have identified as infringing is not authorized by IP owner
     4. Your contact details with your permanent address
     5. A statement that information provided by you is accurate and you are the owner or an authorized agent , and
     6. Your physical or electronic signature

We aim to provide the best possible service to our customers, and we expect our customers to strictly adhere to the clauses mentioned in Terms of Use and other Policies.

DISPUTE REDRESSAL

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