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Terms & Conditions

TERMS AND CONDITIONS OF USE FOR ACTION FIT 9 MOBILE APP:

 

These Terms and Conditions of Use and Disclaimer (“Terms”) constitute a legally binding Agreement made between the user (“you”) and the Proprietary concern/Action Fit 9 (“Developer/App”), a mobile Application governing your access to and use of this App including but not restricting to any computer, mobile phone, tablet, console or other devices (collectively, “Devices”). You agree that by accessing and using the App, you have carefully read, understood, and agreed to be bound by all of the Terms and Conditions of Use and Disclaimer. The Developer/App may change the Terms at any time without notice, effective upon its posting to the App. Your continued use of the App shall be considered as your acceptance to the revised Terms. Alternatively, if you disagree with any part of the Terms or the entire set of Terms, then please do not use this App. The Developer reserves their right to add/alter/modify the said terms without any prior notice and/or intimation.

 

  1. Terms of Use: Use of Services and your Account
  • You agree that by using and accessing the App you are at least eighteen (18) years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission/consent of, and be directly supervised by, their parent/s or guardian/s to use the App. If you are a minor, you agree that your parent/s or guardian/s have carefully read and agreed to these Terms of Conditions of Use prior to you using the App.
  • You agree that you may have to create an Action Fit 9 Account/Login Access to register in order to access the Services of the App, and it’s important that the information associated with your account is accurate and up-to-date. You agree to maintain and update your registration data from time to time, to ensure that it is always updated, current, complete and accurate.
  • When you create an Account and/or Login Access, you are responsible for maintaining the confidentiality of any and all actions that take place while using your Account, the Developer/App is not responsible for any loss and/or damage and/or claim and/or damage whatsoever that may result in any manner, from any unauthorized use of your username and/or password, with or without your knowledge and/or consent. The Developer shall consider you to be accessing the App till such time you formally disconnect/terminate/delete your Account/Login Access. Further, mere continued non-utilisation or non-use of the Services/App shall not tantamount to disconnection/termination/delete of your Account/Login Access.
  • You agree to keep your password strictly confidential. You are fully responsible for all activities that occur under your password, and you agree to be liable for all charges/liabilities incurred under your Account and/or Login Access and/or Password. You agree that your liability for such charges shall continue even after Termination of this Agreement. That is to say that the Termination of Agreement shall in no way dispense you with your liability towards any act of yours committed during your usage of the Services/App.
  • If you forget your password and have an existing Action Fit 9 account, click on the “Log In” link at the top of the page. You will be taken to the Log In page, where you can select “Forgot your Password” to create a new password. If you choose to permanently disconnect/terminate/delete your account, the non-public Personal Data that we have associated with your account will also be deleted. However, in the event the said data remains to be deleted for certain reasons beyond the control of the Developer, the Developer/App cannot be held liable for any loss/liability, claims, expenses, whatsoever incurred to/by the User.
  • You agree that the App is provided on “as is” and “as available” basis without warranty of any kind.

 

