For the purposes of this Agreement, all the defined and captioned terms have such meaning as assigned to them herein below:
1. “Buyers” shall mean Users who or which use Services to purchase fitness products and services through the Website
2. “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
4. “Sellers” shall mean individuals and organizations who or which display, market and sell their fitness products and services through the Website, but excludes GymEasy.
5. “Services” shall mean services provided by GymEasy, including provision of Website and Mobile Applications to Users, information about sellers, providing means to access them, sale of memberships and subscriptions and display, marketing and/or sale of fitness product and services by GymEasy through the Website and other services provided through the Website to promote fitness and products.
6. “Terms” shall mean these terms and conditions of use and service which form a part of the Agreement governing Users’ relationship interest and with GymEasy.
7. “Users” shall mean any Person who or which uses the Services, including Buyers and Persons who or which access the Website or any Content displayed thereof.
8. “Website” shall mean the online platform www.GymEasy.in as provided by GymEasy to provide Services, including facilitating display, marketing and sale of fitness products and services and information fitness and healthy lifestyle.
Any capitalized terms not defined above in Clause 1.1 will have such meaning as assigned to them under the respective Clauses of the Agreement.
1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly stated otherwise.
2. Any reference to one gender includes a reference to the other gender(s), unless explicitly provided for.
3. Headings and captions are used for convenience only and not for interpretation of the Agreement.
4. Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
2. A User may accept this Agreement only when:
a. If such User is a natural person of the legal age, eligibility and mental capability to form a binding contract; or
b. if such User is not a legal person, is lawfully existing and has all the authorizations, permits and allowances to enter into this Agreement and form a binding contract; and
c. such User is not legally barred or restricted from using any of the Services.
3. Users approve of and accept this Agreement by accessing any of the Services offered by GymEasy, including by simply accessing the Website or any Content thereof.
2. The purpose of provision of Services is to facilitate an online market place for the Buyers and Sellers for display, marketing and/or sale of fitness related services and products. The Website is also engaged in various activities for promoting a healthy lifestyle, including providing fitness and lifestyle related blogs, fitness experts, expert approvals of fitness blogs, listing of nearest fitness centers etc.
3. The Services may be availed by the Users by:
a. booking trials and appointments through the Website for fitness related services;
b. purchasing a membership offered by Sellers on the platform
c. placing an order through the Website for delivery of a fitness related product;
d. accessing (either though itself or through another Person) the Website or any Content thereof;
e. simply surfing and/or browsing the Website
4. In order to provide certain parts of Services to the Users GymEasy may require the Users to register on the Website by providing certain information (“Registrable Services”). Users agree and understand that Registrable Services shall not be provided by GymEasy
to a User unless such User registers on the Website in the form and manner required by GymEasy.
5. Users agree and acknowledge that provision of Registrable Services is depended on the information provided by a User to access such Registrable Services and ensure that all such information provided by the User to GymEasy in order to access the Registrable Services shall always be true, accurate, complete and updated.
6. The Website may include links to other online platforms which may contain materials that are objectionable, unlawful, or inaccurate. GymEasy does not endorse or support these links or the products and services they provide; these links are provided for Users’ convenience only. GymEasy is not responsible or liable for the content or accuracy of such links.
7. Subject to applicable law, GymEasy may stop provision of Services (or any part of Services), permanently or temporarily, to a User or to Users generally or may modify or change the nature of Services and/or these Terms at its sole discretion, without any prior notice to the Users. Use of Services by a Person following any such modification constitutes such Person’s deemed acceptance to be bound by this Agreement (or as it may be modified).
1. In order to use Services, a Person will require accessing the Website through internet in such form and manner as provided by GymEasy. GymEasy may update the Website from time to time in order to ensure a better User experience and consequently may temporarily cut or restrict Users’ access to the Website or to the Services.
2. Users shall use the Services only for such purposes as is permitted:
a. by this Agreement;
b. if User is a natural person, by any law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is a resident or from where User accesses the Services; and
c. If User is a Person other than a natural person, by any law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principle office or from where User accesses the Services.
