These terms of use (“Terms of Use”) mandate the terms on which the users access and/or register on the Fit-X website and mobile application (collectively referred to as the “Platform”), operated by Hermion Technologies Private Limited (hereinafter referred to as “We” or “Our” or “Us” or “Company”), and interact with the Platform Services (as defined below). Please read the Terms of Use and Privacy Policy (collectively, “Agreement”) carefully before using or registering on the Platform or accessing any material, information or Platform Services through the Platform.
These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Fit-X.
This ‘Terms of Use’ includes the following sections:
1.1 These Terms of Use apply to all the users of the Platform including any individual who accesses, registers and/or places a request for Platform Services (as defined below) on the Platform (“You”, “Your” or “Users”).
2.1 Your access to, use of or registration on the Platform or booking, purchase or availment of the Platform Services shall signify that You have read, understood and agreed to be bound by these Terms of Use.
3.1. Services (collectively, the “Platform Services”) available on the Platform and provided by Us, include, but are not limited to:
3.1.1. Real-time online fitness services (including Zumba® Dance Fitness), audio-video consultancy or coaching, training sessions relating to physical, mental, holistic fitness, wellness, nutrition, cookery, recreation, sports and other allied content;
3.1.2. Recorded audio and/or video content, relating to the above.
3.2. We shall provide the Platform Services to You by allowing You to register on and access the Platform as per the terms and conditions set forth below:
3.2.1. Unless otherwise agreed by the Company in a separate written agreement with You, the Platform Services are made available solely for Your personal and non-commercial use.
3.2.2. We may record audio and/or video of any and all sessions conducted, for promotion and marketing, quality and safety purposes, which may be referred to in case of any complaints/disputes.
The User shall abide by the following terms to avail, use and access the Platform Services (“Eligibility Criteria”):
4.1. 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 Us 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.
4.2. You further confirm and agree that You are physically and mentally fit to use the Platform Services and have no medical condition that would prevent You from accessing/using the Services. You are recommended to consult a doctor / healthcare professional before starting any Platform Services. You must understand Your physical and medical limits and attend the Sessions within the said limits. You agree that participation in the Platform Services/sessions 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 in the Platform Services is voluntary and that you knowingly assume all such risks and hence hereby release the Company or any third-party associates of all liability arising out of such aforementioned risks. The Company or any third-party associates do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or concerning the Platform Services.
5.1. In order to avail the Platform Services, You will have to register on the Platform by providing details about Yourself, including First Name, Last Name, Gender, Date of Birth, Email address, Company, City/Location and Pin code, Preferred workout time and Mobile number and such other details as may be required on the Platform and create an account (“Account”).
5.2. 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.
5.3. 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 immediately notify the Company of any unauthorized use of Your Account information or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from Your failure to keep your Account details confidential. 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.
5.4. 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.
6.1. The charges indicated on the Platform for the Platform Services will be as determined by Us and will be inclusive of taxes and other applicable charges as mentioned on the Platform. You agree to pay for all fees (including platform fees) and charges incurred while using the Platform Services. Additional taxes or third-party charges may apply.
6.2. Services may be offered on (a) pay-per-session; or (b) subscription options (May be provided in future), which could be monthly, quarterly, half yearly, annually, etc. For the purposes of monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
6.3. Non-recurring subscriptions [i.e. pay-per-session subscriptions] of Platform Services are non-cancellable, non-transferrable and non-refundable. However, You may cancel Your recurring subscription (if and when provided in future) at any time by going to Your Account Settings and cancelling Your subscription before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Detail You have provided. Refunds cannot be claimed for any partial-term subscription period.
6.4. The Platform shall not be responsible for any unauthorized transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.
6.5. A membership on the Platform may start with a free trial. The free trial period for any subscription will last for the period of time specified within the app. Free trials may not be combined with certain other offers, as specified.
6.6. All payments in respect of the Platform Services shall be made through the Platform, which will re-direct You to Our third-party payment aggregator. 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 payment aggregators and service providers, including payment gateways, to process payments and manage payment related information.
