This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.fitnesskichowki.com website and Fitness Ki Chowki application for mobile and handheld devices.
Please read the Terms and Privacy Policy carefully before using or registering on the Website or accessing any material, information or Website Services through the Platform. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Fitness Ki Chowki and you signify your acceptance to the Terms of Use and other Fitness Ki Chowki policies (including but not limited to the Termination & Refund Policy and Privacy Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
The Platform (defined herein) is operated and owned by Excel Fitness Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at Sr. No. 18/1/2, near quality washing Centre, Dhanori, Pune City, Pune, Maharashtra - 411015. For the purpose of these terms of Use(“Terms of Use”), wherever the context so requires, ”you” or “Your” or “Yourself” or “Members” shall mean any natural or legal person who has agreed to become a member or customer on the Platform by registering on our website www.Fitness Ki Chowki.in (the “Website”), and our “Fitness Ki Chowki” application for mobile and handheld devises (the “App”) as a registered user. The terms “Fitness Ki Chowki”, “we” or “us” or “our” or “ourselves” or “Company” shall mean Excel Fitness Private Limited. The Website and the App are jointly referred to as the “Platform”.
AMENDMENTS
These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other Fitness Ki Chowki policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Fitness Ki Chowki policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other Fitness Ki Chowki policies. As long as you comply with these Terms of Use, Fitness Ki Chowki grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Fitness Ki Chowki policies (including but not limited to Refund Policy, Privacy Policy, and Notice) as may be posted on the Platform from time to time.
PLATFORM SERVICES
You acknowledge that the Platform is a web service that allows You to avail services / buy products directly from Fitness Ki Chowki as well as from various vendors. Some of the services and products available on the Platform are listed below:
Purchase and avail Fitness Ki Chowki physical fitness Centre memberships / classes, personal trainings and allied services (“Fitness Services”);
Purchase any transformation services or corporate wellness services or online consultation or physical consultation, nutrition coach’s appointments or recommended nutrition supplements (“Transformation Services”);
things such as clothing, footwear and accessories from Fitness Ki Chowki (“Allied Products”)
Booking appointments/sessions of Fitness Services and Transformation Services; and (ii) communicating instructions for Allied Products ("Allied Booking Services”);
Allied Products, Allied Booking Services and Other Allied Services shall be collectively referred to as “Allied Offerings”. Fitness Services, Transformation Services and Allied Offerings shall be collectively referred to as “Platform Services” and shall be provided by any third party with whom the Company has contractual arrangements (“Vendors”). The Company shall facilitate the provision of the Platform Services and independently provide Allied Offerings and provide such other services (including account creation and management, management of various products and services purchased / booked on the Platform, payment and transaction summary generation services etc.) to You by allowing You to register and access the Platform on the terms and conditions set forth below. Fitness Ki Chowki shall also assist its accompanying entities (“Franchisee”) by providing its Platform to sell Platforms Services.
The Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, exchange policy, return policy, etc.) which are briefly mentioned below.
Fitness Services:
Fitness Ki Chowki or its Franchisee may, from time to time, offer event programs for different aged people and enroll them for various purposes subject to terms and conditions for such enrolment at that time. Fitness Ki Chowki shall also allow Junior Memberships within an age group of children of 5 to 17 years, for which parent or guardian of such children shall duly sign consent terms or approve the consent terms as prescribed by Fitness Ki Chowki or its Franchisee.
ALLIED PRODUCTS
You may order Allied Products such as Protein, supplements, and merchandise from the Platform. You are supposed to collect the said Allied Products from your home Centre. Fitness Ki Chowki assumes no responsibility with respect to quality of products.
Booking appointments/sessions of Fitness Services and Transformation Services; and (ii) communicating instructions for Allied Products ("Allied Booking Services”);
ALLIED BOOKING SERVICES:
You may book, cancel or reschedule appointments using the Platform, subject to permitted cancellation & rescheduling timelines and availability of a timeslot/registered Batches.
Fitness Ki Chowki 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.
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 Fitness Ki Chowki.
