TERMS OF USE

 

These terms of use (“Terms of Use”) mandate the terms on which the users access and register on the ‘Cult.fit’ website, m-web and mobile application (collectively referred to as the “Platform”), operated by Diverse Retails Private Limited (hereinafter referred to as “We” or “Our” or “Us” or “Company”), and the Platform Services (as defined below), provided through the Platform.

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 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. Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or booking, purchase or availment of the Platform Services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.

 

Applicability:

These Terms of Use applies to all the users of the Platform including:

1.       Any supplier of goods / services (whether an individual, professional or an entity, or similar institution) on the Platform, directly or indirectly, including designated / authorised associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”);

2.       An individual who accesses and registers on the Platform and/or places a service request on the Platform (“End-User”, “You”, “Your” or “Users”); or

3.       Otherwise a user or visitor of the Platform (“You” “Your” or “Users”).

Platform Services

1.       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 Partners. Some of the services (collectively, the “Services”) and products (collectively, the “Products”) available on the Platform and provided by Company / Partners are listed below:

a.         Cult.fit and mind.fit physical and mental fitness centre memberships / classes and allied services (“Fitness Services”) provided by CultFit Healthcare Private Limited and its franchisees;

b.      Memberships sold by CultFit Services Private Limited (erstwhile CultFit Logistics Private Limited) granting access to various underlying services (“CultPass Services”) from third-party fitness centres, gyms, studios, training centres, etc (“CultPass Service Provider”);

c.       Eat.fit food items (“Food Products”) from CureFoods Private Limited;

d.      Appointments with registered medical professional, whether an individual professional or through an organization or similar institutions for physical / in-person and tele-consultations and diagnostic services (“Care.fit Services”);

e.       Purchase food items and original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (“Diverse Products”);

f.        Single session / subscription based digital services / products on the Platform, like recorded audio and / or video content, real time on-line training services, as provided by or featuring Partners and / or their associates (“Digital Services”), which shall include:

(i)   Single sessions / subscriptions from CultFit Services Private Limited (erstwhile CultFit Logistics Private Limited)  permitting access to and booking of pre-recorded and / or do-it yourself audio and/or video content relating to physical and / or mental fitness, nutrition, cookery, recreation, physical and / or mental live experiences and allied content (“Digital Content Services”);

(ii)   Single sessions / subscriptions from relevant Partner(s) permitting access to and booking of real-time audio and/or video consultancy / coaching / training session(s) relating to physical and / or mental fitness, nutrition, cookery, recreation, therapy (“Digital Training Services”).

g.      Booking appointments / sessions of Fitness Services, CultPass Services, Care.fit Services and Digital Services; and (ii) communicating instructions for delivery of Food Products and Diverse Products (jointly, “Diverse Booking Services”);

h.      Procurement and / or generation, reproduction on the Platform, sharing with relevant Partners or their associates for You, if applicable, and communication to You of (i) Your indicative usage and / or consumption data of Fitness Services, CultPass Services, Food Products, Care.fit Services, Digital Services and Diverse Products; and (ii) any documents or data generated from Your purchase and / or usage and / or consumption of aforementioned products and / or services, separately as well as jointly with other products and / or services listed on the Platform, including transaction summaries, invoices, reports, scores, achievements, access to photos, medical records, lab reports etc. (“Other Diverse Services”).

Diverse Products, Diverse Booking Services and Other Diverse Services shall be collectively referred to as “Diverse Offerings”. Fitness Services, Food Products, CultPass Services, Care.fit Services, Digital Services and Diverse Offerings shall be collectively referred to as “Platform Services” and shall be provided by Company, Partners or their associates with whom the Company or Partners have 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.

 

2.       The charges indicated on the Platform for the Platform Services will be as determined by the Company or respective Partners, 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 Partners’ sole discretion and the Company and Partners do not guarantee that the charges will be the lowest in the city, region or geography or if the products / services will be available for delivery / performance at all times. For Digital Services, You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annually. For the purposes of monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

 

3.       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 of the Partners or their service providers / associates (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned on Partner’s or their associates’ respective website / mobile application, which You are presumed to have read and accepted at the time of placing the order/booking.

4.       The Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, exchange policy, return policy, etc.) which are briefly mentioned below.

Fitness Services and CultPass Services:

1.       Fitness Services shall include offline mental and physical fitness, sports related training activities including swimming, mindful yoga, psychotherapy and meditation related training activities, under the brand names ‘Cult.Fit’ and ‘Mind.Fit’;

2.       CultPass membership permits access to several third party fitness centres, gyms, studios, training centres, etc. You acknowledge and agree that Platform and / or Partner do not have any actual control over the underlying services or quality of services provided by CultPass Service Providers, or their operations or management, listed under the CultPass Services, and the Platform and the Partner hereby disclaims any and all liability arising out of Your utilisation of the CultPass Services with such CultPass Service Providers.

