TERMS OF USE

 

These terms of use (“Terms of Use”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and register on the ‘Cure.fit’ website, m-web and mobile application (collectively referred to as the “Platform”), operated by Diverse Retails Private Limited (hereinafter referred to as “We” or “Our” or “Us” or “Company”), and the Platform Services (as defined below), provided through the Platform.

 

If you reside in or use / access the Platform in United Arab Emirates, Terms of Use for UAE region, as published immediately below this Terms of Use, shall apply.

 

Please read the Terms of Use and Privacy Policy carefully before using or registering on the Platform or accessing any material, information or Platform Services through the Platform. Your use of the Platform (even when You do not avail of any services provided on the Platform) or actual usage of the Platform Services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.

Platform Services

1.     You acknowledge that the Platform is a web service that allows You to avail services / buy products directly from the Company as well as from various vendors. Some of the services and products available on the Platform are listed below:

a)     Purchase cult.fit and mind.fit physical and mental fitness centre memberships / classes and allied services (“Fitness Services”);

b)     Facilitate the purchase of and access to various services offered by third-party fitness centre, gym, studio membership / classes (“Third-Party Service Provider”) and allied products and services (collectively, “GymFit Services”);

c)     Purchase eat.fit food items (“Food Products”);

d)     Purchase doctor’s and lifestyle & nutrition coach’s appointments for physical consultations as well as tele-consultations and diagnostic services (“Care.fit Services”);

e)     Purchase food items and original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (“Diverse Products”);

f)      (i) Booking appointments / sessions of Fitness Services, GymFit Services and Care.fit Services; and (ii) communicating instructions for delivery of Food Products and Diverse Products (“Diverse Booking Services”);

g)     Procurement and / or generation, reproduction on the Platform, sharing with relevant Vendors (defined below) for You, if applicable, and communication to You of (i) Your indicative usage and / or consumption data of Fitness Services, GymFit Services, Food Products, Care.fit Services and Diverse Products; and (ii) any documents or data generated from Your purchase and / or usage and / or consumption of aforementioned products and / or services, separately as well as jointly with other products and / or services listed on the Platform, including transaction summaries, invoices, reports, scores, achievements, access to photos, medical records, lab reports etc. (“Other Diverse Services”).

Diverse Products, Diverse Booking Services and Other Diverse Services shall be collectively referred to as “Diverse Offerings”. Fitness Services, Food Products, GymFit Services, Care.fit Services and Diverse Offerings shall be collectively referred to as “Platform Services” and shall be provided by various vendors, specified herein below and third parties including the Third Party Service Provider with whom the Company or respective vendor has contractual arrangements (“Vendors”). The Company shall facilitate the provision of the Platform Services and independently provide Diverse Offerings and provide such other services (including account creation and management, management of various products and services purchased / booked on the Platform, payment and transaction summary generation services etc.) to You by allowing You to register and access the Platform on the terms and conditions set forth below.

2.     The charges indicated on the Platform for the Platform Services will be as determined by the Company or respective Vendors, as the case may be, and is excluding taxes and other applicable charges as mentioned on the Platform. The charges and Platform Services may change at the Company’s or Vendors’ sole discretion and the Company and Vendors do not guarantee that the charges will be the lowest in the city, region or geography or if the products / services will be available for delivery / performance at all times.

3.     Any order/booking made for a Platform Service(s) through the Platform shall be, in addition to the terms mentioned herein, subject to additional terms and conditions by the Vendors (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned on Vendor’s respective website / mobile application, which You are presumed to have read and accepted at the time of placing the order/booking.

4.     The Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, exchange policy, return policy, etc.) which are briefly mentioned below.

Fitness Services:

1.     CultFit Healthcare Private Limited (“CultFit”) provides a number of offline and online Fitness Services, including mental and physical fitness, booking of its facilities, sports related training activities including swimming, mindful yoga, psychotherapy and meditation related training activities, under the brand names ‘Cult.Fit’ and ‘Mind.Fit’;

2.     In addition to the Fitness Services, the GymFit Services facilitate access to several fitness centre, gym, studio, training centres, etc, under the brand name ‘Gym.Fit’. You acknowledge and agree that access to Gym.Fit Services are facilitated through Vendor(s) and the Platform does not have any control over the services, operations or management of the fitness centers listed under the GymFit and the Platform hereby disclaims any and all liability arising out of Your use of the GymFit Services.

