- Platform Services
- 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 (“Fitness Services”);
- Purchase eat.fit food items (“Food Products”);
- (i) Purchase food items and original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands, (“Diverse Products”) (ii) Book and avail doctor’s appointments for physical consultations as well as tele-consultations and diagnostic services provided by Healthface Private Limited (“Care.fit”), for which the appointments can be booked and medical records, lab reports etc. can be accessed using the Platform (“Diverse Services”) (collectively referred to as “Diverse Offerings”).
The aforementioned Fitness Services, Food Products and Diverse Offerings shall be collectively referred to as “Platform Services” and shall be provided by various vendors specified herein below and third parties 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.
- 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 Vendors 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 (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.
- 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 centres.
- 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 (as applicable).
- 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 firstname.lastname@example.org.
- 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 Care.fit’s website[a].
- 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 email@example.com, 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.
- 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 (“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.
- Payment Services
- 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 instances.
- Use of Platform
- 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.
- 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 sites;
- collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.
- 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;
- 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 following conditions:
- 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 the Platform.
- 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 “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.
- 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:
- 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 knowledge.
- 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
- 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.
- Suspension and Termination
- 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 to You.
- 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
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.
- General Provisions
- 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 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 Your notice:
- 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.
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