Welcome to NEERAJ ADHLAKHA FITNESS (the “Platform”), which is provided by NEERAJ ADHLAKHA FITNESS
This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms and Conditions for access or usage of Platform through neerajadhlakhafitness Mobile Application (hereinafter referred to as “Mobile Application”) and Website - [www.neerajadhlakhafitness.com] (hereinafter referred to as "Website") and our related Website, Application, Services, Products and content (together with the Mobile Application and Website, collectively referred to as “Services”).
User Agreement: These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and NEERAJ ADHLAKHA FITNESS (“NAF”, “Company”, “Coach” “we,” “us” or “our”), concerning your access to and use of the Website and Neeraj Adhlakha Fitness Mobile Application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website and Mobile Application”). NAF may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"), providing the Services to you on behalf of NAF. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement. You agree that by accessing the Website and/or Mobile Application, you have read, understood, and agree to be bound by all of these Terms and Conditions.
IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY.
Changes to Terms & Conditions: Supplemental terms and conditions or documents that may be posted on the Website/Mobile Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website/Mobile Application or using any of the Services after the date such revised Terms and Conditions become effective.
The information provided on the Website/Mobile Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website/Mobile Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Eligibility:
You must be at least 18 to enroll with a coach on the Platform. If you are below the
ages of 18 (“Minor”), you may use our Services only with the supervision and consent
of a parent or guardian. No individual under these age limits may use our Services,
provide any Personal Data to NAF, or otherwise submit Personal Data through the
Services (e.g., a name, address, telephone number, or email address).
As a minor if you wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Website or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that the Minor using the Website has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your account and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that you confirm to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Website.
In consideration of being allowed to participate in the Strength and Conditioning, Yoga, Martial Arts, Zumba, Nutrition and Fitness and Mindfulness Coaching Services offered by NAF and to use its Strength and Conditioning, Yoga, Martial Arts, Zumba, Nutrition and Fitness and Mindfulness Coaching Services, in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless NAF and its coaches, consultants, officers, agents, and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from your participation in any activities, or your use of any Strength and Conditioning, Yoga, Martial Arts, Zumba, Nutrition and Fitness or Mindfulness Coaching Services. You do also hereby release NAF, its coaches, consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to you, or in any way arising out of or connected with your participation in any activities with NAF.
You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. You also understand that fitness activities involve a risk of loss of personal property, serious injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved. You hereby agree to expressly assume and accept any and all risks of loss of personal property, serious injury or death related to said fitness activities. In addition, You certify that you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated.
And You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to NAF before beginning any fat loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the Services. You do hereby acknowledge that NAF has recommended to you to obtain a physician's approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that NAF has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician's permission to participate, or that you have decided to participate in activity and use of equipment, machinery, and programs designed by NAF without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.
NAF DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE COACHES/TRAINING SPECIALISTS AND AVAILABLE ON THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR.
YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE NAF PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF NAF SERVICE USERS).
The Nutrition/Training Plans provided by the coaches/training specialists and available on NAF are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new Nutrition and/or training plan. You understand that you are agreeing to the terms of the Company i.e NEERAJ ADHLAKHA FITNESS having known that beforehand and understand that not following the instructions and structured Nutrition Plans entirely and regularly will not produce 100% results.
LIFE COACHING DISCLAIMER: You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the use of the Services and Your interactions with the Coach. As such, You agree that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the Indian Psychiatric Society Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Your exclusive responsibility to seek such independent professional guidance as needed. If You are currently under the care of a mental health professional, it is recommended that You promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by You and the Coach.
You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.
By using the Website/Mobile Application, you represent and warrant that:
1. all registration information you submit will be true, accurate, current, and
complete.
2. you will maintain the accuracy of such information and promptly update such
registration information as necessary;
3. you have the legal capacity and you agree to comply with these Terms and
Conditions;
4. you are not a minor in the jurisdiction in which you reside;
5. you will not access the Website/Mobile Application through automated or non human means, whether through a bot, script or otherwise;
6. you will not use the Website/Mobile Application for any illegal or unauthorized
purpose;
7. your use of the Website/Mobile Application will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website/Mobile Application (or any portion thereof).
You may be required to register with the Website/Mobile Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Prior to, or during, the course of your Training Specialist, health concerns may arise that may require further input from your doctor, physiotherapist, or other allied health care professional. If such concerns arise, you should consult an appropriate health professional before continuing your Training Specialist sessions. Please be aware that the Training Specialists are not health care professionals and cannot diagnose and/or prescribe treatment for any form of injury, disease, or other medical problem.
You understand that you have the complete right to stop or decrease exercise at any time during a session, and that it is your obligation to notify your physician or seek medical attention immediately if you develop any symptoms such as fatigue, shortness of breath or chest discomfort.
