‘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
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
any way the terms or conditions of any other written agreement you may have with the Platform for other
- 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”);
- 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
- Otherwise a user or visitor of the Platform (“You” “Your” or “Users”).
- 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 and products available on the Platform and provided by Company / Partners are listed
- 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
- 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”);
- Eat.fit food items (“Food
Products”) from CureFoods Private Limited;
- 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”);
- Purchase food items and original
merchandise such as clothing, footwear and accessories from various fashion
and lifestyle brands (“Diverse Products”);
- 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:
- 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”);
- 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”).
- (i) 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”);
- 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
- 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
- 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.
- 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
Fitness Services and CultPass Services:
- 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’;
- 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.
- 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
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;
- 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;
- 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.
- 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;
- You agree to abide by Fair Usage Policy mentioned below:
- 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
- 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.
- 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.
- 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.
- 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
- 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
- You agree to abide by CultFit and MindFit fitness center’s
of Conduct / House Rules. Additionally, you shall also abide by
CultPass Service Providers’ code of conduct / house rules.
- 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.
- 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.
- Cultfit may, from time to time, offer Cult Junior Memberships, which
shall have additional terms and conditions mentioned below:
- 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;
- 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;
- 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.
- 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.
- 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:
- 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.
- 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
- Prohibited Use: While CultFit is not
required to do so, it 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
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, or other activity which infringes the rights of CultFit or others; (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; and (e) act in a
- 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.
- Your single meals under Your food packs shall be delivered to You as per
the information provided by You to CureFoods or Company. Information provided by You shall include
Your contact details, food items selected for purchase, delivery address, time slot etc. Subject to
delivery service availability at Your location, availability of Food Product(s) and modification
cut-off timings, You may (i) change Your delivery address and/or time slot for Your order delivery;
(ii) change Your respective day’s single meal under the food pack; and (iii) pause the food
pack, subject to maximum validity and number of pauses available.
- Although the Platform provides a delivery time for Food Products,
however the same is merely an estimate and the actual delivery time may vary. Actual delivery time
is subject to weather and traffic conditions, delivery address distance from CureFoods kitchen
- In case Your order has been delayed beyond the delivery timeline or the
same is not upto Your expectations, please share Your complaint at email@example.com.
- CureFoods hereby disclaims any guarantees of exactness as to the taste,
finish, appearance, size, color etc., of the Food Product as ordered by You.
- 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.
- 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,
Terms of Digital Content Services and Digital Fitness Services:
- 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.
- 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.
- Any memberships / single Sessions bought or booked by You are
non-transferrable and non-refundable.
- 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.
- 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.
- 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
- 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.
- 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.
- 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:
- 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.
- 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
- 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
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
- 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 / 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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:
- 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.
- You can create a sub-account for family members and friends for availing
Diverse Booking Services, subject to the conditions specified by Care.fit.
- You may cancel or reschedule appointments using the Platform, subject to permitted cancellation & rescheduling timelines and
availability of a timeslot/registered medical practitioner of appointment. Cult.Fit, CultFit and
Care.Fit also reserve the right to cancel or reschedule appointments.
- 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.
- 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
- As part of the Platform Services provided to You, after availing such
services, You agree to provide honest feedback/review about the concerned Platform Service, if
required by the Company.
- In case of any dissatisfaction with the Platform Services, You shall
first file a formal complaint with the customer service of the Company, prior to pursuing any other
recourse. The complaints can be lodged at firstname.lastname@example.org, 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:
- The Service Provider shall provide the Digital Services as per the
booking details on the Platform.
- 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.
- 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.
- 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.
- 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.
- 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
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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
- 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.
- 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.
- The Service Provider represents and warrants the following:
- 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.
- 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.
- 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.
- 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.
- Use of and access to the Platform is offered to You upon the condition
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
website and mobile app.
- The Company retains an unconditional right to modify or amend this
of those changes.
Eligibility to Use
- The Platform Services are not available to minors i.e. persons under the
age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason
whatsoever. You represent that You are of legal age to form a binding contract and are not a person
barred from receiving Platform Services under the applicable laws.
- 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.
- You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You
are prohibited from selling, trading, or otherwise transferring Your Account to another party or
impersonating any other person for the purposing of creating an account with the Platform.
User Account, Password, and Security
- In order to avail the Platform Services (as defined hereinafter) on the Platform, You will have to
register on the Platform by providing details about Yourself, including Your name, address, contact
details and such other details as may be required on the Platform and create an account
- You shall ensure and confirm that the Account information provided by
You is complete, accurate and up-to-date. If there is any change in the Account information, You
shall promptly update Your Account information on the Platform. If You provide any information that
is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or
incomplete), or if the Company has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your
Account and refuse any and all current or future use of the Platform (or any portion thereof) at its
discretion, in addition to any right that the Company may have against You at law or in equity, for
any misrepresentation of information provided by You.
- You will be responsible for maintaining the confidentiality of the
Account information and are fully responsible for all activities that occur under Your Account. You
agree to (a) immediately notify the Company of any unauthorized use of Your Account information or
any other breach of security, and (b) ensure that You exit from Your Account at the end of each
session. The Company cannot and will not be liable for any loss or damage arising from Your failure
to comply with this provision. You may be held liable for losses incurred by the Company or any
other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a
result of Your failure in keeping Your Account information secure and confidential.
- Use of another User’s Account information for availing the
Platform Services is expressly prohibited.
Fees, Charges and Subscriptions
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
third-party vendors and service providers, including payment gateways, to process payments and
manage payment card information.