3. While most parts of the Services are available to Users free of cost, certain parts of Services may be provided to the Users at a cost. GymEasy reserves that right to amend these Terms and impose a cost on free parts of Services in future. GymEasy will use its reasonable efforts to give Users a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, any User access paid parts of Services, cost for such paid Services shall become due and payable by such User to GymEasy and GymEasy shall have the right to recover the cost of provision of such paid Service to the User, from the User.
4. Users agree and acknowledge that with respect to any content that may be created, accessed or uploaded by another User or Seller on the Website and/or through the Services, including any comments and feedbacks on the fitness product and services by the Users and/or fitness blogs posted by the Users (“Content”), Users shall be bound by specific roles and obligations detailed in Section 7 of these Terms, in addition to other obligations contained elsewhere in the Agreement.
5. Users who or which have registered for accessing Registrable Services shall be provided access to an online account on the Website through which such Users may access the Registrable Services. It shall be the sole responsibility of the Users to maintain the privacy and confidentiality their access details (user id, password etc.) with respect to Registrable Services. Any access to or use of Registrable Services from the registered account of a User shall be construed as access to or use of such Registrable Services by such registered User.
1. Users will not use the Services or any Content for any purpose that is illegal, unlawful or prohibited by this Agreement. 2. Users will not access (or attempt to access) the Services or Content provided through the Services by any means other than in the form and manner provided by GymEasy, unless such User has been specifically allowed to do so in a separate written agreement with GymEasy. 3. Users will not circumvent or disable any digital rights management, usage rules, or other security features of the Website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website; and not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of Services. 4. Users will not attempt to or engage in any activity that may: a. reverse engineer, decompile or otherwise extract the source code(s) related to the Services or any part thereof, unless it is expressly permitted by GymEasy in writing or is required by applicable law; b. use any robot, spider, retrieval application, or other device to retrieve or index any portion of Services or Content; c. collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purpose; d. register on the Website to access Registrable Services or create any online accounts by automated means or under false or fraudulent pretences for using the Services; e. transmit any viruses, worms, defects, trojan, or any items of a destructive nature through Services; f. use Services in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services, or interfere with any other third party's access to and enjoyment of Services; g. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Website or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to Services or any part of Services or any User; h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; or i. Obtain any materials or information through any means not intentionally made available, in the opinion of GymEasy, through Services. 5. Users agree and undertake not to impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent its own affiliation with any Person, including, but not limited to GymEasy, GymEasy’s officials, employees, agents, partners, affiliates, dealers and/or franchisees.
1. Users agree to the following roles and obligations in order to avail Services: a. Marketplace of the fitness product and services: Subject to other provisions of this Agreement, Buyers may purchase and Sellers may sell any fitness products and services through the Website. For such purchase of fitness products and services, in addition to other applicable terms of the Agreement, Users specifically agree to the roles and obligations of the Buyers set out under Section 7.2 of these Terms. For marketing, sale and/or promotion of fitness products and services through the Website, in addition to other applicable terms of the Agreement, Sellers will be required to enter into a separate written agreement with GymEasy. Any sale of fitness products and services through the Website will constitute a contract of sale between the Buyer of such fitness related products and services and the Seller of such fitness products and services and all fitness products and services shall be delivered by such Seller to such Buyer directly. GymEasy shall not be responsible for delivery, merchantability, quality, suitability and aptness of any product or service sold or delivered or accessed using the Website. b. Content in relation to Services: Users may create and/or display Content (including information regarding the offerings of Sellers, pictures, comments, ratings and feedbacks) on the Website. By displaying any Content on the Website, unless agreed to and provided for to the contrary, Users grants GymEasy a right to use such content in a reasonable manner. c. Content Responsibility: Users acknowledge and understand that GymEasy shall not review, and