Last updated on
10th June 2018
”) mandate the terms on which the users (“
” or “
” or “
” or “
”) access and register on the website ‘Cure.fit’ and mobile application ‘Cure.fit’
(collectively referred to as the
), operated by Diverse Retail Private Limited (hereinafter referred to as
“We” or “Our” or “Us” or “Company
”), and the Platform Services (
as defined below
) provided through the Platform.
any material, information or Platform Services through the Platform. Your use of the Platform or the Platform
bound by the same.
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:
Purchase and avail
cult.fit physical and mental fitness centre memberships / classes and allied services (“
Purchase eat.fit food items (“
(i) Purchase food items and
original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands
Book and avail doctor’s appointments for physical consultations as well as tele-consultations and diagnostic
services provided by Healthface Private Limited (“
, for which the appointments can be booked and medical records, lab reports etc. can be accessed using the Platform
(collectively referred to as “
The aforementioned Fitness Services, Food Products and Diverse Offerings
shall be collectively referred to as
” and shall be provided by various vendors specified herein below and third parties with whom the Company or
respective vendor has contractual arrangements (“
”). 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.
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
do not guarantee that the charges will be the lowest in the city, region or geography
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 (
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.
The Platform Services shall be additionally governed by specific terms and policies (
payment terms, cancellation policy, exchange policy, return policy, etc.
) which are briefly mentioned below.
CultFit Healthcare Private Limited (“CultFit”) provides a number of offline and online Fitness Services,
including physical fitness, booking of its facilities and sports related training activities. Additionally,
CultFit also provides services which includes activities such as mindful yoga, psychotherapy and meditation
related training activities, under the brand name ‘Mind.Fit’.
While minors, people below the age of 18 (eighteen) years, are not allowed to purchase and avail Fitness Services,
in the event that a minor is to use the Fitness Service, he / she is permitted only after due consent of
parent or a guardian for the sign up / purchase of a membership / booking of a class (including free of cost
classes) or activity, 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 CultFit. In this regard, the parent or guardian of
such minor agrees to indemnify, defend and hold harmless CultFit 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 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;
CultFit hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Fitness
Services provided by it. Further, CultFit makes no representation that Fitness Services provided by it are
appropriate or safe for use;
Cult.fit / Mind.fit memberships / classes / activity bookings bought by You are non-transferrable and non-refundable;
If CultFit or its business partner(s) run any offers or discounts subsequent to Your purchase, neither CultFit
nor its business partner(s) are obliged to offer You the benefits under such subsequent offers, however CultFit
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, discount and sales schemes/ campaigns;
You agree to abide by Fair Usage Policy mentioned below
Under unlimited classes memberships, You can book and attend unlimited classes at Your primary / home fitness
centre chosen by You at the time of buying the membership, unless specifically restricted by the terms and
conditions of such membership. However, CultFit reserves the right to penalize you or suspend / terminate
Your membership in case of misuse of unlimited classes at centres which are not Your primary / home fitness
Under the membership, You can cancel the classes booked by You at Cult.fit fitness centres for availing Fitness
Services. However, CultFit 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.
Your membership is non-transferrable, however 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 (
You agree to abide by the fitness center’s
Code of Conduct / House Rules.
Cultfit may review Your usage of the Fitness Services that violates the Code of Conduct or House Rules, and suspend
or terminate Your membership at any time for any reason in Cultfit’s 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
for the above purposes, then upon receiving such complaint Cultfit reserve the right to terminate the account
/ User’s membership in question. CultFit also reserve the right to initiate legal action against You.
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 purchase of food packs / single meals on Platform.
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.
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.
In case your order has been delayed beyond the delivery timeline or the same is not upto Your expectations, please
share Your complaint at email@example.com.
CureFoods hereby disclaims any guarantees of exactness as to the taste, finish, appearance, size, color etc.,
of the Food Product as ordered by You.
Company retails various multi-brand Diverse Products, which includes food items and merchandise etc. on the Platform.
