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You acknowledge that the Platform is a web service that allows You to avail services / buy products directly from the Multifit as well as from various vendors. Some of the services and products available on the Platform are listed below:
Purchase and avail Multifit physical and mental 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”);
Purchase books and original merchandise such as clothing, footwear and accessories from Multifit (“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. Multifit 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.
1. Multifit and its Franchisee provides a number of offline and online Fitness Services, including physical fitness, booking of its facilities, sports related training activities, mindful yoga, psychotherapy and meditation related training activities, under the brand names ‘MultiFit’.
2. Multifit, its Franchisee and its business partners hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Fitness Services provided by it. Further, Multifit, its Franchisee and its business partnersmakes no representation that Fitness Services provided by it are appropriate or safe for use; You agree that the Fitness Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that Your participation is voluntary and that You knowingly assume all such risks and hence hereby release Multifit, its Franchisee or its business partnersof all liability arising out of such aforementioned risks;
3. Multifit or its Franchise shall enrol a minor (people below the age of 18 (eighteen) years) for Fitness Services unless the parent or a guardian on behalf of such minor shall have duly executed a guardian consent form, in the format, as approved by Multifit, for the minor to sign up / purchase membership(s) / sessions / book a class (including free of cost classes) or any activity (including free of cost activities). In this regard, the parent or guardian of such minor agrees to indemnify, defend and hold harmless Multifit, its Franchisee and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Multifit, its Franchisee and its business partner(s) that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms;
4. If Multifit or its business partner(s) run any offers or discounts subsequent to Your purchase, neither Multifit nor its business partner(s) are obliged to offer You the benefits under such subsequent offers, however Multifit or its business partner(s), as may be the case, may offer You benefits under subsequent offers at an additional fee. In addition to these terms, there are additional terms and conditions applicable on You under the specific offers, discount and sales schemes/ campaigns;
5. You agree to abide by Fair Usage Policy mentioned below:
a. In case you wishes to attend the scheduled classes (“Batches”) under Fitness Services, you have to book for Batches in advance and the seats in Batches will be done on First come First Serve basis. You shall not be allowed or provide access to Batches, if you have not booked the classes in advance with respect to your home centre or other centres subject to the Rule of Conduct of Multifit. However, Multifitor its Franchisee reserves the right to penalize you or reduce or suspend / terminate Your membership period, in case you fails to attend the Batches. Multifit shall not be responsible in any manner, if there is cancellation of any Batch due to any unavoidable circumstances.
b. Under the membership,You can cancel the classes of the batches booked by You at Multifit or its Franchisee. However, Multifitor its Franchisee reserves the right to penalize You or reduce/suspend / terminate Your membership in case of excessive / delayed / last-minute cancellations.
c. Your membership is non-transferrable, however in case of You moving to another city where Multifit provides its services, Multifit may transfer Your membership against the receipt of price difference and any applicable service fee for the same or reduce the duration of your membership period (as applicable) as per the code of conduct/house rules
d. You agree to abide by the fitness center’s Rules of conduct
6. Multifitor its Franchisee may review Your usage of the Fitness Services that violates the Rules of Conduct, and reduce or suspend or terminate Your membership at any time for any reason in Multifitor its Franchisee sole discretion with or without notice to You. If any complaint is received against a member to the effect he/she has used the Fitness Services violating Rules of Conduct, then upon receiving such complaint Multifit reserve the right to terminate the account / User’s membership in question. Multifit also reserve the right to initiate legal action against You.
7. You have agreed that your Testimonial can be used in connection with publicizing and promoting Multifit or its Franchisee. You have also authorized Multifit or its Franchisee to use your name, brief biographical information in every possible manner, as and when required, by every means of advertisement which shall include but not limited to electronic media, print media or any other form of advertisement. You further irrevocably authorize Multifit or its Franchisee to copy, exhibit, publish or distribute the Testimonial for purposes of publicizing Multifit’s or its Franchisee programs or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on the Platform or in any other distribution media. You hereby agree that in any case, you will not claim any monetary or other benefits, directly or indirectly, against Multifit or its Franchisee for the use of the Testimonial. In addition, you waive of your right with your free consent, to inspect or approve the finished product, including written copy, wherein your likeness or your testimonial appears.You hereby hold harmless and release Multifit or its Franchisee from all claims, demands and causes of action which you, your heirs, or the legal successor’s or any other persons acting on my behalf have or may have by reason of this authorization.
Multifitor its Franchisee may, from time to time, offer event programs for different aged people and enrol them for various different purposes subject to terms and conditions for such enrolment at that time. Multifit shall also allow Junior Memberships within a age of children of 5 to 16 years, for which parent or guardian of such children shall duly sign consent terms or approve the consent terms as prescribed by Multifit or its Franchisee.
Sam Sports Nutrition and Wellness Private Limited (“Sam Nutrition”) provides transformation services or Corporate wellness services or online consultation or physical consultation, nutrition coach’s appointments or recommended nutrition supplements.
In case, you require services from Sam Nutrition, you have to separately procure the services from them.
Multifit does not make any representation or warranty as to the Transformation Services of Sam Nutrition. You are advised to independently verify the bona fides of any particular of Sam Nutrition that you choose to deal with on the Platform and use your best judgment in that behalf. Multifit takes no responsibility for the Services of Sam Nutrition.
You may order Allied Products such as books and merchandise such as clothing, footwear and accessories from the Platform. You are supposed to collect the said Allied Products from your home centre. Multifit 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”);
You may book, cancel or reschedule appointments using the Platform, subject to permitted cancellation & rescheduling timelines and availability of a timeslot/registered Batches.
Multifit 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 Multifit.
In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the customer service of the Multifit, prior to pursuing any other recourse. The complaints can be lodged at email@example.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 Multifit on the complaints shall be final and You agree to be bound by the same.
4. You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
Multifit at all time 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 Multifit Account and not permitted to create multiple accounts. If found, you having multiple accounts, Multifit 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.
You may access the Platform by registering to create an account (“MultifitAccount”) 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 Multifit Account with Third Party Accounts, by either:
a. providing your Third Party Account login information to us through the Platform; or
b. 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 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 Multifit 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 will be available on and through your Multifit 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 Multifit 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.
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 Multifit Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Multifit 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.
All payments in respect of the Platform Services shall be made to Multifit through the Platform. 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 Multifit 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, Multifit is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
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 Multifit, 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, Multifit shall not be liable for any payments authorized through the Platform using Your Payment Details. Particularly, Multifit 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 Multifit’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.
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:
a. any part of the Platform or the Platform software; or
b. any equipment or any network on which the Platform is stored or any equipment of any third party
You release and fully indemnify Multifit 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, Multifit 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 Multifit 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 Mulitifit 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 Multifit, or the Vendors, or the third party that may own the Marks.
If You or Multifit or its Franchisee terminate Your use of the Platform, Multifit 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.
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 firstname.lastname@example.org However, this may limit the extent of Platform Services that you can avail.
Non- Assignment: You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
IP Notice and Take Down Policy: Multifit has put in place IP Notice and Take Down Policy (“ Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the Platform.
Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us at email@example.com. You are required to provide the following details in Your notice:
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