3.       You are eligible to use the Fitness Services and CultPass Services only when You fulfil the following conditions: (a) You have attained at least 18 (eighteen) years of age; and (b) You are competent to enter into a contract under the applicable laws. If You reside in a jurisdiction that restricts the use of the Fitness Service and CultPass Services because of age, or restricts the ability to enter into contracts such as as these Terms of Use due to age, You must abide by such age limits. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless relevant Partners, their associates / service providers, and Platform 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 relevant Partners, their associates / service providers, and Platform 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 such individuals pursuant to these terms;

4.       Relevant Partners, their associates / service providers, and Platform and its business partner(s) hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Fitness Services and CultPass Services facilitated / provided by them. Further, relevant Partners, their associates / service providers, and Platform and its business partner(s) make no representation that Fitness Services and CultPass Services provided by relevant Partners and / or CultPass Service Providers are appropriate or safe for use. You agree that the Fitness Services and CultPass Services offered herein, 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 is voluntary and that You knowingly assume all such risks and hence hereby release relevant Partners, their associates / service providers, and Platform and its business partner(s) of all liability arising out of such aforementioned risks;

5.       You confirm and agree that in addition to acceptance of these Terms of Use, Your use and/or booking of the CultPass Services signifies your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, communicated or displayed on the websites/centers of the CultPass Service Providers. To the fullest extent permissible pursuant to applicable law, your use of the CultPass Services and your attendance at, participation in, purchase and/or use of the CultPass Services, is solely at your own risk and the Platform and/or relevant Partner, and / or CultPass Service Provider does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the CultPass Services.

6.       If Company and / or relevant Partners run any offers or discounts subsequent to Your purchase, neither Company and / or relevant Partners and / or Platform nor their business partner(s) are obliged to offer You the benefits under such subsequent offers, however Company and / or relevant Partners and / or Platform or their 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;

7.       You agree to abide by Fair Usage Policy mentioned below:

a.    Under Fitness Services limited / select membership(s), You can only book, access and attend classes / sessions at Your primary / home centre, chosen by You at the time of buying Your membership(s) / session(s), and access to other centres / outdoor centres / activities / formats shall not be permitted. The number of classes / sessions permitted to be booked shall be as per the respective membership’s terms and conditions. Access to the classes / sessions shall be subject to the slot availability and shall be accessible on first come first serve basis. CultFit shall not entertain any requests for changing of Your primary / home centre to another centre.

b.      Under unlimited memberships, You shall be able to book and attend classes / sessions at centre(s), other than Your primary / home centre as well, however, Your access to certain Cult.Fit and Mind.Fit fitness centres may be restricted at the sole discretion of CultFit, even if You have managed to buy membership(s) / sessions, and / or book class(es) / session(s) e.g. for centres falling outside the city of your purchase, exclusive centres, etc. Access to the classes / sessions shall be subject to the availability and shall be accessible on first come first serve basis. However, CultFit reserves the right to penalize you or suspend / terminate Your membership in case of misuse of unlimited classes at centres that are not Your primary / home fitness centres.

c.       Under a CultPass membership, You shall be able to book and attend classes/sessions/activities offered by CultPass Service Providers listed under CultPass and avail such other services as available with the CultPass Service Providers. Access to the classes/sessions/activities available under CultPass Services shall be subject to the availability of the said classes/sessions as offered by the CultPass Service Providers and shall be accessible on first come first serve basis. The number of classes / sessions permitted to be booked shall be as per the respective membership’s terms and conditions. However, Your access to certain  fitness centres listed on CultPass may be restricted at the sole discretion of Platform, even if You have managed to buy membership(s) / sessions, and / or book class(es) / session(s) e.g. for centres falling outside the city of your purchase, etc. Further, Platform reserves the right to penalize you or suspend / terminate Your membership in case of misuse of CultPass Services, or for reasons decided by Platform. 

d.      Under the memberships, You can cancel the classes booked by You at Cult.Fit, Mind.Fit fitness centres and CultPass Service Providers. However, CultFit and /or Platform 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.

e.       Under select and unlimited Cult.fit and / or Mind.Fit memberships,  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).

f.        Under the select and unlimited membership, in case You intend to transfer Your membership to another individual (“Transferee”), as approved and authorised by CultFit, in the same city or another city where CultFit provides its services, CultFit may agree to transfer Your membership to the Transferee against the receipt of price difference and any applicable service fee for the same or reduce the duration of your membership period (as applicable) or such other revisions as deem fit by CultFit. You understand and agree that only one-time transfer of a membership is permitted and once transferred to a Transferee, the membership becomes non-transferable. Further, You shall provide the contact number of the Transferee and the city where the Transferee will be using the membership. In order to use the membership, the Transferee shall be required to access the Platform and accepts and agrees to these Terms of Use.

g.      You agree to abide by CultFit and MindFit fitness center’s Code of Conduct / House Rules. Additionally, you shall also abide by CultPass Service Providers’ code of conduct / house rules.