3.         You will be eligible to use the Fitness Services and Gymfit Services only when You fulfil the following conditions: (a) You have attained at least 18 (eighteen) years of age; and (b) You are competent to enter into a contract under the applicable laws. If You reside in a jurisdiction that restricts the use of the Fitness Service and GymFit Services because of age, or restricts the ability to enter into contracts such as as these Terms of Use due to age, You must abide by such age limits.In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless CultFit, Platform, Vendors, and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by CultFit, Platform, Vendors and its business partner(s) 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 such individuals pursuant to these terms;

4.     CultFit/Platform hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Fitness Services and GymFit Services provided by it and/or Vendor respectively. Further, CultFit/Platform makes no representation that Fitness Services and GymFit Services provided by it and/or Vendor are appropriate or safe for use. You agree that the Fitness Services and GymFit Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that Your participation is voluntary and that You knowingly assume all such risks and hence hereby release Cultfit, Platform or Vendor of all liability arising out of such aforementioned risks;

5.     You confirm and agree that in addition to acceptance of these Terms of Use, Your use and/or booking of the GymFit Services signifies your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, communicated or displayed on the websites/centers of the Third-Party Service Provider. To the fullest extent permissible pursuant to applicable law, your use of the GymFit Services and your attendance at, participation in, purchase and/or use of the GymFit Services, is solely at your own risk and the Platform and/or Third-Party Service Provider does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the GymFit Services.

6.     If CultFit, Vendor or its business partner(s) run any offers or discounts subsequent to Your purchase, neither CultFit, Platform, Vendor nor its business partner(s) are obliged to offer You the benefits under such subsequent offers, however CultFit, Platform, Vendor or its business partner(s), as may be the case, may offer You benefits under subsequent offers at an additional fee. In addition to these terms, there are additional terms and conditions applicable on You under the specific offers, discounts and sales schemes/ campaigns;

7.     You agree to abide by Fair Usage Policy mentioned below:

a)     Under Fitness Services limited / select membership(s), You can only book, access and attend classes / sessions at Your primary / home centre, chosen by You at the time of buying Your membership(s) / session(s), and access to other centres / outdoor centres / activities / formats shall not be permitted. The number of classes / sessions permitted to be booked shall be as per the respective membership’s terms and conditions. Access to the classes / sessions shall be subject to the availability and shall be accessible on first come first serve basis. CultFit shall not entertain any requests for changing of Your primary / home centre to another centre.

b)     Under unlimited memberships, You shall be able to book and attend classes / sessions at centre(s), other than Your primary / home centre as well, however, Your access to certain Cult.Fit and Mind.Fit fitness centres may be restricted at the sole discretion of CultFit, even if You have managed to buy membership(s) / sessions, and / or book class(es) / session(s) e.g. for centres falling outside the city of your purchase, exclusive centres, etc. Access to the classes / sessions shall be subject to the availability and shall be accessible on first come first serve basis. However, CultFit reserves the right to penalize you or suspend / terminate Your membership in case of misuse of unlimited classes at centres that are not Your primary / home fitness centres.

c)     Under a GymFit membership, You shall be able to book and attend classes/sessions/activities offered by fitness centres listed under GymFit and avail such other services as available in the GymFit Services. Access to the classes/sessions/activities available under GymFit Services shall be subject to the availability of the said classes/sessions as offered by the Vendor(s) and shall be accessible on first come first serve basis. The number of classes / sessions permitted to be booked shall be as per the respective membership’s terms and conditions. However, Your access to certain  fitness centres listed on GymFit may be restricted at the sole discretion of Platform, even if You have managed to buy membership(s) / sessions, and / or book class(es) / session(s) e.g. for centres falling outside the city of your purchase, etc. Further, Platform reserves the right to penalize you or suspend / terminate Your membership in case of misuse of GymFit Services, or for reasons decided by Platform.

d)    Under the membership, You can cancel the classes booked by You at Cult.Fit, Mind.Fit and GymFit fitness centres. However, CultFit/Platform reserves the right to penalize You or suspend / terminate Your membership in case of excessive / delayed / last-minute cancellations. Under single class booking, not falling under memberships, delayed / last –minute cancellation may attract penalty.