In case of any dissatisfaction with the Platform Services, you shall first file a formal complaint with the customer service of the Fitness Ki Chowki, prior to pursuing any other recourse. The complaints can be lodged at fitnesskichowki@gmail.com, 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 Fitness Ki Chowki on the complaints shall be final and You agree to be bound by the same.
Acceptance of Terms of Use:
General terms of Eligibility:
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy in the prescribed format. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Fitness Ki Chowki policies, you shall immediately discontinue its use. Fitness Ki Chowki or its Franchisee reserves the right to terminate your Membership and / or deny access to the platform if it is brought Fitness Ki Chowki’s or its Franchisee’s notice that you are under the age of 18 years.
Fitness Ki Chowki at all times reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
You may have one Fitness Ki Chowki Account and not permitted to create multiple accounts. If found, you are having multiple accounts, Fitness Ki Chowki reserves right to suspend such multiple account without being liable for any compensation. Additionally, you will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
Account Registration or use of the Platform:
You may access the Platform by registering to create an account (“Fitness Ki Chowki Account”) and become a member (“Membership”); or (c) you can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third-Party Account”, via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Fitness Ki Chowki Account with Third-Party Accounts, by either:
You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), 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 such third party service providers.
By granting us access to any Third-Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Platform via your Fitness Ki Chowki Account.
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
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 will be available on and through your Fitness Ki Chowki Account on the Platform.
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, then SNS Content will no longer be available on and through the Platform.
We will create your Fitness Ki Chowki Account for your use of the Platform services based upon the personal information provided by you to us or that we obtain via an SNS, as described above. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your Fitness Ki Chowki Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or for us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Fitness Ki Chowki Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Fitness Ki Chowki Account.
Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
Use of another User’s Account information for availing the Platform Services is expressly prohibited.
Bookings and Financial Terms:
All payments in respect of the Platform Services shall be made to Fitness Ki Chowki through the Platform or payment gateways at the centres. All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Fitness Ki Chowki is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Fitness Ki Chowki is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
You agree to pay us for the total amount for the services chosen by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable price list for Fitness Ki Chowki or its Franchisee. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
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. Fitness Ki Chowki shall use the Payment Details as described in the Company’s Privacy Policy. You may add, delete, and edit the Payment Details, you have provided from time to time through the Platform.
The payment receipt/final tax invoice for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by Fitness Ki Chowki, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address.
Except to the extent otherwise required by applicable law, Fitness Ki Chowki shall not be liable for any payments authorized through the Platform using Your Payment Details. Particularly, Fitness Ki Chowki shall not be 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 Fitness Ki Chowki’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
Refund Policy:
Use of Platform:
Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, limited privilege to access and use this Platform and the Platform Services. You agree to use the Platform Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Platform Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Fitness Ki Chowki/other Users.
If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
By using the Platform, you represent and warrant that:
You release and fully indemnify Fitness Ki Chowki and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Fitness Ki Chowki cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform. Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.
The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, 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 Excel Fitness Private limited and / or its licensors (if any) 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 Excel Fitness Private Limited and / or Vendor 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 Fitness Ki Chowki, or the Vendors, or the third party that may own the Marks.
Disclaimer:
Indemnification and Limitation of Liability:
Violation of the Terms of Use:
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Fitness Ki Chowki and/or its Franchisee 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 Fitness Ki Chowki and/or its Franchisee and/or Vendors obtaining may have at law or in equity. If the Company and/or Vendors takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
Suspension and Termination:
The Terms of Use will continue to apply until terminated by either You or Fitness Ki Chowki as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform
Fitness Ki Chowki or its Franchisee may delist You or block Your future access to the Platform or blacklist you or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically & penalize for the same. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.
If You or Fitness Ki Chowki or its Franchisee terminate Your use of the Platform, Fitness Ki Chowki 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.
Governing Law and Dispute Resolution:
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts tribunals, fora, applicable authorities at Pune, India.
Report Abuse and Grievance Redressal:
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform or if You wish to report a grievance regarding Platform or Platform Services, please report the same to the following e-mail id: fitnesskichowki@gmail.com.
Communications:
You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company, Vendors and other third parties relating to the Platform Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to fitnesskichowki@gmail.com However, this may limit the extent of Platform Services that you can avail.
General Provisions:
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