8.       Relevant Partner(s) may review Your usage of the Fitness Services and CultPass Services that violates the Code of Conduct or House Rules, and suspend or terminate Your membership at any time for any reason in at their 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 and/or CultPass Services for the above purposes, then upon receiving such complaint relevant Partner and / or Platform and / or CultPass Service Provider reserves the right to terminate the account / User’s membership in question. Aforementioned also reserves the right to initiate legal action against You.

 

9.       You have provided Your consent to relevant Partner and / or Platform to share Your health and other records, if any, with the Company, CultPass Service Providers or other service providers for providing services to you.

 

10.   Cultfit may, from time to time, offer Cult Junior Memberships, which shall have additional terms and conditions mentioned below:

a.    Cult Junior Membership(s) can be purchased and availed only by guardians for their children between the ages of 5 and 14 years, provided that the parent or guardian shall have duly executed a guardian consent form, in the format, as approved by Cultfit;

b.    Under Cult Junior Membership, you can only avail Cult Junior classes at select Cult centres. Further, you shall not have access to any other programs or facilities or centres not providing Cult Junior classes;

c.     The membership is non-transferable. If the membership is found to being used by any person other then who it was purchased for, the membership will be cancelled immediately, without refund of any fees.

11.   In case of mental fitness services, Your mental health service provider may be supervised by a senior mental health professional to ensure best care possible for You. Further, You agree that all information regarding Your counselling sessions (including all verbal and/or written exchanges) will be kept confidential, except if You indicate that You may be an imminent danger to Yourself or others.

 

12.   Cult Social: CultFit may provide access to Cult Social, a social portal through which You may access and share a variety of resources, information and data including planning training activities with other Users, updating Your fitness profile, viewing public profile of other Users, adding and accessing videos, photos and status updates, access to communication forums and certain product information. In order to access Cult Social, You shall create a Cult Social profile on Your Account by providing certain details including Your name, image, interested training activities, and such other details as may be required (“Cult Social Profile”). In case You choose to make Your Cult Social Profile public, You agree that all the information on Your Cult Social Profile including username, Images (defined below), photos and other activity details shall be visible to all the Users on Cult Social and the Users will be able to access, like or comment on the activities on Your Cult Social Profile. Further, Cult Social will allow You to view other Users profiles who have attended the same class/session and vice versa. You can always opt-out and make Your profile private. Your access to Cult Social shall be subject to the following:  

1.       Access to the Photos/Videos: CultFit may offer the opportunity to get Your photographs clicked (either single photo or in a group with other users) or appear in a video during a class/session in fitness centres (“Images”). The Images shall be clicked or recorded by the centre managers or any individual authorised by CultFit’s personnel. Once an Image is uploaded on Cult Social, You may be allowed to tag Yourself in the Image. You acknowledge that the Images uploaded by CultFit shall be accessible to all the Users who have attended the said session/class. The said Users may download or take a screenshot of the Photos. In the event, You choose to tag Yourself in the Image, Your username and certain details on Your Cult Social Profile shall be visible/accessible to other Users including attendees of the session. You may also be allowed to upload Your photos or videos on Your Cult Social Profile. The Images may also be seen, accessed, or downloaded through third-party services such as search engines, APIs, websites and other services. CultFit/Company disclaims any and all liabilities with respect to the misuse, loss, modification, unavailability of the Images or content available on Cult Social.

2.       Ownership Rights: You agree and confirm that You shall provide/upload only those information, photos, videos and content on Your Cult Social Profile that You have the right to share and upload and that your information on Cult Social Profile will be truthful. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). All rights, title and interest including all intellectual property rights in Cult Social including Images, content, any derivatives, modifications, enhancements and new inventions undertaken in the Cult Social shall belong to and vest entirely in CultFit. CultFit, in its sole discretion, may from time to time make additions to, deletions from, or modifications to ever-evolving Cult Social, specifications and/or communications facilities, including to comply with changes, or contemplated changes, in law. For the information or content that You submit or post on  Your Cult Social Profile, You are hereby granting CultFit and its affiliates a worldwide, transferable, non-exclusive and sublicensable right to use, copy, modify, distribute, publish and process, create derivative work, and such other right including displaying the said content on public platform including social media platform without any consent, notice and/or compensation to you or any third party. CultFit reserves all the right, title and interest on Cult Social not expressly granted to the fullest extent possible under applicable laws. Unless stated otherwise, all contents uploaded by CultFit are believed to be in the public domain as either promotional materials or publicity photos as CultFit may determine.