e)     Under select and unlimited membership,  in case of You moving to another city where CultFit provides its services, CultFit may transfer Your membership against the receipt of price difference and any applicable service fee for the same or reduce the duration of your membership period (as applicable).

f)      Under the select and unlimited membership, in case You intend to transfer Your membership to another individual (“Transferee”), as approved and authorised by CultFit, in the same city or another city where CultFit provides its services, CultFit may agree to transfer Your membership to the Transferee against the receipt of price difference and any applicable service fee for the same or reduce the duration of your membership period (as applicable) or such other revisions as deem fit by CultFit. You understand and agree that only one-time transfer of a membership is permitted and once transferred to a Transferee, the membership becomes non-transferable. Further, You shall provide the contact number of the Transferee and the city where the Transferee will be using the membership. In order to use the membership, the Transferee shall be required to access the Platform and accepts and agrees to these Terms of Use.

g)     You agree to abide by the fitness center’s and GymFit Code of Conduct / House Rules.

8.      Cultfit/Platform and/or Vendor may review Your usage of the Fitness Services and GymFit Services that violates the Code of Conduct or House Rules, and suspend or terminate Your membership at any time for any reason in at their sole discretion with or without notice to You. If any complaint is received against a User to the effect he/she has used the Fitness Services and/or GymFit Services for the above purposes, then upon receiving such complaint Cultfit/Platform and/or Vendor reserve the right to terminate the account / User’s membership in question. CultFit/Platform and/or Vendor also reserve the right to initiate legal action against You.

 

9.      You have provided Your consent to Cult.fit/Platform to share Your health and other records, if any, with the Company, Third Party Service Providers or other service providers for providing services to you.

 

10.   Cultfit may, from time to time, offer Cult Junior Memberships, which shall have additional terms and conditions mentioned below:

a)     Cult Junior Membership(s) can be purchased and availed only by guardians for their children between the ages of 5 and 14 years, provided that the parent or guardian shall have duly executed a guardian consent form, in the format, as approved by Cultfit;

b)     Under Cult Junior Membership, you can only avail Cult Junior classes at select Cult centres. Further, you shall not have access to any other programs or facilities or centres not providing Cult Junior classes;

c)     The membership is non-transferable. If the membership is found to being used by any person other then who it was purchased for, the membership will be cancelled immediately, without refund of any fees.

 

11.   In case of mental fitness services, Your mental health service provider may be supervised by a senior mental health professional to ensure best care possible for You. Further, You agree that all information regarding Your counselling sessions (including all verbal and/or written exchanges) will be kept confidential, except if You indicate that You may be an imminent danger to Yourself or others.

 

12.   CultFit may offer You the opportunity to get Your photograph clicked (either single photo or in group with other users) during a class/session in fitness centres as decided by CultFit at its sole discretion (“Photos”). The Photos shall be clicked by the centre managers or any individual authorised by CultFit’s personnel and shall be accessed and used in the manner stated herein below:

 

a)     Access to the Photos: You may furnish the Photos from Your Account (defined below) on the Platform and may be allowed to tag Yourself in the Photos. We grant You a revocable, limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the Photo according to this Terms of Use. You acknowledge that the Photos shall be accessible to the Users who have attended the said session/class. The said users may be allowed to download or take a screenshot of the Photos. In the event, You choose to tag Yourself in the Photos, Your username shall be visible/accessible to other users and attendees of the session. The Photos may also be seen, accessed, or downloaded through third-party services such as search engines, APIs, websites and other services. CultFit/Company disclaims any and all liabilities with respect to the misuse, loss, modification, unavailability of the Photos available on the Platform.

 

b)         Permission to use Photos: You hereby acknowledge and agree that CultFit exclusively owns all the intellectual property rights including copyright and other related rights in the Photos. You hereby grant CultFit an exclusive, transferable, royalty free, right to copy, irrevocable and worldwide licence to use, copy, host, distribute, store, copy, share modify, perform, create derivative works and publicly display the Photos on public forum including on social media platform at its sole discretion. CultFit reserves all the right, tittle and interest not expressly granted to the fullest extent possible under applicable laws. Unless stated otherwise, all Photos are believed to be in the public domain as either promotional materials or publicity photos as CultFit may determine at its sole discretion.