Training Specialist or You will provide the equipment or machinery to be used in connection with workouts, including, but not limited to, benches, dumbbells, barbells, and similar items (“Equipment”), and You will have control over the area in which you perform your workouts. You represent and warrant any and all Equipment you provide for training sessions (“My Equipment”) is for personal use only. The Training Specialist has not inspected your Equipment and has no knowledge of its condition. You understand and You take the sole responsibility for your Equipment. You acknowledge that although the Training Specialist takes precautions to maintain the Equipment provided by the Training Specialist (“His Equipment”), His Equipment and/or Your Equipment (“His or Your Equipment”) may malfunction and/or cause Injuries and Changes (as defined below) and that You take sole responsibility to inspect any and all of His or Your Equipment. Furthermore, You take sole responsibility for any Injuries or Changes Training Specialist sustains while using Your Equipment to demonstrate an Activity, or otherwise, and agree to indemnify the Training Specialist for any and all medical expenses and lost wages related to his use of Your Equipment.
We accept the following forms of payment:
- Credit Card
- Debit Card
- Net Banking
- Mobile Wallets
- UPI
- Cashfree
- Cash (Only in personal meeting)
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website/Mobile Application. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Website/Mobile Application. We may change prices at any time. All payments shall be in Indian National Rupees.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website/Mobile Application.
Only Packages/Plans are refundable no later than 30 days of purchase. Specific goals packages Sports Nutrition Package, General Well Being Family Package, Pre-Wedding Makeover Package, Contest Prep/Pre Photo Shoot Package are non-refundable, non-exchangeable, non-saleable and non-transferable. All packages/plan will start from the date of purchase and are non-exchangeable, non saleable and non-pausable.
In case of cancellation of a package:
For 3 months Package Rs.4000 ( INR) will be deducted and 3 months Couple
Package Rs.6000 ( INR) will be deducted.
For 6 months Package Rs.4000 ( INR) will be deducted and 3 months Couple
Package Rs.5000 ( INR) will be deducted.
For 12 months Package Rs.4000 ( INR) will be deducted and 3 months Couple
Package Rs.5000 ( INR) will be deducted.
If you are not satisfied with our services then you can ask for a coach change in the same tier as of your purchase or a refund by raising a ticket to cancel your package subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect immediately upon approval.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
1. Systematically retrieve data or other content from the Website/Mobile
Application to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
2. Make any unauthorized use of the Website/Mobile Application, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the
Website/Mobile Application.
4. Use the Website/Mobile Application to advertise or offer to sell goods and
services.
5. Circumvent, disable, or otherwise interfere with security-related features of the
Website/Mobile Application, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Website/Mobile
Application and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Website/Mobile Application.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or
misconduct.
9. Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
10.Interfere with, disrupt, or create an undue burden on the Website/Mobile
Application or the networks or services connected to the Website/Mobile
Application.
11.Attempt to impersonate another user or person or use the username of another
user.
12.Sell or otherwise transfer your profile.
13.Use any information obtained from the Website/Mobile Application in order to
harass, abuse, or harm another person.
14.“Stalk” or otherwise harass another user or employee of the Services.
15.Access or attempt to access another user's account without his or her consent.
16.Use the Website/Mobile Application as part of any effort to compete with us or
otherwise use the Website/Mobile Application and/or the Content for any
revenue-generating endeavor or commercial enterprise.
17.Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Website/Mobile Application.
18.Attempt to bypass any measures of the Website/Mobile Application designed to
prevent or restrict access to the Website/Mobile Application, or any portion of
the Website/Mobile Application.
19.Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion of the Website/Mobile Application to you.
20.Delete the copyright or other proprietary rights notice from any Content.
21.Copy or adapt the Website/Mobile Application software, including but not limited
to Flash, PHP, HTML, JavaScript, Angular or any other code.
22.Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party's
uninterrupted use and enjoyment of the Website/Mobile Application or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Website/Mobile Application.
23.Upload or transmit (or attempt to upload or to transmit) any material that acts as
a passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”).
24.Except as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses
the Website/Mobile Application, or using or launching any unauthorized script or
other software.
25.Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Website/Mobile Application.
26.Use the Website/Mobile Application in a manner inconsistent with any applicable
laws or regulations.
Your privilege to use the Services (including your ability to contribute to discussions on the Public Forum or communicate with Coaches and/or other users on NAF) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION TECHNOLOGY AMENDMENT ACT, 2008, NEERAJ ADHLAKHA FITNESS IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.
As part of the Services, NAF maintains a food database that contains a combination of nutritional information entered directly by Neeraj Adhlakha Fitness and nutritional information entered by NAF users (“Food Database”). Please be advised that nutritional information found in the Food Database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information.
NEERAJ ADHLAKHA FITNESS DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL NAF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION.
You are solely responsible for ensuring that any nutritional information in the Food Database is accurate, complete and useful. Nutritional information in the Food Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of NEERAJ ADHLAKHA FITNESS.
We may provide you areas on the Website/Mobile Application to leave reviews or ratings. When posting a review, you must comply with the following criteria:
1. you should have firsthand experience with the person/entity being reviewed;
2. your reviews should not contain offensive profanity, or abusive, racist, offensive,
or hate language;
3. your reviews should not contain discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual orientation, or disability;
4. your reviews should not contain references to illegal activity;
5. you should not be affiliated with competitors if posting negative reviews;
6. you should not make any conclusions as to the legality of conduct;
7. you may not post any false or misleading statements;
8. you may not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
If you access NAF via a mobile application, then we grant you a revocable, non exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not:
1. decompile, reverse engineer, disassemble, attempt to derive the source code of,
or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access
or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the application;
5. use the website/application for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environmental permitting
access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any
unsolicited commercial e-mail;
9. use any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the application.