Prohibited Use: CultFit may access, review, screen, and delete content uploaded on Cult Social at any time and for any reason, including to provide and develop the Cult Social or if CultFit thinks Your content violates these Terms of Use. You alone, though, remain responsible for the content You create, upload, post, send, or store on the Your Cult Social Profile. You will not, and will not permit any person, directly or indirectly, to (a) use Cult Social including Images or any content for any illegal, misleading, or fraudulent activity, defame, abuse, harass, threaten or do any other activity which infringes the rights of CultFit or others, or publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information or any other content which belongs to another person over which You do not have any right through any bookmark, tag or keyword; (b) make available, sublicense, otherwise transfer or assign, or otherwise exploit Cult Social or do anything to interfere with or impair the intended operation of Cult Social; (c) edit, change, prepare any derivative work of or alter in any way any of the Images or content provided on Cult Social,  (d) input, upload, transmit or otherwise provide to, or through the Cult Social any information or materials that are in violation of law, injurious, contain, transmit or activate any viruses, malicious or harmful code, or any other similar software or programs, or 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; (e) act in a manner intended to exceeding any restrictions or limitations set forth in these Terms of Use or the Privacy Policy; (f) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (g) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means; (h) collect or store data about other Users in connection with the prohibited conduct and activities or conduct/forward surveys, contests, pyramid schemes or chain letters; and (i) upload any other content which is non-complaint with the Information Technology Act, 2000, rules, guidelines and regulations made thereunder, including Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Terms and Policies.

 

Food Products:

1.       Food Products, i.e. food and beverage items, prepared by CureFoods under ‘eat.fit’ and other brand names can be bought by its customers through various channels of sale, including purchase of food packs / single meals on Platform.

2.       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.

3.       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.

4.       In case Your order has been delayed beyond the delivery timeline or the same is not upto Your expectations, please share Your complaint at hello@cult.fit.

5.       CureFoods hereby disclaims any guarantees of exactness as to the taste, finish, appearance, size, color etc., of the Food Product as ordered by You.

Digital Services:

1.       Cultfit Service Private Limited (Formerly known as “Cultfit Logistics Private Limited”) (“CFS”) facilitates provision of Digital Content Services, i.e. pre-recorded and / or do-it yourself audio and / or video content relating to physical and / or mental fitness, nutrition, cookery, recreation, physical and / or mental live experiences and allied content, which shall be fulfilled directly by CFS or through service providers with whom CFS has contractual arrangements. Unless otherwise agreed by CFS in a separate written agreement with You, the Digital Services are made available solely for Your personal and non-commercial use.

2.       Relevant Partner and / or their associates facilitate the provision of / provides Digital Training Services, i.e. real time audio and/or video consultancy / coaching / training session(s) relating to physical and / or mental fitness, nutrition, cookery, recreation, therapy. 

Terms of Digital Content Services and Digital Fitness Services:

1.         Booking Appointment/Session: Subject to payment of necessary fee / purchase of required membership and availability of slots, You shall be permitted to book and participate in various underlying Digital Content Service and Digital Training Service session(s) (“Sessions”) and allied services.

2.         In order to participate in the Sessions, You must book the Sessions in advance through the Platform. Further, You may also need to comply with certain technical requirements to participate in the Sessions.

3.         Any memberships / single Sessions bought or booked by You are non-transferrable and non-refundable.

4.         For workout / fitness Sessions, You must ensure that You are physically and medically fit to participate in the Sessions. You must understand Your physical and medical limits and attend the Sessions within the said limits. You agree that participation in the 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 Sessions is voluntary and that you knowingly assume all such risks and hence hereby release Company, relevant Partner or any third-party associates of all liability arising out of such aforementioned risks. Company, relevant Partner 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 Sessions.

5.         You understand and agree that based on Your intensity, movements and certain other factors during a workout Session,  a certain energy score may be ascertained to You through an energy meter, basis which Platform / relevant Partner will calculate Your ranking for the Session and display the same in the leader board on the Platform. Your participation in the Session and enabling access to the camera of the device will automatically make You part of the leader board experience and thereby Your profile details including username, photo (if any), and Your rank basis Your participation in the Session shall be visible to You as well as to other Users on the Platform. The Platform shall only be able to ascertain Your energy score only if You enable access to the camera of Your device. If You choose to not use energy meter and thereby not feature on the leader board, You may disable the access to Your camera in Your device settings. The energy score is an approximate score calculated basis Your movements etc. and it is solely your responsibility to make sure that You participate in a manner and at an intensity level that is appropriate and suitable for You. Relevant Partner, Company and/or their third-party associates hereby disclaim any guarantees of exactness as to the accuracy, exactness, satisfaction from the results derived basis the energy meter.

6.         CFS also permits access to a variety of audio and/or videos relating to cooking, listing of various recipes, lifestyle trainings, nutritionist and such other content as provided by it / its associates on the Platform. Access to such audio and/or videos is solely for personal, informational and reference purposes and You shall be solely responsible for their usage. The Company, Platform, relevant Partner and/or any third-party entity does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with Your usage of or participation in such Digital Services as offered on the Platform

7.         The number of Sessions permitted to be booked, availed, cancelled shall be as per the terms and conditions laid down by the respective Partner. Platform / relevant Partner will have no liability if any  Session is later cancelled by the relevant Partner and / or their associates. Platform / relevant Partner shall use best efforts to intimate You in advance of such rescheduling or cancellation of Sessions, however, Platform / relevant Partner shall not be responsible in any manner for any inconvenience or loss caused to You as a result of such rescheduling or cancellation. Your sole recourse in case of such rescheduling / cancellations shall be booking of an alternate Session.