 

c)         Prohibited Use: You agree that you will not: (i) use the Photo for any illegal purpose, and any illegal manner, (ii) edit, change, prepare any derivative work of or alter in any way any of the Photo provided on the Platform; or (iii) use the Photo in any way that violates the terms of this Terms of use or applicable laws.

Food Products:

1.     CureFoods Private Limited (“CureFoods”) retailers Food Products, i.e. food and beverage items prepared by it under ‘eat.fit’ brand name and the same can be bought by its customers through various channels of sale, including the purchase of food packs / single meals on Platform.

2.     Your single meals under Your food packs shall be delivered to You as per the information provided by You to CureFoods or Company. Information provided by You shall include Your contact details, food items selected for purchase, delivery address, time slot etc. Subject to delivery service availability at Your location, availability of Food Product(s) and modification cut-off timings, You may (i) change Your delivery address and/or time slot for Your order delivery; (ii) change Your respective day’s single meal under the food pack; and (iii) pause the food pack, subject to maximum validity and number of pauses available.

3.     Although the Platform provides a delivery time for Food Products, however the same is merely an estimate and the actual delivery time may vary. Actual delivery time is subject to weather and traffic conditions, delivery address distance from CureFoods kitchen etc.

4.     In case your order has been delayed beyond the delivery timeline or the same is not upto Your expectations, please share Your complaint at hello@cure.fit.

5.     CureFoods hereby disclaims any guarantees of exactness as to the taste, finish, appearance, size, color etc., of the Food Product as ordered by You.

Diverse Offerings:

 

Diverse Products:

1.     Company retails various multi-brand Diverse Products, which includes food items and merchandise etc. on the Platform. Diverse hereby disclaims any guarantees of exactness as to the taste, finish, appearance, size, color etc., of the Diverse Products as ordered by You.

2.     Return, exchange, cancellation and fulfilment of Diverse Products shall be as per the FAQs available on the Platform.

Diverse Booking Services and Other Diverse Services:

1.      In order to avail Other Diverse Services, You agree to having provided Your consent to Cult.fit and Care.fit to share all health and other medical records provided by You to Cult.fit and Care.fit and/or registered medical practitioners and third parties engaged by Cult.fit and Care.fit with the Company.

2.      You can create a sub-account for family members and friends for availing Diverse Booking Services, subject to the conditions specified by Care.fit.  

3.      You may cancel or reschedule appointments using the Platform, subject to permitted cancellation & rescheduling timelines and availability of a timeslot/registered medical practitioner of appointment. Cult.Fit and Care.Fit also reserve the right to cancel or reschedule appointments.

4.      Care.fit shall not be liable for any inconvenience or loss caused to You as a result of such rescheduling, cancellation and delay in performance or failure to meet its obligations except for the reasons expressly specified.

5.      All the terms and conditions in relation to the services provided by Care.fit have been detailed on Care.fit’s website.

6.      As part of the Platform Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required by the Company.

7.      In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the customer service of the Company, prior to pursuing any other recourse. The complaints can be lodged at hello@cure.fit, and upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Company on the complaints shall be final and You agree to be bound by the same.

Acceptance of Terms of Use

1.     Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by the Company at its sole discretion and posted on the Platform. By (i) using this Platform or any Platform Services in any way; or (ii) merely browsing the Platform, You agree that You have read, understood and agreed to be bound by these Terms of Use available at cure.fit website and mobile app.

 

2.     The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. It shall be Your responsibility to check this Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes to this Terms of Use on the Platform, will constitute Your consent and acceptance of those changes.

Eligibility to Use

1.     The Platform Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Platform Services under the applicable laws.

 

2.     The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.

 

3.     You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

User Account, Password, and Security

1.     In order to avail the Platform Services (as defined hereinafter) on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”).

2.     You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

3.     You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company 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. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

4.     Use of another User’s Account information for availing the Platform Services is expressly prohibited.  

Payment Services

1.     All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.  

2.     In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy .You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.  

3.     The payment receipt for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by the Company, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Company collects payment on behalf of the respective Vendor, and eventually settles the same.

4.     Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, 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 (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction.

Refund Policy

1.     Fitness Services – Any Cult.fit / Mind.fit memberships / sessions / classes / activity bookings bought by You are non-refundable, non-exchangable, and non-saleable..

