
Terms And Conditions
Last updated: 23/02/2022
Terms and Conditions
This document contains terms and conditions (“Terms of Use”) as an electronic record pursuant to the provisions of the Information Technology Act, 2000, (“IT Act”), and the rules, regulation and guidelines enacted thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures.
PLATFORM
Please note that (i) the software application, for use on small and wireless/computing devices, such as, smartphones and tablets and for use on desktop/computers under the name and style of ‘FITPASS’ (the “Application”); and (ii) the domain name www.fitpass.co.in (the “Website”), are owned, managed and operated by ASR Market Ventures Pvt. Ltd., a private limited company incorporated under the laws of India, having its principal office at 3E/2, Block E3, Jhandewalan Extension, Jhandewalan, New Delhi, Delhi 110055 (hereinafter collectively referred to as “FITPASS”, “Company”, “We”, “Us”, or “Our”). The terms ‘Application’ and ‘Website’ are hereinafter collectively and severally referred to as “Platform”.
GENERAL TERMS
For the purpose of these Terms of Use, wherever the context so requires, the terms “You”, “you”, “Your”, “your”, or “User”, shall mean any person who accesses, browses, uses or visits the Platform or registers on the Platform or avails any of the Services (as defined below) of the Platform.
The Platform offers a variety of content, services and products, including, usage, benefits and coverage of FITPASS Products (as defined below) pertaining to fitness and nutrition services, solutions and facilities as per the terms as contained herein, to the Users of the Platform and which includes, providing and facilitating the Users the access, benefits, coverage and usage of, Fitness Training Feature (as defined below), Fitness Centre Facility (as defined below), Nutritionist Facility (as defined below), Third Party Content Services (as defined below) and Product Purchase Facility (hereinafter collectively referred to as the “Services” and individually as “Service”).
The Terms of Use contained in this electronic record are read together with (i) the Privacy Policy (as defined below) of the Company, as available and uploaded on the Platform at https://fitpass.co.in/terms-and-conditions; and (ii) the guidelines, rules, terms, conditions and/ or policies and procedures or any other specific terms and conditions, in relation to any FITPASS Product(s)/ Platform/Company, as applicable or relating to the availing of the Services and/ or usage and access of the Platform, as posted on the Platform from time to time (collectively “Company’s Policies”). It is expressly clarified that the Privacy Policy and the Company’s Policies are deemed to be incorporated herein by reference and, together with these Terms of Use, and shall constitute the entire legally binding agreement between You and the Company in connection with your access, visit or use of the Platform and for availing of the Services, in any manner.
The Privacy Policy, and the Company’s Policies shall be considered as part and parcel hereof. Therefore, by impliedly or expressly agreeing to be bound by these Terms of Use and/or by using and accessing the Service(s) on the Platform, the User also agrees to be bound by the terms and conditions of the Privacy Policy, and the Company’s Policies, as may be updated, amended or revised from time to time. The User is requested to read these Terms of Use carefully before accepting the same and moving forward to using and accessing the Platform or availing any Service.
IN CASE YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN PLEASE REFRAIN FROM USING AND ACCESSING THE PLATFORM, REGISTERING ON THE PLATFORM AND AVAILING ANY OF THE SERVICES ON THE PLATFORM.
It is, further, clarified that by availing the Service(s) on the Platform, and/or visiting, viewing, accessing or otherwise using the Service(s) or information created, collected, compiled or submitted to the Platform, you are deemed to have agreed to these Terms of Use and all the policies of the Company/ Platform.
It is hereby clarified that the Company may, at its sole discretion, from time to time, change provisions related to any of the Services which also include changing of the extent and scope of the Services and/ or include any other category of service or facility within the term ‘Service’. You can determine when these Terms of Use were last revised by referring to ‘LAST UPDATED’ at the top of these Terms of Use. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms of Use. It shall be the User's responsibility to check these Terms of Use periodically for changes. It is, further, clarified that the User’s use and access of the Platform/Service(s) is subject to the most recent version of these Terms of Use made available on the Platform at the time of such use. The Company reserves the right to change, modify, amend, or update the Terms of Use, at its discretion, from time to time and such amended provisions of the Terms of Use shall be effective immediately upon being posted/ uploaded on the Platform.
These Terms of Use are published in compliance of, and is governed by the provisions of the IT Act and the rules, regulations, guidelines and clarifications framed there under.
DEFINITIONS
“Applicable Laws” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other government