8.         Platform / relevant Partner may record audio and / or video of any and all Sessions conducted under Digital Training Services, for quality and safety purposes, which may be referred to in case of any complaints / disputes.

3.       You agree that unless CFS / relevant Partner is providing services directly, their role shall be limited to being an intermediary for on-boarding the relevant service provider / facilitating their services on the Platform. Therefore, for the provision of Digital Services, CFS may:

a.         List various fitness trainers/ practitioners, yoga instructors, meditation trainers, physiotherapists or fitness influencers, whether an individual professional or an organisation or similar institution, their profiles, contact details and/or any digital content created by or featuring them to be made available to the other Users or visitors to the Platform.

b.      List various digital content creator, chefs, social media influencers, nutritionists, fitness coach, celebrities or any third party entity whether an individual professional or an organisation or similar institution, their profiles, contact details and/or any digital content created by or featuring them to be made available to other Users or visitors to the Platform.

4.       You will be eligible to use the Digital Services only when You fulfil the following conditions: (a) You have attained at least 18 (eighteen) years of age, and (b) You are competent to enter into a contract under the applicable laws. If You reside in a jurisdiction that restricts the use of the Digital Services because of age or restricts the ability to enter into contracts such as these Terms of Use due to age, You must abide by such age limits. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless Platform, Partners and their associates, service provider 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 Platform, Partners and their associates, service provider that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such individuals pursuant to these Terms of Use;

5.       You understand and agree that the listing of the underlying service provider, their profiles, information and any content regarding the Digital Services is a fully automated system. The listing does not represent any ranking or order of preference or endorsement by Platform / relevant Partner. The listing of the service provider is based on an automated system considering various internal factors including Users ratings, User comment/inputs as received by Platform / relevant Partner from time to time. Such a factor may be changed from time to time in order to improve the listing algorithm. Under no circumstances will Platform / relevant Partner shall be held responsible for the relevancy of the listing order of the Service Provider on the Platform.

 

6.       Platform / relevant Partner disclaims any guarantee of exactness as to the duration, type, satisfaction from any Digital Services fulfiled by any service provider respectively. Further, Platform / relevant Partner makes no representation that Digital Services as provided by relevant Partner / service provider are appropriate or safe for use.

 

7.       To the fullest extent permitted by law, Platform / relevant Partner disclaims all liability arising out of the User’s use or reliance upon the Platform, the Digital Services, representations and warranties made by the relevant Partner / service provider, the content or information provided by the relevant Partner / service provider on the Platform, or any opinion or suggestion given or expressed by relevant Partner / service provider or any Service Provider in relation to any Digital Services.

8.       In the event the Platform / relevant Partner(s) or their business partner(s) run any offers or discounts subsequent to Your purchase, neither Platform/ relevant Partner(s) or their business partner(s) are obliged to offer You the benefits under such subsequent offers, however Platform/ relevant Partner(s) or their 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, discounts and sales schemes/ campaigns.

9.       Without prejudice to the generality of the above, User understands and agrees that Platform/ relevant Partner(s) may not be involved in certain interactions between the User and the service provider and hence would not be responsible for the same.

10.   Users understands and agrees that Platform/ relevant Partner(s) will not be liable for: (i) any non-fulfilment of the service provider obligations; (ii) any issues that User has with the service provider, although on good-faith basis the Platform/ relevant Partner shall try resolving any issue (iii) quality of service or treatment being given by the service provider; (iv) any misconduct or inappropriate behaviour by the service provider or their staff; (v) any type of inconvenience suffered by the User due to a failure on the part of the service provider to provide agreed Digital Services.

11.   Platform reserves the right to temporarily / permanently disable Your account from booking further online Sessions on Platform or impose any other cancellation charges in the event You cancel / miss a scheduled Session or misuse the services.

Diverse Offerings:

Diverse Products:

1.       Company retails various multi-brand Diverse Products, which includes food items and merchandise etc. on the Platform. Diverse hereby disclaims any guarantees of exactness as to the taste, finish, appearance, size, color etc., of the Diverse Products as ordered by You.

2.       Return, exchange, cancellation and fulfilment of Diverse Products shall be as per the FAQs available on the Platform.

Diverse Booking Services and Other Diverse Services:

1.       In order to avail Other Diverse Services, You agree to having provided Your consent to Cult.fit, CultFit and Care.fit to share all health and other medical records provided by You to Cult.fit, CultFit and Care.fit and/or registered medical practitioners and third parties engaged by Cult.fit, CultFit and Care.fit with the Company.

2.       You can create a sub-account for family members and friends for availing Diverse Booking Services, subject to the conditions specified by Care.fit.  

3.       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. Cult.Fit, CultFit and Care.Fit also reserve the right to cancel or reschedule appointments.

4.       Cult.fit, CultFit and 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.

5.       All the terms and conditions in relation to the services provided by Care.fit or its service providers / partner doctors have been detailed on Care.fit’s website.

6.       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.

7.       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 hello@cult.fit or with our Grievance Office, 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.