2.     GymFit Services - Any GymFit memberships / sessions / classes / activity bookings bought by You are non-refundable, non-exchangable, non-saleable and non-transferrable.

3.     Food Products – You can request for cancellation / pausing of Food Product orders with scheduled deliveries and request for refund / adjustment in future orders against the same. However, acceptance of cancellation / pause requests shall be at the sellers’ / Company’s discretion and dependent on the cancellation cut-off time and the quantity of Food Products ordered by You. There shall be no refunds for on-demand Food Product orders.

4.     CareFit Services - In the event of permitted / Care.Fit cancellations, refunds shall be made within 7-8 days’ from the date of such cancellation to the original source of your payment.

5.     Diverse Products – Please refer to FAQs available on the Platform for requesting refunds in case of Diverse Products.

6.     The Company and / or relevant service provider(s) / vendor shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.

7.     With regards to payments, the Platform shall not be responsible for any unauthorised 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.  

Use of Platform

1.     Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, revocable, limited privilege to access and use this Platform and the Platform Services. You agree to use the Platform Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Platform Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company/other Users.

2.     You agree not to access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by the Company. 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 Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform.

3.         You acknowledge and agree that by accessing or using the Platform or Platform Services or Content, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.

4.         If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms of Use.

5.     Further, You undertake not to:  

a)     defame, abuse, harass, threaten or otherwise violate the legal rights of others;

b)     publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

c)     copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company;

d)    conduct or forward surveys, contests, pyramid schemes or chain letters;

e)     upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

f)      upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide you undue advantage or benefit in purchasing goods / availing services;

g)     engage in any activity that interferes with or disrupts access to the Platform or the Platform Services or the Content (or the servers and networks which are connected to the Platform);

h)     attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Platform Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;

i)      probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Content, Platform or Platform Services or information made available or offered by or through the Platform, 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 on the Platform;

j)      disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

k)     collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.

l)      use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

m)   use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

n)     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;

o)     violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

p)    violate the Terms of Use contained herein or elsewhere; and

q)     reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

6.     Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any Content available on the Platform, subject to the following conditions:

a)     You may access the Content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;

b)     You may not modify or alter the Content available on the Platform;

c)     You may not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and

d)    You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.

Intellectual Property Rights

1.     The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Company and / 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.

2.     The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and / or Vendors and / or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company, or the Vendors, or the third party that may own the Marks.

Disclaimer of Warranties & Liability

 

You expressly understand and agree that, to the maximum extent permitted by applicable law:

1.     the Platform, Platform Services and other Content are provided by the Company 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, the Company makes no warranty that (i) the Platform or the Platform Services or the Content will meet Your requirements or Your use of the Platform or the Platform Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, or Platform Services will be effective, accurate or reliable; (iii) the quality of the Platform or Platform Services or Content will meet Your expectations; or (iv) any errors or defects in the Platform or Platform Services or Content will be corrected. No advice or information, whether oral or written, obtained by You from the company or through use of the Platform Services shall create any warranty not expressly stated in the Terms of Use.

2.     the Company will have no liability related to any user Content arising under 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 Content.

3.     the Company 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 Platform or Platform Services, either with or without your knowledge.

4.     the Company has endeavored to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Platform Services. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material or data or Content downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

 

Indemnification and Limitation of Liability

1.     You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and Vendors on the Platform (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees 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. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services or Content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

2.     In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

 

3.     In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms of User or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged from You.

 

4.     If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of the Company shall be the minimum permitted under applicable law.

Violation of the Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/or Vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company and/or Vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or Vendors obtaining may have at law or in equity. If the Company and/or Vendors takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

 

Suspension and Termination

1.       The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.

2.       The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.

3.       If You or the Company terminate 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.

4.       You shall be liable to pay for any Platform Services that you have already ordered till the time of termination by either party whatsoever.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.

Report Abuse and Grievance Redressal

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 Platform or if You wish to report a grievance regarding Platform or Platform Services, please report the same to the following e-mail id: hello@cure.fit.

Communications

You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company, Vendors and other third parties relating to the Platform Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to hello@cure.fit. However, this may limit the extent of Platform Services that you can avail.

General Provisions

Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to hello@cure.fit with subject line - Attention: TERMS OF USE.

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any 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 Terms of Use shall continue in full force and effect.

Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

IP Infringement

If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly notify the Company in writing at hello@cure.fit. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

a)     the intellectual property that You believe is being infringed;

b)     the item that You think is infringing and include sufficient information about where the material is located on the Platform;

c)     a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

d)     Your contact details, such as Your address, telephone number, and/or email;

e)     a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

f)      Your physical or electronic signature.

Copyright © All rights reserved.

 

 

 

TERMS OF USE (for United Arab Emirates)

 

Your access to and use of CureFit mobile application, and related website and m-web (collectively the “Platform”) in United Arab Emirates is subject to the following terms of use (read in conjunction with

the documents referred to on it) (“Terms”).

 

In these Terms, references to “you”, “User”, “Your” shall mean the end user/shopper/customer accessing the Platform, its contents and using the Services offered through the Platform. “We”, ”Us”, ”Our” and “CureFit” shall mean CureFit Fitness LLC and its affiliates.

1.           Acceptance of Terms

 

a.     Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by the Company at its sole discretion, from time to time, and posted on the Platform. By (i) using this Platform or any Services (as defined hereinafter) in any way; or (ii) merely browsing the Platform, You agree that You have read, understood and agreed to be bound by these Terms;  and

b.     The Company retains an unconditional right to modify or amend this Terms without any requirement to notify You of the same. It shall be Your responsibility to check this Terms periodically for changes. Your continued use of the Platform following the posting of changes to this Terms on the Platform, will constitute Your consent and acceptance of those changes.

 

2.           Eligibility to Use

 

a.     The Services are not available to minors or to any Users suspended or removed by the Company for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the applicable laws;

b.     The Company reserves the right to refuse access to the Platform or Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so; and

c.      You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform. Any purchase of the Membership(s) made through Your Account shall solely be Your responsibility.

 

3.       User Account, Password, and Security

 

a.       In order to avail the Services (as defined hereinafter) on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”);

b.       You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You; and

c.       You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company 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. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for availing the Services is expressly prohibited.

 

4.     Services

We provide a number of Internet-based services through the Platform (all such services, collectively, the “Service(s)”). One such Service enables Users to purchase, enrol for and avail ‘Cult’ / ‘CultFit’ fitness centre memberships (the “Membership(s)”). The Membership(s) can be purchased through the Platform through various methods of payments offered. The sale/purchase of Membership(s), in addition to Section 5 of these Terms, shall be additionally governed by specific policies of sale, like cancellation policy, refund policy etc. (which are found on the FAQ tab[AA1]  in the Platform). In addition, these Terms may be further supplemented by Membership / offer specific conditions, which may be displayed with the Membership / offer.

5.         Membership Services Terms

 

a.     While minors are not allowed to purchase and avail Membership(s), in the event that a minor is to use the Membership(s), he / she may be permitted by CureFit at its sole discretion, provided that the parent or a guardian on behalf of such minor shall have duly executed a guardian consent form, in the format, as approved by CureFit, for the minor to sign up / purchase membership(s) / sessions / book a class (including free of cost classes) or any activity (including free of cost activities). In this regard, the parent or guardian of such minor agrees to indemnify, defend and hold harmless CureFit and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by CureFit and its business partner(s) 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;

b.     We hereby disclaim any guarantees of exactness as to the duration, type, satisfaction from the Membership(s) Services provided by it. Further, we make no representation that Membership(s) Services provided by us are appropriate or safe for use. You agree that the Membership(s) Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that Your participation is voluntary and that You knowingly assume all such risks and hence hereby release Curefit, and its officers, employees, affiliates of all liability arising out of such aforementioned risks;

c.      You agree to abide by Fair Usage Policy mentioned below:

                                               i.         Under Membership(s) Services limited / select membership(s), You can only book, access and attend classes / sessions at Your primary / home centre, chosen by You at the time of buying Your membership(s) / session(s), and access to other centres / activities / formats shall not be permitted. The number of classes / sessions permitted to be booked shall be as per the respective membership’s terms and conditions. We shall not entertain any requests for changing of Your primary / home centre to another centre.

                                              ii.         Under unlimited memberships, You shall be able to book and attend classes / sessions at centre(s), other than Your primary / home centre as well, however, Your access to certain fitness centres may be restricted at our sole discretion, even if You have managed to buy membership(s) / sessions, and / or book class(es) / session(s) e.g. for centres falling outside the city of your purchase, exclusive centres, etc. However, we reserve the right to penalize you or suspend / terminate Your membership in case of misuse of unlimited classes at centres that are not Your primary / home fitness centres.