As part of the functionality of the Website/Mobile Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: providing your Third-Party Account login information through the Website/Mobile Application; or allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that:
1. we may access, make available, and store (if applicable) any content that you
have provided to and stored in your Third-Party Account (the “Social Network
Content”) so that it is available on and through the Website/Mobile Application
via your account, including without limitation any friend lists and;
2. we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you choose and
subject to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts
may be available on and through your account on the Website/Mobile
Application. Please note that if a Third-Party Account or associated service
becomes unavailable or our access to such Third-Party Account is terminated
by the third-party service provider, the Social Network Content may no longer
be available on and through the Website/Mobile Application. You will have the
ability to disable the connection between your account on the Website/Mobile
Application and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Website/Mobile Application. You can deactivate the connection between the Website/Mobile Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website/Mobile Application ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Website/Mobile Application may contain (or you may be sent via the Website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website/Mobile Application or any Third-Party Content posted on, available through, or installed from the Website/Mobile Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website/Mobile Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website/Mobile Application or relating to any applications you use or install from the Website/Mobile Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your use and purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to:
1. monitor the Website/Mobile Application for violations of these Terms and
Conditions;
2. take appropriate legal action against anyone who, in our sole discretion, violates
the law or these Terms and Conditions, including without limitation, reporting
such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof;
4. in our sole discretion and without limitation, notice, or liability, to remove from
the Website/Mobile Application or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems;
5. otherwise manage the Website/Mobile Application in a manner designed to
protect our rights and property and to facilitate the proper functioning of the
Website/Mobile Application.
Please be advised the Website/Mobile Application is hosted in the EU Region as per the GDPR Guidelines. If you access the Website/Mobile Application from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India or EU, then through your continued use of the Website/Mobile Application, you are transferring your data to India and EU, and you expressly consent to have your data transferred to and processed in India and stored in EU region. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Website/Mobile Application as quickly as is reasonably practicable.
These Terms and Conditions shall remain in full force and effect while you use the Website/Mobile Application.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITION, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE/MOBILE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND MOBILE APPLICATION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Website/Mobile Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website/Mobile Application. We also reserve the right to modify or discontinue all or part of the Website/Mobile Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website/Mobile Application.
We cannot guarantee the Website/Mobile Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website/Mobile Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website/Mobile Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website/Mobile Application during any downtime or discontinuance of the Website/Mobile Application. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website/Mobile Application or to supply any corrections, updates, or releases in connection therewith.
These Terms and Conditions and your use of the Website/Mobile Application shall be
governed by and shall be construed in accordance with the laws of India. All disputes
relating to this Agreement shall be settled in the courts located at JAIPUR,
RAJASTHAN.
Any cause of action arising out of a User's use of Services must be commenced within
30 (thirty) days after:
1. when such cause of action accrues;
2. such User becomes aware of the facts giving rise to the cause of action,
whichever is later, else, such cause of action shall be permanently barred.
If any dispute, controversy or claim arises under this Agreement or in relation to any Service or the NAF Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, NAF may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Jaipur, Rajasthan and the language of this arbitration shall be English. Either You or NAF may seek any interim or preliminary relief from a court of competent jurisdiction in Jaipur necessary to protect the rights or the property belonging to You or NAF (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor NAF may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and NAF. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this Agreement.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
1. no arbitration shall be joined with any other proceeding;
2. there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures;
3. there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
1. any Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party;
2. any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use;
3. any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
There may be information on the Website/Mobile Application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website/Mobile Application at any time, without prior notice.
THE WEBSITE/MOBILE APPLICATION IS PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE/MOBILE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE/MOBILE APPLICATION'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE/MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE/MOBILE APPLICATION, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE/MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE/MOBILE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE/MOBILE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
1. your Contributions;
2. use of the Website/Mobile Application;
3. breach of these Terms and Conditions;
4. any breach of your representations and warranties set forth in these Terms and
Conditions;
5. your violation of the rights of a third party, including but not limited to intellectual
property rights;
6. any overt harmful act toward any other user of the Website/Mobile Application
with whom you connected via the Website/Mobile Application. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Website/Mobile Application for the purpose of managing the performance of the Website/Mobile Application, as well as data relating to your use of the Website/Mobile Application. Although we encrypt and perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website/Mobile Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Website/Mobile Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website/Mobile Application, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE/MOBILE APPLICATION.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by NEERAJ ADHLAKHA FITNESS on the Website/Mobile Application or in respect to the Website/Mobile Application constitute the entire agreement and understanding between you and NAF. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Website/Mobile Application. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Website or to receive further information regarding the use of the Website, please contact us at:
203, Officer's Campus Extension, Khatipura
Jaipur, Rajasthan - 302012
India
Phone: +91-96100-19777