Terms & Conditions

AGREEMENT TO OUR TERMS

Your visit to/use of this site is governed by the following terms and conditions by using this website, you accept these terms and conditions in full.

By using this website (“https://fitness.tifc.co.in”) and agreeing to these terms and conditions, you also consent to this Site’s use of cookies in accordance with the terms of this Site’s Privacy Policy.

We are The India Fitness Connect, a company incorporated under the laws of India, having its registered office at A 203, 2nd floor, Cello Triumph I B Patel RD, Mumbai City, Goregaon East, Maharashtra-400063, India (“we”, “Company”, “us” or “our”).

The terms and conditions as set out herein (“Terms”) constitutes an agreement between the Company, and a natural or legal person who accesses and/or uses the Site in any manner (“you” or “your”).

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Any individual who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. individuals who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Site.

OUR SERVICES

The information provided when using the Site 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 Site 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.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in India.

Your use of our Site

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license, solely for your personal, non-commercial use, to:

  • access the Site; and
  • download or print a copy of any portion of the Content to which you have properly gained access,

Except as set out in this section or elsewhere in our Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Site will terminate immediately.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) any and 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; (4) you are not under the age of 18; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site 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 Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Site, 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.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Attempt to impersonate another user or person or use the username of another user.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Site’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.

THIRD-PARTY SERVICES

We may provide links to third-party websites, applications or content. Those third-party websites, applications or content and the parties that control them are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any third-party websites, applications or content to which we may provide links, and you hereby waive any claim you might have against Company, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members, and any other affiliated companies, entities or persons (other than the providers of the third-party websites) with respect to such websites, applications or content. You may order goods or services through links on our Site from third parties. All matters concerning such goods or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the third parties with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those third parties. You will not consider us – nor will we be deemed – a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of or relating to any transaction (whether directly or indirectly) between you and any other person or entity.

COMPANY DOES NOT WARRANT, ENDORSE, RECOMMEND, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GOOD OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR PORTAL, OR ANY HYPERLINKED THIRD-PARTY WEBSITE, APPLICATION, GOOD OR SERVICE. COMPANY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY TRANSACTION AND/OR COMMUNICATION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF GOODS OR SERVICES.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site 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 Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW AND DISPUTE RESOLUTION

All disputes and claims arising out of these Terms in relation to any or all transactions on the Portal is governed by the laws of India and shall be subject to exclusive jurisdiction of the competent courts of Mumbai.

DISCLAIMER

THE SITE IS AVAILABLE ON A AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold us harmless our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, violation of these Terms, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. To the maximum extent permitted by applicable law, in no event shall Company, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members or any other affiliated companies, entities or persons be liable under any theory of liability, including under contract, tort, negligence or otherwise for any indirect, punitive, incidental, special, consequential, exemplary, or similar damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, our Portal or any information, materials, goods and services provided by our affiliates, licensors, users or other third parties, even if we are advised beforehand of the possibility of such damages. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our Site or your account or the information contained therein. In no event shall Company, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members or any other affiliated companies, entities or persons be liable to you for any claims in an amount exceeding the amount you paid to Company hereunder or INR 1000, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

MISCELLANEOUS

i.

Force Majeure: We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any because which is beyond our reasonable control.

ii.

Waiver: No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

iii.

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

iv.

Amendment: These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms as available on the Site. Your relationship with the Site will be governed by the most current version of these Terms, as published on the Site.

CONTACT US
If you have any questions about this Site, the practices of this Site, or dealings with this Site, please contact us at info@tifc.co.in