                                            iii.         Under the membership, You can cancel the classes booked by You at the appropriate fitness centre. However, we reserve the right to penalize You or suspend / terminate Your membership in case of excessive / delayed / last-minute cancellations. Under single class booking, not falling under memberships, delayed / last –minute cancellation may attract penalty.

                                            iv.         Your membership is non-transferrable, however in case of You moving to another city where we provide Membership services, we may transfer Your membership against the receipt of price difference and any applicable service fee for the same or reduce the duration of your membership period (as applicable).

                                              v.         You agree to abide by the fitness center’s Code of Conduct / House Rules, as may be applicable.

d.     We may review Your usage of the fitness centre(s) / Membership(s) that violates the Code of Conduct or House Rules, and suspend or terminate Your membership at any time for any reason in our sole discretion with or without notice to You. If any complaint is received against a User to the effect he/she has used the fitness centre(s) / Membership(s) for the above purposes, then upon receiving such complaint we reserve the right to terminate the account / User’s membership in question. We also reserve the right to initiate legal action against You.

e.      You have provided Your consent to us to share Your health and other records, if any, with us or other service providers for providing services to you.

 

6.         Privacy Policy

 

We have developed our privacy policy (the “Privacy Policy”) to protect Your personal/ financial information and keep it confidential. By visiting Our Platform, you are accepting and consenting to the practices described in Our privacy policy.

 

7.         Use of Platform, User Conduct and Rules

 

a.     Subject to compliance with the Terms, the Company grants You a non-exclusive, revocable, limited privilege to access and use this Platform and avail the Services. You agree to use the Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms; (b) for purposes for which the Services are intended to be used; and (c) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company/other Users;

b.     You agree not to access (or attempt to access) the Platform and the materials or Services by any means other than through the interface that is provided by the Company. 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 Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform;

c.      As part of the Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Service, if required by the Company;

d.     In case of any dissatisfaction with the Services, You shall first file a formal complaint with the customer service of the Company, prior to pursuing any other recourse. Upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Company on the complaints shall be final and You agree to be bound by the same;

e.      You acknowledge and agree that by accessing or using the Platform or Services, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform;

f.      If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms;

g.     Further, You undertake not to:

                                               i.         defame, abuse, harass, threaten or otherwise violate the legal rights of others;

                                              ii.         publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

                                            iii.         copy, republish, post, display, translate, transmit, reproduce or distribute any s through any medium without obtaining the necessary authorization from the Company;

                                            iv.         conduct or forward surveys, contests, pyramid schemes or chain letters;

                                              v.         upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

                                            vi.         upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide you undue advantage or benefit in purchasing goods / availing services;

                                           vii.         engage in any activity that interferes with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform);

                                         viii.     attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;

                                            ix.         probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or Services or information made available or offered by or through the Platform, 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 on the Platform;

                                              x.         disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

                                            xi.         collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;

                                           xii.         use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

                                          xiii.     use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

                                          xiv.         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;

                                           xv.         violate any applicable laws or regulations for the time being in force within or outside UAE or anyone’s right to privacy or personality;

                                          xvi.         violate the Terms contained herein or elsewhere; and

                                        xvii.     reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform; and

h.     Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any content available on the Platform, subject to the following conditions:

                                               i.         You may access the content solely for personal, informational, and internal purposes, in accordance with the Terms;

                                              ii.         You may not modify or alter the content available on the Platform;

                                            iii.         You may not distribute or sell, rent, lease, license or otherwise make any content on the Platform available to others; and

                                            iv.         You may not remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.

 

8.     Payment Terms and Conditions

 

a.     All payments in respect of the Membership(s) shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information;

b.         In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform;

c.          The payment receipt/transaction summary for completion of a transaction shall be provided by the Company and be made available on the Platform and also sent to your registered email address;

d.         With regards to payments, We shall not be responsible for any unauthorised transactions conducted on our Platform using Your Payment Details. The Platform shall not be obligated to refund any money to You in such instances; and

e.          Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, 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 (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

 

9.         Suitability Not Guaranteed; Cancellation / Refund Policy

Platform hereby disclaims any guarantees of suitability as to fulfilment of any specific purpose by the Membership(s). Our cancellation / refund policy offers You the option to cancel and request for refund, if any, against Membership(s) purchased on the Platform. We shall not be liable for any inconvenience or loss caused to You as a result of any delay in availing the Membership(s) / services thereunder.

