FITNESSONE GROUP INDIA LTD
“TERMS OF USE:: PINK 360”
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APP
These terms of use (“Terms of Use”) stipulate the terms on which the users access and register on the ‘PINK 360’ APP, website, m-web and mobile application (collectively referred to as the “Platform”), developed and operated by FitnessOne Group India Ltd Pink Division, (hereinafter referred to as “FitnessOne Pink”) and the Services (as defined below) provided through the Platform.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder as may be applicable and various other provisions pertaining to electronic records as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature(s). Please read the Terms of Use and Privacy Policy (together hereinafter referred to as “Agreement”) carefully before using or registering on the Platform or accessing any material, information or Platform Services through the Platform.
By using this application PINK 360 APP (women only fitness app) developed by FitnessOne Pink on any computer, mobile phone, tablet, console or other device, the user signifies having read and understood and thereby unconditionally agrees to be bound by these Terms of Use under the Information Technology Act, 2000 and any other applicable laws in force. FitnessOne Pink reserves its rights to change these Terms of Use at any time without notice which become effective upon its posting to the App. The user’s continued use of the App shall be construed as an acceptance to the revised Terms of Use.
The use of the Pink 360 APP do not in any way alter the use of or the terms and conditions of any other written or other agreement(s) the user may have entered with FitnessOne Pink or its franchisees / associates. All agreements are agreements independent of each other, applicable to the respective terms of use.
Physical Activity Notice
The App shall promote fitness services that may include physical fitness and sports related activities. Hence, the user should consider the risks involved and if need be consult an appropriate medical professional depending upon her medical condition(s) before engaging in any physical activity. The user’s participation is voluntary with the knowledge of the attendant risks. Hence, FitnessOne Pink or its partners are not responsible towards any liability whatsoever that may arise to the user at any point of time.
Intellectual Property
FitnessOne Group India Ltd (FitnessOne Pink) owns select trademarks, logos, designs, proprietary marks etc and all such intellectual property on the App are owned by FitnessOne Group India Ltd and licensed by it to others. The same include materials protected by copyright, trademark and other patent laws. All content on the PINK 360 APP, except the personal information of user(s), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and other content (“Content”) is the collective work by FitnessOne Group India Ltd and owned and controlled by it and all its rights on such data are reserved.
Restrictions
The PINK 360 APP, the platform services and contents are only for the non-commercial use of the users. The users understands and agrees not to change or delete any ownership notices of the materials downloaded or printed from the App. The user also agrees not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the App, including Personal Information (defined below), without FitnessOne Pink’s prior written consent, unless it is the user’s own Personal Information that was legally posted on the App. The user agrees not to apply any data mining, robots, scraping or similar data gathering methods.
Personal Information
The PINK 360 APP during the registration process for use may call for select personal information (the “Personal Information”), including but not limited to information on the specific user’s date of birth, age, weight, height, etc to optimize the benefits of usage of use of the APP. In choosing to furnish such Personal Information, the user confirms that accurate and current information about oneself only is being provided and FitnessOne Pink will not be responsible for the accuracy of such personal information. The disclosure of Personal Information by user(s) is governed by the Privacy Policy attached and which forms part of these Terms of Use of this PINK 360 APP..
Links
The App may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). FitnessOne Pink does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. FitnessOne Pink is not responsible for the content or policies of Third Party Platforms and user access to such Third Party Platforms is at one’s own risk and responsibility.
Limitation of Mobile Services
The PINK 360 APP contains services and features that may be available for use only with select mobile devices. The respective service provider or carrier’s rates and fees for usage will apply. Not all mobile services will work with all carriers or devices. By using the PINK 360 APP and other mobile services of FitnessOne Group India Ltd the user agrees that FitnessOne may communicate with her by electronic means through her mobile device and that information about the user’s use of these services will be available to FitnessOne. If the user changes or deactivates her mobile phone number, the account information and profile must be updated at the earliest possible convenience to ensure continuity of services and to guard against wrongful transmission to incorrect mobile number or device and protection of personal information.