- 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
from time to time through the Platform.
- 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.
- 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.
- Fitness Services – Any Cult.fit / Mind.fit memberships / sessions /
classes / activity bookings bought by You are non-refundable, non-exchangable, and non-saleable.
- CultPass Services - Any CultPass memberships / sessions / classes /
activity bookings bought by You are non-refundable, non-exchangable, non-saleable and
- 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
- 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.
- Diverse Products – Please refer to FAQs available on the Platform for
requesting refunds in case of Diverse Products.
- 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.
- 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
- 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
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:
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.
- 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.
- 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.
- 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
- Further, You undertake not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of
- publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
- copy, republish, post, display, translate, transmit, reproduce or distribute
any Content through any medium without obtaining the necessary authorization from the
- conduct or forward surveys, contests, pyramid schemes or chain
- upload or distribute files that contain software or other material protected
by applicable intellectual property laws unless You own or control the rights thereto or have
received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of the Platform or another's
computer or provide you undue advantage or benefit in purchasing goods / availing services;
- 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
- attempt to gain unauthorized access to any portion or feature of the
Platform, any other systems or networks connected to the Platform, to any Company server, or to any
of the Platform Services offered on or through the Platform, by hacking, password mining or any
other illegitimate means;
- probe, scan or test the vulnerability of the Platform or any network
connected to the Platform, nor breach the security or authentication measures on the Platform or any
network connected to the Platform. You may not reverse look-up, trace or seek to trace any
information on any other User, of or visitor to, the Platform, to its source, or exploit the
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
- disrupt or interfere with the security of, or otherwise cause harm to, the
Platform, systems resources, accounts, passwords, servers or networks connected to or accessible
through the Platform or any affiliated or linked sites;
- collect or store data about other Users in connection with the prohibited
conduct and activities set forth in this Section.
- use any device or software to interfere or attempt to interfere with the
proper working of the Platform or any transaction being conducted on the Platform, or with any other
person’s use of the Platform;
- use the Platform or any material or Content for any purpose that is unlawful
activity which infringes the rights of the Company or other third parties;
- falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material contained
in a file that is uploaded;
- violate any applicable laws or regulations for the time being in force
within or outside India or anyone’s right to privacy or personality;
- reverse engineer, modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any information or
software obtained from the Platform.
- Except as expressly indicated herein, the Company hereby grants You a
non-exclusive, freely revocable, non-transferable access to view any Content available on the
Platform, subject to the following conditions:
- You may access the Content solely for personal, informational, and internal
- You may not modify or alter the Content available on the Platform;
- You may not distribute or sell, rent, lease, license or otherwise make any
Content on the Platform available to others; and
- You may not remove any text, copyright or other proprietary notices
contained in the Content downloaded from the Platform.
Intellectual Property Rights
- The Platform and the processes, and their selection and arrangement,
including but not limited to, all text, videos, graphics, user interfaces, 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.
- 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
- 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 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
- the Company will not be liable for any loss that You may incur as a
consequence of unauthorized use of Your Account or Account information in connection with the
Platform or Platform Services, either with or without your knowledge.
- the Company has endeavored to ensure that all the information on the
Platform is correct, but the Company neither warrants nor makes any representations regarding the
quality, accuracy or completeness of any data, information, or Platform Services. The Company shall
not be responsible for the delay or inability to use the Platform or related functionalities, the
provision of or failure to provide functionalities, or for any information, software,
functionalities and related graphics obtained through the Platform, or otherwise arising out of the
use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.
Further, the Company shall not be held responsible for non-availability of the Platform during
periodic maintenance operations or any unplanned suspension of access to the Platform that may occur
due to technical reasons or for any reason beyond the Company's control. You understand and
agree that any material or data 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
Indemnification and Limitation of Liability
- 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
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
of another, including any intellectual property rights.
- 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
- 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
(including negligence, product liability, or other theory), warranty, or otherwise, exceed the
amount of actual fees charged from You.
- 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.
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
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
Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop
accessing the Platform.
- 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
- If You or the Company terminate Your use of the Platform, the Company
may delete any Content or other materials relating to Your use of the Platform Services and the
Company shall have no liability to You or any third party for doing so. However, your transactions
details may be preserved by the Company for purposes of tax or regulatory compliance.
- You shall be liable to pay for any Platform Services that you have
already ordered till the time of termination by either party whatsoever.
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
Report Abuse and Grievance Redressal
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:
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 email@example.com. However, this
may limit the extent of Platform Services that you can avail.
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
Assignment: You cannot assign or otherwise transfer the
seeking Your consent.
Severability: If, for any reason, a court of competent
provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the
force and effect.
Waiver: Any failure by the Company to enforce or exercise
that provision or right.
If You believe the Platform or any of the Platform Services violates Your
intellectual property, You must promptly notify the Company in writing at firstname.lastname@example.org. These notifications should only be submitted by the
owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false
claim by You may result in the termination of Your access to the Platform. You are required to provide
the following details in Your notice:
- the intellectual property that You believe is being infringed;
- the item that You think is infringing and include sufficient information
about where the material is located on the Platform;
- a statement that You believe in good faith that the item You have
identified as infringing is not authorized by the intellectual property owner, its agent, or the law
to be used in connection with the Platform;
- Your contact details, such as Your address, telephone number, and/or
- a statement that the information You provided in Your notice is
accurate, and that You are the intellectual property owner or an agent authorized to act on behalf
of the intellectual property owner whose intellectual property is being infringed; and
- Your physical or electronic signature.
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