  1. Physical Well being
  • You agree that the App includes gamified and designed features, equipment required for each activity, the specifications regarding the ideal weightage for your body type (as per the personal data and information uploaded by you on the App), specific requirements regarding each activity and how to safely perform them based on specific fitness goals as per the personal data and plan chosen by you to enable you to build strength, endurance, mobility, flexibility, power, fat loss, muscle gain, strength and anti-ageing. Please consider the risks involved and consult with your physician/medical practitioner/health care provider before engaging in any physical activity. Proprietor/Action Fit 9, the Developer/App is not responsible or liable for any injuries, damages, losses, liabilities, claims or costs (including legal expenses and/or medical expenses, if any) that you may sustain that result from your use of, or inability to use, the features of the App.
  • By using and accessing the App, you agree, represent and warrant that you have received consent from your physician/medical practitioner/health care provider to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services on the App.
  • Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is entirely and solely at your own risk. You agree that if you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. You agree and confirm that activities promoted by the Services may pose risks even to those who are currently in good health.
  • You agree that the information and materials contained on the App are provided for educational and informational purposes only.  The Developers/App only provide useful general information, not professional medical advice. You agree that the App is not a substitute for professional medical advice and treatment or your consultation with qualified physicians and other health care professionals regarding your individual health needs.
  • You agree that the workout videos and other Services provided on the App are not medical devices, and the data provided by them is not intended to be utilized for medical purposes and is not intended to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree and indemnify us that we are not providing medical advice via the App.
  • You agree that the Developer/App is not responsible for any health problems that may result from training programs, workout videos, goals to be reached, consultations, products, or events you learn about through the App. You agree that should you have any health related questions or problems, to immediately call or see your physician/medical practitioner/health care provider
  • You agree that your use of the App does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between the Developer/App and you.
  • If you think you may have a medical emergency, call your doctor, medical practitioners or health care providers immediately. Proprietor/Action Fit 9 does not recommend or endorse any specific tests, product, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by Proprietor/Action Fit 9, the App, Proprietor/Action Fit 9 Employees, others appearing on the Site at the invitation of Proprietor/Action Fit 9, or other visitors to the App is solely at your own risk.
  • The Services on the App are intended to provide you with information to encourage you to support your wellness and fitness activities. You agree that the data and information provided by the Developer/App and other various services including the goals, rewards and customised workout videos accessed and used by you through the gamified version of the App are intended only to be a representation of your activity, but may not be completely accurate for you to solely rely upon this representation.
  1. Subscriptions and Payment terms
  • By registering on the App you agree that you are subscribing to a free trial period of the App which gives you access to the subscription benefits for the app for free, for a duration specified by the application developer. The Developer/App reserves their right to amend/alter/change the trial period of the App without any prior notice to the User at the sole discretion of the Developer.
  • At the end of the trial period, you will be charged the subscription fees and charges as applicable on the day of your first paid subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the app and any subscription privileges.
  • Your subscription will start when you click “Subscribe Now” on a subscription purchase. This is a recurring billing transaction. Once you subscribe the Developer has been authorised to periodically charge you for subscription in the manner as provided above without any recurring/repeated consent by/from you.
  • By clicking ‘Subscribe Now,’ you authorize the App to bill your chosen Payment Instrument during the subscription at the Purchase Amount as specified therein. The Purchase Amount will continue to be charged to your Payment Instrument, until you cancel your subscription. The billing rate is on a monthly basis and subject to change at the sole discretion of the Developer/App during the subscription period.
  • Each subscription is for a period of one calendar month for a particular goal. The subscription once subscribed cannot be cancelled/suspended by the subscriber for any reasons whatsoever during the said period. It is only upon expiry of the said period that the subscription shall stand exhausted. The subscriber cannot extend the period of subscription for non-usage or any other reasons.
  • Proprietor/Action Fit9 is offering subscription at a fees of Rs. 299 per goal per month. However, Proprietor/Action Fit9 reserves the right to vary the fees charged for our subscription based Products from time to time, without any prior notice.
  • The subscription shall automatically end after completion of the said period of subscription upon the subscriber cancelling future subscription/renewal.
  • Once the Subscription period begins, the unused portion of subscription, if any shall stand forfeited and or considered used/utilised by its subscriber. The subscriber cannot postpone and/or carry forward any unused period of subscription for any reason whatsoever.
  • Any unused portion of the 1 week free trial period shall be forfeited when the user purchases a subscription to the Action Fit 9 app.
  • Your Payment Instrument will be billed for each period based on the date of the subscription purchase.
  • The subscription automatically renews unless auto-renewal is turned/switched off atleast 24 hours before the end of the ongoing/current subscription period.
  • Payment will be charged to iTunes Account at confirmation of Purchase for iOs devices.
  • Payment will be charged to the Google Playstore account at confirmation of Purchase for Android devices.
  • You may cancel a subscription at any time, but the cancellation will not become effective until the end of the current billing period. You will not receive a refund for the current billing period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period. You will continue to be able to access the relevant subscription for the remainder of the current billing period.
  • Alternatively, the subscriber/user shall be at liberty to turn off the Auto-renewal while managing its Subscription by going to the user’s Account Setting after purchase of subscription. Otherwise, as a default setting, Auto-Renewal shall be turned on by the Proprietor/Action Fit9.
  • If any subscription fees or charges billed to your account are not processed for any reason, then Proprietor/Action Fit9 will have the right to suspend your subscription until all fees and charges have been paid in full.
  • You/subscriber agrees to pay all costs, including legal fees on a full indemnity basis, which are incurred by Proprietor/Action Fit9 in collecting any unpaid subscription fees or charges from the Subscriber.
  • Subscription fees will apply regardless of whether or not you use your subscription.
  • We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
  • You agree that you are solely responsible for maintaining the confidentiality of your access credentials and other account information, and will be solely and entirely liable for any and all activities under your account.
  • Multiple Service accounts are prohibited. You agree that you can only register for and maintain one Service account. In addition, Service account may be associated with only one Authorized Payment Method.

 

  1. App Use Guidelines
  • You agree to use the content only for your personal fitness goals and not any commercial purposes. You agree not to change or delete any ownership notices from materials downloaded or printed from the App. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit any videos, content or any other services provided solely for your exclusive subscription use appearing on the App. You agree not to access or use the App for any purpose other than that for which the Developer makes the App available.
  • As a responsible registered user you agree not to do the following:
  1. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  2. make improper use of our support services or submit false reports of abuse or misconduct.
  • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • interfere with, disrupt, or create an undue burden on the Developer/App or the networks or services connected to the App.
  1. attempt to impersonate another user or person or use the username of another user.
  • sell or otherwise transfer your profile.
  • use any information obtained from the Developer/App in order to harass, abuse, or harm another person.
  • use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavour or commercial enterprise.
  1. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
  2. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  3. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software.
  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
  • use the App in a manner inconsistent with any applicable laws or regulations.
  • access or use the App to collect any market research for a competing business
  1. interfere with or attempt to interrupt the proper operation of the App through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the App through hacking, password or data mining, or any other means.
  • For any Orders executed outside the Platform (e.g., in iTunes, Google Play, etc.), the terms and conditions and privacy policy of such third-party provider shall apply to such Order.
  • You agree that the Developer/App will take due care to make the App available at all times. However you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by the factors outside the reasonable control of the Developer/App and the Developer/App shall not be held liable for any loss of data, expenses, claims and/or any liability whatsoever due to factors not in their control.