 

10.   Pricing

 

Platform enables You to purchase Membership(s) listed on the Platform at the price indicated therein at any time. However, Our Platform does not guarantee that the price will be the lowest in the city, region or geography. In the event that a Membership is listed at an incorrect price or with incomplete information due to an error in pricing or information, We may cancel the Order. The pricing is subject to Our pricing policy and the prices shall be determined by us.

 

Also, We may in Our sole discretion cancel Your order and notify You of such cancellation. If We have to cancel an order after we have received the payment, the said amount will be refunded.

 

11.   Special Offers/ Discount or Sale Campaigns

 

If We run any offers and/or discounts subsequent to Your purchase, We are not obliged to offer You the benefits under such subsequent offers, however We may offer You benefits under subsequent offers if You opt for purchase of Membership(s) at the time of such subsequent offers being live on the Platform. In addition to these Terms, there are additional terms and conditions applicable on You under the specific offers, discount and sales schemes/ campaigns which are offered by Us from time to time.

 

12.   Intellectual Property Rights

 

a.         The Platform and the processes, and their selection and arrangement, including but not limited to, all text, Photos, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Company and / 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;

b.         The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and / or its vendors and / or its licensors, as the case may be. You are not permitted to use the Marks without the prior consent of the Company or its licensors or the Vendors or any third party that may own the Marks; and

c.          If You believe the Platform or any of the Services violates Your intellectual property, You must promptly notify the Company in writing. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

                                               i.         the intellectual property that You believe is being infringed;

                                              ii.         the item that You think is infringing and include sufficient information about where the material is located on the Platform;

                                            iii.         a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

                                            iv.         Your contact details, such as Your address, telephone number, and/or email;

                                              v.         a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

                                            vi.         Your physical or electronic signature.

 

13.   Disclaimer of Warranties & Liability

 

You expressly understand and agree that, to the maximum extent permitted by applicable law:

 

a.     the Platform, Services and other Content are provided by the Company 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, the Company makes no warranty that (i) the Platform or the Services will meet Your requirements or Your use of the Platform or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, or Services will be effective, accurate or reliable; (iii) the quality of the Platform or Services will meet Your expectations; or (iv) any errors or defects in the Platform or Services will be corrected. No advice or information, whether oral or written, obtained by You from the Company or through use of the Services shall create any warranty not expressly stated in the Terms;

b.     the Company will have no liability related to any user Content arising under 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 Content;

c.      the Company 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 Platform or Services, either with or without your knowledge;

d.     the Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Services. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

 

14.   Indemnification and Limitation of Liability

 

a.     You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees, licensors and vendors (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees 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. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Services, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights; and

b.     In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

 

15.   Violation of the Terms

 

You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/or its licensors and / or its vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company and/or its licensors and / or its vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or its licensors and / or its vendors obtaining may have at law or in equity or in these Terms. If the Company and/or its licensors and / or its vendors takes any legal action against You as a result of Your violation of these Terms, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

 

16.   Suspension and Termination

a.     The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform;

b.     The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically or upon receipt of a genuine complaint from another user. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until the Company chooses to terminate them; and

c.      If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your use of the 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; and

d.     You shall be liable to pay for any Services/ Membership(s) that you have already ordered till the time of termination by either party whatsoever. In addition, We also reserve the right to initiate legal action against You.

 

17.   Governing Law

 

These terms shall be governed by and constructed in accordance with the laws of UAE without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Dubai.

 

18.   Report Abuse and Grievance Redressal

 

In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform or if You wish to report a grievance regarding Platform or Services, please report the same to the following e-mail id: hello@cure.fit.

 

19.   Communications

 

You hereby expressly agree to receive communications by way of SMS, PNs and/or e-mails from the Company, its licensors, vendors and other third parties relating to the Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to hello@cure.fit. However, this may limit the extent of Services that you can avail.

 

20.   General Provisions

 

a.         Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent;

b.         Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any 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 Terms shall continue in full force and effect;

c.          Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right;

 

 

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