Terms specific to underlying service provider (“Service Provider”) providing Digital Services:

1.       The Service Provider shall provide the Digital Services as per the booking details on the Platform.

2.       The Service Provider shall provide details of their working hours, available slots, locations, details regarding various sessions along with a description of the same in the manner as required by the Company/Vendor from time to time. The Service Provider shall provide at least a 2 (two)-week prior written notice in the event of any change in the above-mentioned details of the Service Provider to the Company/Vendor.

3.       The Service Provider shall at all times comply with such regulations as laid down in Service Provider Code of Conduct available on the Platform and / or shared by the Partner.

4.       The details of the Service Provider including contact details, sessions details, profile details, and such other information as required under applicable laws or as required by the User to avail the Digital Services may be listed and provided on the Platform. You understand and confirm that all such details of the Service Provider shall be as per the information provided by them, and Platform/ relevant Partner has no control over such details and information. The authenticity and genuineness of such information shall be Your sole responsibility and Platform/ relevant Partner shall have no liability with respect to the authenticity of such information.

5.       Based on the availability of the Digital Services, the Users shall be allowed to book an appointment/session/class with the Service Provider. A service request to avail the Digital Services may be placed by the Users in such manner as may be agreed between the Service Provider and Platform/ relevant Partner from time to time (“Service Request”). Upon acceptance of the Service Request by the Service Provider, it shall provide such services in diligent, timely and professional manner, in compliance with the applicable laws and at a minimum, in accordance with best-accepted industry practices applicable to the performance of such services, and in compliance with the terms and conditions of this Agreement.

6.       Any cancellation of an allocated and/or accepted Service Request by the Service Provider is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Service Provider to the Platform/ relevant Partner. The Service Provider must immediately contact CultFit if the Service Provider needs to cancel or refuse an allocated Service Request. Any such cancellation or refusal to provide Digital Services may lead to a deduction from, or withholding of part or whole of, the fee to the extent necessary to reimburse the actual cost, loss or expense to Platform/ relevant Partner of such cancellation or refusal.

7.       Service Provider agrees and confirms that the provision of any Digital Services shall solely be their responsibility and therefore Service Provider hereby agrees that any complaint/s by the Users regarding the Digital Services  will be considered to be a breach of the obligations by the Service Provider hereunder for which Platform/ relevant Partner shall not be responsible in any manner. Service Provider shall solely be liable or responsible for any loss or damage cause or suffered by any of the User pursuant to the receipt of the Digital Services. If there is any serious complaint regarding any Service Provider, Platform/ relevant Partner may, in its sole discretion, immediately terminate any arrangement with such Service Provider and delist the Service Provider.

8.       The Service Provider shall upon receipt of a notice in respect of improvement of service quality, take immediate steps to remedy the same at its own cost and expense failing which the Service Provider may be immediately delisted from the Platform.

9.       The Service Provider shall always ensure that the services are performed/ delivered in a manner so as to protect the reputation and goodwill of the Company, Platform, CultFit and/or any of its business associates and that it shall not act in a manner derogatory to the business and goodwill of the Company, Platform, Partners and/or any of their business associates. The Service Provider should not discriminate against the other Users for any reason, including on the basis of sex, race, caste, creed etc.

10.    The Service Provider must provide the Digital Services to Users: (a) in accordance with all applicable laws; (b) with all due care and skill; (c) in a courteous, effective and timely manner; and (d) in a manner as communicated / required by the Platform/relevant Partner, or their policies, from time to time.

11.    The Service Provider must not use or affix any Platform/ relevant Partner or any of their affiliates or associates branding (including their logo or other sticker) on any of the Digital Services unless agreed by the Parties or placed by the Platform/ relevant Partner or required by applicable law, in which case the Service Provider must adhere to the terms laid by the Platform/ relevant Partner.  

12.    The Service provider shall make himself/ herself/itself available for such training as Platform/ relevant Partner may be required to organize pursuant to Applicable Law or as Platform/CultFit may deem necessary.

13.    In the event the Platform/ relevant Partner or their business partner(s) run any offers or discounts subsequent to Your listing on the Platform, neither Platform/ relevant Partner or their business partner(s) are obliged to offer You the benefits under such subsequent offers, however Platform/ relevant Partner or their 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, discounts and sales schemes/ campaigns.

14.    The Service Provider shall ensure that any statistical data, feedback and other information collated and shared by Platform/ relevant Partner are not to be provided, shared or disseminated with any competitor of Platform or any other third parties under any circumstances whatsoever.

15.    The Service Provider hereby represents that the Digital Services being provided by it will not infringe any intellectual property right or any other right of Platform/ relevant Partner and/or any third party.

16.    Service Provider shall ensure that it has or has procured all rights, title and interest in patents, moral rights, copyrights, trademarks, proprietary marks and/or licensed software, service marks used or placed in relation to the Digital Services provided by the Service Provider, including but not limited to copyrights on any music, sequence of movements and formats which are part of its services. Service Provider shall indemnify and keep Platform, Company and/or relevant Partner(s) indemnified from any third-party infringement claims in respect of any Digital Services.  