Return, exchange, cancellation and fulfilment of Diverse Products shall be as per the FAQs available on the Platform.
You have provided Your consent to Care.fit to share all
health and other medical records provided by You to Care.fit and/or registered medical practitioners and third
parties engaged by Care.fit with the Company.
You can create a sub-account for family members and friends for availing Diverse Services, subject to the conditions
specified by Care.fit.
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. Care.Fit also reserves the right to cancel or reschedule appointments.
In the event of permitted / Care.Fit cancellations, refunds shall be made within 7-8 days’ from the
date of such cancellation.
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.
All the terms and conditions in relation to the services provided by Care.fit have been detailed on
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.
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 firstname.lastname@example.org,
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.
Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions
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.
Platform, will constitute Your consent and acceptance of those changes.
Eligibility to Use
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. However, a minor may avail the Platform Service(s) after obtaining due consent of a parent /
legal guardian, in such format as may be provided by the Company.
The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate
access granted to existing Users at any time without according any reasons for doing so.
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
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
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.
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 Platform Services is expressly prohibited.
All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent
that the Company may use certain third-party vendors and service providers, including payment gateways, to
process payments and manage payment card information.
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 (“
”) 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
edit the Payment Details You have provided from time to time through the Platform.
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.
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.
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
Use of Platform
and use this Platform and the Platform Services. You agree to use the Platform Services, Platform and the
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.
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, documents or information through any means
not specifically made available through the Platform.
You acknowledge and agree that by accessing or using the Platform or Platform 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.
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
Further, You undertake not to:
defame, abuse, harass, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information
copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without
obtaining the necessary authorization from the Company;
conduct or forward surveys, contests, pyramid schemes or chain letters
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;
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;
engage in any activity that interferes with or disrupts access to the Platform or the Platform Services (or the
servers and networks which are connected to the Platform);
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;
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 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;
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
collect or store data about other Users in connection with the prohibited conduct and activities set forth in
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;
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;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels
of the origin or source of software or other material contained in a file that is uploaded;
violate any applicable laws or regulations for the time being in force within or outside India or anyone’s
right to privacy or personality;
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.
Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable (upon notice
from the Company), non-transferable access to view any content available on the Platform, subject to the
You may access the content solely for personal, informational, and internal purposes, in accordance with the
You may not modify or alter the content available on the Platform;
You may not distribute or sell, rent, lease, license or otherwise make any content on the Platform available
to others; and
You may not remove any text, copyright or other proprietary notices contained in the content downloaded from
Intellectual Property Rights
The Platform and the processes, and their selection and arrangement, including but not limited to, all text,
videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code
(and any combinations thereof) (collectively, the “
”) on the Platform is owned and controlled by the Company 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.
The trademarks, logos and service marks displayed on the Platform (“
”) are the property of the Company or Vendors 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:
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 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 will meet Your expectations;
or (iv) any errors or defects in the Platform or Platform Services 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
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.
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
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 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
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
”) 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
made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform
Services, any misrepresentation with respect to the data or information provided by You, Your violation of
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.
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
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
Your Account on the Platform; and/or (ii) stop accessing the Platform.
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
to terminate them.
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.
You shall be liable to pay for any Platform Services that you have already ordered till the time of termination
by either party whatsoever.
The Company shall have the right to cease/terminate the relationship immediately. If the Company unilaterally
terminates Your account without any reason, then the applicable amount or cash back (if any) shall be refunded
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
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: email@example.com.
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 firstname.lastname@example.org. However, this may limit
the extent of Platform Services that you can avail.
: All notices from the Company will be served by email to Your registered email address or by general notification
without the requirement of seeking Your consent.
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.
shall not constitute a waiver by the Company of that provision or right.
If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly
notify the Company in writing at email@example.com. 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
the intellectual property that You believe is being infringed;
the item that You think is infringing and include sufficient information about where the material is located
on the Platform;
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;
Your contact details, such as Your address, telephone number, and/or email;
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
Your physical or electronic signature.
Copyright © All rights reserved.