TERMS AND CONDITIONS

(CORPORATES/INSTITUTIONAL/BULK ENGAGEMENTS)

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 these T&Cs (defined below) along with the cult.fit Terms of Use and Privacy

Policy (collectively referred to as “Agreement”) carefully before procuring / availing any Offerings (defined

below).

SCOPE & APPLICABILITY

These terms and conditions (“T&Cs”) mandate the terms on which businesses and other institutional and bulk

buyers / consumers (“Corporate Member(s)”) can purchase and / or otherwise procure fitness, diagnostic, health

related services, including any ancillary or other services, (“Services”), and fitness related or other equipment(s)

and / or products (“Products”) (Service and Products shall be jointly referred to as “Offerings”) for their

employees, clients and customers etc. (“End Users”). The Offerings may be availed through offline and / or online

channels, including through ‘Cult.fit’ website, m-web and mobile application, and / or the Fitternity website, m-

web and mobile application (collectively referred to as the “Platform”), as the case may be. End Users may be

required to register themselves on the Platform prior to accessing any Offerings, material and information etc.

Corporate Member(s)’ purchase / otherwise procurement of the Offerings for the End Users shall be deemed to

signify Corporate Member(s)’ acceptance of the Agreement and to be legally bound by the same. These T&Cs do

not alter in any way the terms or conditions of any other written agreement you may have with the Platform for

any Offerings.

AVAILABILITY, NATURE AND USE OF OFFERINGS

The Offerings may be provided to the Corporate Member and End User by a single seller or a set of sellers,

depending on the chosen Offering(s). For e.g., the fitness services can be availed through Curefit Services Private

Limited, while diagnostic and health related services can be availed through Healthface Private Limited. Any

fitness equipment(s), fitness bike, apparels, merchandise related products can be availed through Cultgear Private

Limited. All of the above, namely, CureFit Services Private Limited, Healthface Private Limited and Cultgear

Private Limited, and any other sellers (as the case may be), shall hereinafter be individually referred to as a “Seller”

and collectively be referred as “Sellers”.

The Offerings are non-cancellable, non-refundable and non-transferrable and accordingly no cancellation, refund

or transfer requests shall be accepted from the Corporate Member(s) or their End Users.

Corporate Member understands and agrees that start date (as communicated on email) and end date towards the

subscription to the Services shall be the same for all the End Users. Subscription price of any additional End User

shall be as per mutual discussion and agreement (if any) with the Corporate Member. Subscription price as agreed

at the time of subscribing to the Services shall be paid by the Corporate Member irrespective of low/non-usage,

medical issues etc.

Corporate Member shall upload required End User details such as valid work email ids, name, etc. of the End

Users on the dashboard for availing the Offerings. Corporate Member can add or remove End Users during the

term of the engagement, as may be agreed with the Sellers / Platform. If any End User’s valid email id or contact

number, etc. (as the case may be) is not uploaded on the dashboard, Offerings towards such End User shall not

commence without any recourse to such End User or Corporate Member.

Corporate Member or an End User is not allowed to make video recordings, copies or reproductions, in whole or

in part, of any of the digital content offering being provided as part of the Services on the Platform or try to reverse

engineer, decompress or decompile such digital content.

END USER DATA

All or either of the Sellers may provide the Corporate Member with a dashboard to manage and monitor partnered

offerings, participation and view statistics of their End User’s performance, participation frequency, etc. on the

Platform subject to fulfilment of requisite consent mechanism for receiving End User’s data directly through the

dashboard, in connection to their respective activities (including without limitation, data such as number of

sessions attended, End User's ranks, etc.). For any End User claims against the Platform operator and/or its

affiliates and Sellers for sharing such aforementioned data with the Corporate Member, Platform operator and/or

its affiliates and Sellers shall be indemnified and held harmless by the Corporate Member, who shall be solely

responsible for such claims.

DISCLAIMER OF WARRANTIES AND LIABILITY

Platform and all the Offerings available on the Platform or in offline mode and all related components and

information as provided by the Sellers or Platform are provided on an “as is” and “as available” basis without any

warranties of any kind, and the Platform operator and Sellers expressly disclaims any and all warranties, whether

express or implied, including but not limited to, the implied warranties of merchantability, and fitness for a

particular purpose. Corporate Member acknowledges that the Platform operator and Sellers do not warrant that

the Offerings will be uninterrupted, secure, or error-free, nor does it make any warranty as to the results that may

be obtained from use of the Offerings.

INTELLECTUAL PROPERTY

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

Platform operator, Seller(s) and / or their 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 Platform

operator, Seller(s) and / or their vendors and / or other respective third parties, as the case may be. Corporate

Member or the End Users are not permitted to use the Marks without the prior written consent of the relevant

party, or the vendors, or the third party that may own the Marks.

INDEMNIFICATION & LIMITATION OF LIABILITY

Platform operator and Seller(s) shall not be held liable to the Corporate Member(s) / End Users for any indirect,

special, incidental, consequential, punitive or exemplary damages even if the Platform operator and / or Seller(s)

have been informed of such damages. Platform operator and / or Seller(s)’s liability under any circumstances

whatsoever shall be limited to the amount paid by the Corporate Member to the Platform operator and / or Seller(s)

in the preceding three (3) months prior to the incurrence of the liability.

GOVERNING LAW AND JURISDICTION

These T&Cs shall be governed by and construed in accordance with the laws of India. The competent courts at

Bangalore shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these T&Cs.

GENERAL PROVISIONS

Force Majeure: Platform operator, Seller(s) and the Corporate member shall have no liability towards each other

if it is prevented from or delayed in performing its obligations due an event which is beyond its reasonable control,

including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport

or telecommunications network, act of God, war, riot, civil commotion, malicious damage, epidemic, pandemic,

compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or

machinery, fire, flood, storm.

Assignment: Corporate Member shall not assign its rights and obligations under the Agreement, whether partially

or in totality, to any other organisation.

Modifications: Platform operator and Seller(s) retain an unconditional right to modify or amend these T&Cs

without any requirement to notify the Corporate Member of the same. It shall be the Corporate Member’s

responsibility to check these T&Cs periodically for changes. Corporate Member’s continued use of the Offerings

through the End User following the posting of changes to these T&Cs on the Platform, will constitute Corporate

Member’s consent and acceptance of those changes.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of these T&Cs, 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 as reflected by that provision, and the remainder of the T&Cs shall continue in full force

and effect.

Waiver: Any failure by the Platform operator and / or Seller(s) to enforce or exercise any provision of the T&Cs,

or any related right, shall not constitute a waiver by the Platform operator and / or Seller(s) of that provision or

right.