17.    The Service Provider represents and warrants the following:

1.       It is duly registered, validly existing under the applicable laws of India and has the necessary power to execute, deliver and perform its obligations under this Agreement and is duly authorized for the purposes of entering into and duly performing its obligations as per the terms contained under this Agreement.  

2.       It has obtained all governmental approvals, statutory, regulatory or other third-party consents (including contractual counterparties), licences, authorisations, waivers or exemptions required to empower the Service Provider to enter into and perform their obligations under this Agreement. This obligation shall continue to be in full force and effect (or shall be in full force and effect) during the term of this Agreement.

3.       It has not received any notice or threat in writing, nor are there any claims or proceedings before any court or tribunal, which could reasonably be expected to prevent the Service Provider from fulfilling any of its obligations under this Agreement.

4.       The execution, delivery and performance by it of its obligations under this Agreement does not and will not contravene any applicable laws, regulation or order of any governmental authority or any judgement or decree of any court having jurisdiction over it or conflict with or result in any breach or default under, or accelerate any obligation under, any agreement to which the Partner is a party or by which it is bound.

Acceptance of Terms of Use

1.       Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by the Company at its sole discretion 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 cult.fit website and mobile app.

2.       The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. It shall be Your responsibility to check this Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes to this Terms of Use on the Platform, will constitute Your consent and acceptance of those changes.

Use of Care.fit Services.

1.       As part of the Care.fit Services on the Platform, the Company will facilitate the connection between the end-users and the registered medical professional for physical / in-person and tele-consultations and diagnostic services, delivery of healthcare using electronic communications, information technology or other means between the medical practitioner/service provider and a patient who are not in the same physical location. While the provision of telemedicine services may offer certain potential benefits, there are also potential risks associated with the use of telemedicine services.

 

2.       You acknowledge that you have been provided with necessary information and based on the same, you provide your consent, authorization for the remote telehealth services, including use of the Platform. You understand that you may withdraw your consents at any time, however, the Company may not provide you with the Service in such cases. The Company may suspend your account or terminate your access to the Service if you withdraw consent. You understand that the telemedicine treatments have certain material risks / complications, and have been provided with the requisite information about the same.

 

3.       By accepting these Terms, you acknowledge that you understand and agree with the following:

 

(a)    Although you may reasonably expect the intended benefits from the use of the Care.fit Services, no benefits or results can be guaranteed or assured; and

(b)    You understand that the laws that protect the privacy and security of health information may apply to aspects of the Care.fit Services, and you have read the Privacy Policy, which describes these protections in more detail.

 

4.       You undertake to use the Platform in terms of applicable law and report any instance of non-compliance of applicable law, as part of the medical consultation, diagnostic services and other processes or systems on the Platform, including as per the Code of Ethics Regulations, 2002 and Telemedicine Practice Guidelines dated March 25, 2020 issued by the Board of Governors, National Medical Commission, as applicable, at the earliest to the Company and provide your fullest cooperation and support to fulfil reporting obligations applicable to us.

 

5.       End-users should seek emergency help or follow-up care when recommended by a medical practitioner or when otherwise needed, and continue to consult with their primary care physician and other healthcare professionals as recommended. As with any healthcare service, there are potential risks associated with the use of telehealth services. These risks include, but may not be limited to:

 

(a)    In rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate healthcare decision making by the medical practitioner;

(b)    Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;

(c)     In rare cases, a lack of access to all of your health records may result in adverse drug interactions, hypoglycemic events, allergic reactions or other judgment errors;

(d)    Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, security protocols can fail or be breached, causing a breach of privacy of personal health information;

(e)     The medical practitioner will inform you of alternative methods and therapies to the proposed treatment / intervention, their respective benefits, material risks and disadvantages, if any, including that there are other undefined, unanticipated, unexplainable risks / complications that may occur during or after the proposed treatment / intervention, and will answer all questions to regarding the proposed treatment. However, despite best efforts, there can be no assurance about the results or outcome of the proposed treatment / intervention and that there cannot be any guarantee or warranty about the results or outcome of the proposed treatment / intervention.

(f)      The medical practitioner may determine that the Platform is not appropriate for some or all of your needs, and accordingly may elect not to facilitate telehealth services through the Care.fit Service.

 

 

Eligibility to Use

 

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 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.

 

2.       The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.

 

3.       In case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of the Company, it has the right to terminate the access or usage rights of the Users to the computer resource immediately or remove non-compliant information or both, as the case may be. The Company will periodically inform its Users, at least once every year, of the compliance requirements set-out in this Terms of Use and the Privacy Policy or any changes thereto.

 

4.       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

1.       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”).

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.

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 (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.

4.       Use of another User’s Account information for availing the Platform Services is expressly prohibited.  

Fees, Charges and Subscriptions

1.       Any Digital Services membership may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription within a free trial, we may begin billing You for periodical membership fees at the time of subscription purchase or at the end of the free trial period unless you cancel your membership prior to the end of the free trial period, at our sole discretion.