cannot review, all of the Content displayed on the Website, and cannot therefore be responsible for such Content (unless such Content has been created by GymEasy itself). Each User is entirely responsible for any Content displayed or accessed by such a User through the Website, and any harm resulting from the display or use of such Content. d. Removal of Content: Users understand and acknowledge that if a User deletes or removes any Content from display, GymEasy will use reasonable efforts to facilitate removal of such Content from the Website, but cache, cookies, back up files or references to such deleted Content may not be immediately removed and/or disposed off. e. Commercial Use: Unless agreed to the contrary in writing, Services provided by GymEasy are for non-commercial and personal use of the Users only. Users are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any Services or any part thereof without a prior written consent of GymEasy. 2. Buyers agree to the following roles and obligations in order to avail the Services: a. Purchase of fitness products and services: Buyers may purchase fitness products and services from Sellers through the Website at the price provided therein. Buyers acknowledge that such purchase of fitness products and services is being made directly from the Seller through the Website and GymEasy is only providing a platform for the Buyers and Sellers to interact online with respect to such sale through the Website. b. Registration: Buyers will need to register with GymEasy through the Website by providing such information as may be requested by GymEasy from the Buyer. The information provided by the Buyer while registering or at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the fitness product and/or service. c. Adequacy of Information: The Buyer represents and warrants that all the information furnished by such Buyer at the time of registration will be true, complete, correct and updated and any change in such information will be updated by the Buyer and intimated to GymEasy immediately. GymEasy is entitled to act on the basis of the information provided by the Buyer and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled if GymEasy is of the view that any of such information may be fake, incomplete, false, redundant or inaccurate. d. Confirmations and Invoicing: All order confirmations and invoices will be raised by GymEasy based on the registration information provided by the Buyer and available with GymEasy at the time of making a purchase and accordingly payments will be accepted by GymEasy only from the Buyer so registered. e. Payments: Once Buyer has placed an order on the Website for purchasing any fitness product or service; Buyer is required to make advance payment of the price of the fitness product or services in such form and manner as permissible by the Website. GymEasy may use third party platforms in order to facilitate such payment by the Buyers and will not be responsible for any loss or damage caused to the Buyer by any such third parties. f. Acceptance of Delivery: Buyers acknowledges that placing an order for purchase through GymEasy constitutes an irrevocable acceptance of the purchase and accept delivery/use of such fitness product and/or services once such order has been delivered/used, unless rescinded/cancelled by GymEasy within a reasonable time on account of a default by the Seller or any prior or continuing breach by the Buyer. g. Limitation of Liability: Buyer acknowledges that Seller (and not GymEasy) will be responsible for adequacy and accuracy of information displayed with respect to fitness products and services, the entire process of sale of fitness products and services including pricing of fitness products and services, delivery/use, return, packaging and authenticity of the fitness products and services. GymEasy’s limited responsibility in terms of provision of Services is dependent on the information provided by the Buyer. In case of any inaccuracies in any information provided by a Buyer, GymEasy shall not be responsible for any consequences thereof. 3. GymEasy shall play the following role and have the following rights with respect to provision of Services: a. Content License: Users hereby grant to GymEasy and GymEasy hereby accepts a worldwide, non-exclusive, sub licensable, limited license to use any Content uploaded by the User on Website for using the Services or otherwise. For avoidance of any doubt, ownership of all Content uploaded by the User on the Website shall rest with such User and GymEasy shall use such Content only for limited purposes as agreed herein (“Content License”). b. Promotion of Content: GymEasy may feature any Users or any Content in any curation, assortment, marketing story or other social media content on the Non-Exclusivity: GymEasy has a right to engage with multiple Users at the same time for provision of Services or same part of Services or for engagement in same or similar activity. d. Prohibit Access: GymEasy reserves the right to, at its sole and absolute discretion, deactivate any User’s account on the Website and block any User’s access to Website upon a material violation of this Agreement by such User. GymEasy also reserves the right to block or suspend the use of Website, Content, or Services at any time for any reason. GymEasy shall use best efforts to give a reasonable notice of such prohibition to the concerned User.