User Interaction Disclaimer
The user is solely responsible for interactions with other users, whether online or in person. FitnessOne Pink is not responsible or liable for any loss or damage (including but not limited to reputation of the user) resulting from any interaction with other App users, persons met through the App, or persons who identified the user by the information posted on, by or through the App. The user agrees to take due precautions in all interactions with other users on the App, and conduct any necessary verifications before meeting another other user / person. FitnessOne Pink is under no legal obligation to become involved in any user dispute with other user(s) / person(s) either as a mediator, arbitrator or otherwise.
Disclaimer of Warranties & Liability:-
The user understands and expressly agrees that the PINK 360 APP and the Platform Services and other Content are provided by FitnessOne Pink 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.
The user understands and agrees that FitnessOne Pink cannot guarantee that the use of the PINK 360 APP (i) will meet the expectations or any specific requirement of the user(s), (ii) the results that may be obtained from the use of the APP will be effective, accurate or reliable; (iii) the APP or the Platform Services will be available uninterrupted, timely, secure or error-free as this depends on efficacy of the third party service providers.
The user understands and agrees that he / she shall be solely responsible for the use of the APP and that any damage to the mobile device, computer system or any other device, loss of data or other harm of any kind that may result is an attendant risk in use of online and web based APPs and platforms.
FitnessOne Pink states that all information, contents and posts uploaded on the APP are that of the individual users and as such FitnessOne Pink is not responsible or liable for any personal, offensive, unlawful or objectionable content that users might possibly encounter during use of the APP. However FitnessOne Pink will take all out efforts to remove / correct any such personal, offensive, unlawful or objectionable content at the earliest possible when brought to its notice.
Indemnification and Limitation of Liability
The user agrees that in no event shall FitnessOne Pink be liable to her or any related third party for any direct, indirect, incidental, special, consequential or punitive damages whatsoever, arising out of or in connection with the use of or access to this PINK 360 APP or Platform or Services or Content on the Platform. The user assumes total responsibility for the use of the APP.
The user agrees to indemnify, defend and hold harmless FitnessOne Pink and its affiliates including but not limited to its directors, employees, consultants, agents, and vendors of the APP / Platform from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees, etc) asserted against or incurred or arising from or relating in any way to the user furnishing Personal Information, the user’s use of the APP, user conduct in relation to APP and by other user(s), or any violation of these Terms of Use, any law or the rights of any other third party.
The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws. If any 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 FitnessOne Pink shall be the minimum permitted under applicable law.
Miscellaneous
The ‘PINK 360’ APP and website is developed as a passive website based in Chennai Tamilnadu India. By using the App, the user agrees to receive select electronic communications from FitnessOne Pink. The user agrees that any notice, agreement, disclosure or other communication that FitnessOne Pink sends electronically shall satisfy the legal communication requirements. FitnessOne Pink’s flexibility by not enforcing any of these Terms of Use shall not be construed as a waiver or surrender of any it’s rights. FitnessOne Pink reserves it’s right to outsource or assign its rights and duties under these Terms of Use to any third party at any point of time for it’s administrative convenience without notice thereof.
Termination
“FitnessOne Pink” reserves the right to terminate any user account or user profile or any other personal information and / or restrict the user(s)’ use of all or any part of the App for any reason whatsoever at its sole discretion, without notice and without any liability to the user(s) or related third parties. “FitnessOne Pink” also reserves the right to block users from certain IP addresses or device numbers and prevent access to the App. Notwithstanding anything contained in this clause, these Terms of Use particularly the Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Severability and any other term(s) by whatever name called shall survive indefinitely unless and until “FitnessOne Pink” decides to terminate them.
Governing Law
These Terms of Use shall be governed by and constructed in accordance with the laws of India. The disputes if any arising directly or indirectly out of or relating to use of the PINK 360 APP (including but not limited to the purchase of FitnessOne’s products) shall first be endeavored to be solved by mutual discussion failing which by arbitration. In the event of a legal route being taken by either of the parties the proceedings shall be subject to the exclusive jurisdiction of courts, tribunals, applicable authorities at Chennai Tamilnadu.
Severability:
If, for any reason, an authority or a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be invalid or unenforceable or not in line with the Acts and laws, 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 to be in force and effect.
Report of Abuse and Grievance Redressal
In the event the user comes across any abuse or violation of these Terms of Use or if the user becomes aware of any objectionable content on the Platform or if the user wishes to report a grievance regarding the APP, platform or services, the same may be reported to the following email id : appsupport@fitnessoneclub.co.in.