2.       You agree to pay for all fees and charges incurred while using the Digital Services and the Platform Services. Additional taxes or third party charges may apply.

3.       You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annual, recurring, non-recurring subscription options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

4.       Non-recurring subscription(s) are non-cancellable. However, You may cancel your recurring subscription(s) 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.

5.       Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users, including those having only booked / utilised trial services, or trial users of the Platform do not qualify as new users. No promotion code or discount will apply to any services / products unless otherwise stated on the Platform. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription or membership purchased.

Payment Services

1.       All payments in respect of the Platform Services shall be made to the Company through the Platform. 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 vendors and service providers, including payment gateways, to process payments and manage payment card information.  

2.       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: (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 shall use the Payment Details as described in the Company’s Privacy Policy .You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.  

3.       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. Company collects the payment on behalf of the respective Vendor, and eventually settles the same.

4.       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.

Refund Policy

1.       Fitness Services – Any Cult.fit / Mind.fit memberships / sessions / classes / activity bookings bought by You are non-refundable, non-exchangable, and non-saleable.

2.       CultPass Services - Any CultPass memberships / sessions / classes / activity bookings bought by You are non-refundable, non-exchangable, non-saleable and non-transferrable.

3.       Food Products – You can request for cancellation / pausing of Food Product orders with scheduled deliveries and request for refund / adjustment in future orders against the same. However, acceptance of cancellation / pause requests shall be at the sellers’ / Company’s discretion and dependent on the cancellation cut-off time and the quantity of Food Products ordered by You. There shall be no refunds for on-demand Food Product orders.

4.       CareFit Services - In the event of permitted / Care.Fit cancellations, refunds shall be made within 7-8 days’ from the date of such cancellation to the original source of your payment.

5.       Diverse Products – Please refer to FAQs available on the Platform for requesting refunds in case of Diverse Products.

6.       Digital Services - You may request cancellation of your subscription to the Digital Services, however the same must be done before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Details you have provided. Refunds cannot be claimed for any partial-term subscription period.

7.       The Company and / or relevant service provider(s) / vendor shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.

8.       With regards to payments, 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

1.       Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, revocable, limited privilege to access and use this Platform and the Platform Services. You agree to use the Platform Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes 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.

2.       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, bookings, documents or information through any means not specifically made available through the Platform.

3.       You acknowledge and agree that by accessing or using the Platform or Platform Services or Content, 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.

4.       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 information/data that is inconsistent with these Terms of Use.

5.       Further, You undertake not to:  

1.       defame, abuse, harass, threaten or otherwise violate the legal rights of others;

2.       publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

3.       copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company;

4.       conduct or forward surveys, contests, pyramid schemes or chain letters;

5.       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;

6.       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 or provide you undue advantage or benefit in purchasing goods / availing services;

7.       engage in any activity that interferes with or disrupts access to the Platform or the Platform Services or the Content (or the servers and networks which are connected to the Platform);

8.       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;

9.       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 Content, 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;

10.    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;

11.    collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.

12.    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;

13.    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;

14.    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;

15.    violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

16.    violate the Terms of Use contained herein or elsewhere; and

17.    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.

6.       Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any Content available on the Platform, subject to the following conditions:

1.       You may access the Content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;

2.       You may not modify or alter the Content available on the Platform;

3.       You may not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and

4.       You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.

Intellectual Property Rights

1.       The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, 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.

2.       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:

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. Without limiting the foregoing, the Company makes no warranty that (i) 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; (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 or Content will meet Your expectations; or (iv) 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.

2.       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.

3.       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.

4.       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 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.

Indemnification and Limitation of Liability

1.       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.

2.       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.

3.       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 User 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.

4.       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.

Violation of the Terms of Use

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 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 legal action against You as a result of Your violation of these Terms of Use, they 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.

 

Suspension and Termination

1.       The Terms of Use will continue to apply until 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. 

2.       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.

3.       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.

4.       You shall be liable to pay for any Platform Services that you have already ordered till the time of termination by either party whatsoever.

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

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 Platform Services, please report the same to the following e-mail id: hello@cult.fit or reach out to our Grievance Officer, whose contact information is detailed below:

·         Name: Mr. Srinivas Reddy

·         Email – grievance@diverseretails.com; and

·         Postal address – Diverse Retails Pvt. Ltd., Goodworks, Ground Floor, 21, 2nd Main Road, Electronics City Phase 1, Electronic City, Bangalore-560100 .

 

Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.

 

Communications

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 hello@cult.fit or contacting our Grievance Officer. However, this may limit the extent of Platform Services that you can avail.

 

General Provisions

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 hello@cult.fit or to our Grievance Officer with subject line - Attention: TERMS OF USE.

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.

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.

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.

 

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 hello@cult.fit. 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:

1.       the intellectual property that You believe is being infringed;

2.       the item that You think is infringing and include sufficient information about where the material is located on the Platform;

3.       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;

4.       Your contact details, such as Your address, telephone number, and/or email;

5.       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

6.       Your physical or electronic signature.

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