6.7. 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: (a) You are legally authorized to provide such Payment Details; (b) You are legally authorized to perform payments using such Payment Details; and (c) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable laws. 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.
6.8. The payment receipt and transaction summary shall be made available on the Platform and also sent to Your registered email address.
7.1. The Platform, the processes, their selection and arrangement, including but not limited to, visual interfaces, user interfaces, text, videos, graphics, Images, photos, 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.
7.2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and/or other respective third parties, as the case may be.
7.3. You are not permitted to use the Content or Marks or any other intellectual property belonging to the Company and/or other respective third parties without the prior consent of the Company and/or the third party that may own the Marks or the Content.
You expressly understand and agree that, to the maximum extent permitted by applicable law:
8.1. 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.
8.2. Without limiting the foregoing, the Company makes no warranty that: (a) 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; (b) the results that may be obtained from the use of the Platform, or Platform Services will be effective, accurate or reliable; (c) the quality of the Platform or Platform Services or Content will meet Your expectations; or (d) 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.
8.2.1. 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.
8.2.2. 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.
8.2.3. 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.
8.2.4. 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.
8.2.5. 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.
8.2.6. 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.
To the fullest extent permitted by law, We disclaim all liability arising out of the User’s use or reliance upon the Platform and the Platform Services;
9.1. We disclaim any guarantee of exactness as to the duration, type, satisfaction from any Platform Services fulfilled by any Service Provider respectively. Further, Platform / relevant Partner makes no representation that Platform Services are appropriate or safe for use;
9.2. 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.
9.3. 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.
9.4. 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 Use 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.
9.5. 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 Company shall be the minimum permitted under applicable law.
10.1. 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, as the case may be, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances.
10.2. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against You as a result of Your violation of these Terms of Use, it 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.
11.1. We reserve the right to temporarily or permanently disable or terminate Your Account from booking further sessions on the Platform or impose any other cancellation charges in the event You misuse the services
11.2. The Terms of Use will continue to apply until the Account is 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.
11.3. 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.
11.4. If You or the Company terminate Your use of the Platform, the Company may delete any information 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.
11.5. You shall be liable to pay for any Services that you have already ordered till the time of termination whatsoever.
12.1. These terms shall be governed by and constructed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, for a, applicable authorities at Pune, Maharashtra.
13.1. 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 Services, please report the same to the following e-mail id: connect@hermiontechnologies.com or reach out to our Grievance Officer, whose contact information is detailed below:
13.2. Please provide us with a detailed description of the complaint/grievance, and we will endeavor to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.
14.1. By using/accessing the Platform and/or registering yourself for the Platform Services, You hereby expressly agree to receive communications by way of phone call, SMS, WhatsApp and/or e-mails from the Company relating to the Services provided through the Platform, and: (i) offer You Our Platform Services You have opted for, (ii) imparting knowledge on Our Products / Services, (iii) offer promotional offers running on Our Products / Services, for which reasons Your information may be collected in the manner as detailed under Our Privacy Policy.
14.2. You can unsubscribe/ opt-out from receiving communications through calls, SMS, WhatsApp and e-mail anytime by e-mailing to connect@hermiontechnologies.com or contacting our Grievance Officer. However, this may limit the extent of Services that You can avail.
15.1. 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 connect@hermiontechnologies.com to our Grievance Officer.
15.2. 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.
15.3. 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.
15.4. 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.
15.5. Force Majeure: The Company will not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to blocking of internet services, acts of God, war, terrorism, civil unrest, natural disasters, strikes, or government restrictions, pandemics or other such health hazards. The Company shall notify the Users as soon as reasonably possible, and the Parties shall discuss the best way to proceed with the performance of this Agreement.
15.6. 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 connect@hermiontechnologies.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf.
Hermion Technologies Private Limited, operating under the brand name 'Fit-X', reserves the right to modify this Terms of Use at any time. Any changes will be posted on Our website with the updated effective date. Please review this document periodically for updates.