 

  1. Intellectual Property Rights
  • The App contains material, such as data, software, text, graphics, images, sound recordings, audiovisual works, workout videos and other material provided by or on behalf of the App (collectively referred to as the “Content”). The Content may be owned by us or by third parties.
  • You agree that you have no rights in or to the Content, and you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from us.
  • You agree that you will not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
  • If you violate any part of this Agreement, your permission to access and/or use the Content, the App, and our Services automatically is terminated and you must immediately destroy any copies you have made of the Content. In the event, you fail to do so you shall be liable to bear the legal consequences alongwith any liability which the Developer/App may incur owing to such act of yours.

 

  1. Indemnification
  • You agree to indemnify, defend, and hold harmless the Developer/App, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your Personal Information, your use of the App, your conduct in connection with the App or with other App users if any, or any violation of these, any law or the rights of any third party.
  • You agree to indemnify the Developer/App from any claims, liabilities or expenses arising from an injury/injuries or health problem/s that may arise from or by the use of our App and/or services provided therein.
  • In no event the Developer/App will be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use, download or access to the App including your commission/omission of any action based on the contents of the App , including loss of profit or the like including any damage or alteration to your device /equipment by the use and access of the App including but not limited to the Resistance Tube, kettlebells, dumbbells, handheld device or mobile telephones as a result of the installation, access or use of the App.
  • You agree that the Developer/App shall not be liable or responsible whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable and for any support or maintenance for the App.

 

  1. Severability
  • If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be valid, binding and enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and are still valid and enforceable.

 

  1. Termination
  • The Developer/App reserves their right to terminate/restrict your use/account/login access, delete your profile and/or of your Personal Information/Data, and restrict your use of all or any part of the App at any time for any or no reason whatsoever without notice, and without liability to you or anyone else at their sole discretion. Upon any such termination or deletion, (a) the rights of use granted to you herein shall immediately terminate; (b) you must cease from using the App.
  • The Developer/App reserves their right to block users from certain IP addresses or Device numbers and prevent access to the App. These Terms remain in effect even after your account is terminated.
  • These Terms are governed by the laws of the Sovereign of India.

 

  1. Dispute Resolution
  • It is agreed that any dispute, controversy, claims and/or breach thereof, of whatsoever nature, arising out of, or in connection with this Terms/Agreement, including but not restricting to any question regarding its existence, validity or termination, the parties hereto shall first attempt to settle the dispute by mediation, administered by the Developer.
  • It is agreed that seat/venue of Mediation shall be Mumbai, India. Alternatively, if both the parties agree, they can also try to mediate using any online platform for Web/Video Conferencing or Telephonic Conference.
  • It is agreed that the fees/expenses for the Mediation shall be borne by all the parties to the Mediation equally.
  • If settlement is not reached within Ninety [90] days after service of a written demand for mediation, any unresolved controversy, issue or claim shall be referred to Arbitration.
  • It is agreed that any dispute, controversy, claims and/or breach thereof, of whatsoever nature, arising out of, or in connection with this Terms/Agreement, including but not restricting to any question regarding its existence, validity or termination, failing settlement by mediation shall be determined only by Arbitration.
  • It is agreed that the venue/seat of Arbitration shall be Mumbai, India.
  • It is agreed that the number of Arbitrator shall be one [Sole Arbitrator].
  • It is agreed that the language of Arbitration shall be English. The proceedings and all evidences/records/documents shall be in English only.
  • It is agreed that these Terms/Agreement are governed by the substantive laws applicable in the Sovereign of India.[Indian Laws]
  • It is agreed that the Arbitration shall proceed as provided/prescribed under The Arbitration and Conciliation (Amendment) Act, 2015 read with The Arbitration And Conciliation Act, 1996 and all applicable Rules thereto.
  • The Arbitrator’s decision shall be in writing and shall comply with all terms and conditions in these Terms/Agreement. The decision and award rendered shall be final and binding on both parties.
  • It is agreed that the fees/expenses for the Arbitration shall be borne by all the parties to the Arbitration equally.
  • In the event of any litigation or arbitration of any nature whatsoever, arising out of or from or related to these Terms/Agreement, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, legal fees, and all other related expenses incurred in such litigation and/or arbitration.

 

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