These Terms of Use (“Terms”) are between Fitmap Private Limited (“Fitmap” / “Company” / “We”/ “Our” / “Us”), that owns and controls the platform known as, ‘Fitmap’ and its users (“User” / “You” / “Your”). These Terms govern Your use of our: (i) website www.fitmap.in (“Website”); and (ii) application ‘[●]’ [Insert name of application] (“Application”) (the Website and Application being collectively referred to as the “Platform”); (iii) the Services along with other products and services offered thereon; (iv) all features, content, videos, video players, widgets, tools, data, software, algorithm, application program interface (APIs) so on and so forth, in connection with the Platform, the Services and any other products and services offered by Fitmap; and (v) any other modes of usage of the Services or other products and services, including through electronic devices (mobiles or tablets) / storage devices / transmitting devices. Fitmap offers its Platform and Services to You conditioned upon Your acceptance of all terms, conditions, policies and notices stated herein. By accepting these Terms and Our privacy policy (“Privacy Policy”) available at [●] [Stoicus Note: Please insert the hyperlink of the Privacy Policy], You are electing to join the Platform, to access and use the Platform over the internet, including the Services. These Terms, together with the Privacy Policy and any other terms and conditions that may be notified to you from time to time, constitute a legally binding agreement (“Agreement”) between You and Fitmap. Your use / access / browsing of the Website and / or the Services, whether with or without any payment of service fee or subscription fee or other payments, by any and all means signifies Your acceptance of the Terms and Our Privacy Policy and willingness to be bound by the Agreement. If You do not accept and agree to any of the terms and conditions set out herein, You shall not, and shall not be entitled or authorized to, use / access / browse the Website, or avail the Service thereon. These Terms are deemed to be an electronic record in terms of Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 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 the Website.
1. ACCEPTANCE OF TERMS Please read these Terms and Privacy Policy very carefully. By accessing, browsing, registering for or using the Platform and / or making an account and / or by viewing and / or accessing any Services offered on the Platform, You represent that You have read the Terms and the Privacy Policy, and agree to be bound by the Terms and the Privacy Policy. If You do not agree with all of the usage requirements and restrictions described herein, You shall not be entitled to use and/ or access the Platform or any of Our Services. By agreeing to these Terms, You also agree to Our Privacy Policy and / or such other policies as may be established or introduced by Fitmap, from time to time.
2. APPLICABLITY OF TERMS Your access to, and use of, the Platform and the Services offered thereon is conditioned on Your compliance with these Terms. By becoming a registered user and / or accessing and / or using the Platform and the Services, or any portion of the Platform or Services, You agree to be bound by these Terms and all applicable laws and regulations governing the Services. If You do not agree with these Terms, You are not authorized to access or use the Services for any purpose or in any manner. Additional terms and conditions applicable to specific areas of the Platform or to particular transactions are also posted in particular areas of the Platform and, together with these Terms, govern Your use of those areas. If You do not agree with any of these additional terms and conditions, You are not authorized to access or use the Platform and / or the Services.
3. SERVICES Fitmap provides the following services on the Platform, including but not limited to (“Services”): (a) Workouts and Exercise:(i) Videos and video libraries of various forms of exercises and workout along with training and instructions for various levels such beginner, intermediate and advanced levels;(ii) Designing custom workouts and exercise programs / routines specific to a User’s / customer’s requirements;(iii) Keeping a track of adherence to such programs / routines, setting fitness goals, tracking progress and transformations;(iv) Real time participation in training sessions; and(v) One-on-on video consultations either weekly / monthly or on demand; (b) Nutrition and Diet: (i) Videos and video libraries of various of various food recipes along with instructions;(ii) Designing custom nutrition programs and diet plans specific to User’s / customer’s health needs, fitness goals, calorie requirements, etc. and customizations thereof;(iii) Tracking of adherence to such diet plans, calorie intake, etc.; and(iv) One-on-on video consultations either weekly / monthly or on demand; (c) Habit Building: Assigning daily fitness and nutrition tasks along with features relating to journaling, reminders and alerts; (d) Webinars: Holding fitness, nutrition and habit building webinars and other related webinars for Users along with live discussions and question-answer rounds with expert panelists; (e) Fitness Challenges: Fitmap also provides the option for its Users to participate in fitness challenges / transformation challenges along with various prizes (cash prizes, exercise equipment, apparel, discounts, promotions, etc.) being given to the winners of such fitness challenges / transformation challenges; (f) Loyalty Points: A User can earn loyalty points in the form of ‘Fitmiles’ by referrals to friends and family members, recording and uploading workout, diets plans, and other activities on the Platform, participating in and completing back-to-back challenges, weekly challenges, so on and so forth. Further, a User has the option to redeem the ‘Fitmiles’ for various discounts and promotions on apparel, merchandise, equipment, salon / spa services, etc. offered by our brand collaborators; (g) Community / Sharing Feature: The Platform also provides the option to build or join a virtual fitness community / forum where the users of the Platform can join interest-based training groups or forum, attend group trainings and exercises, communicate with other users, upload and share content, pictures, diet plans, recipes, transformations , track progress, compete in challenges, post achievements, so on and so forth; (h) Customer Support: The Platform also has a chatbot feature which enables a User to post any questions in relation to the Services or require any other support or assistance. Further, a User also has the option to raise requests and escalate any queries on demand or schedule one-on-on consultations through the Platform. Additionally, the User also has the option to contact our customer support executives (via email or calls); and (i) Notifications: Push notifications and alerts in relation to latest videos, articles or other infotainment material being uploaded to the Platform. Disclaimer on Fitness Challenges, Winners and Prizes In order to participate in any fitness challenges on the Platform, a User shall be required to mandatorily purchase a program / subscribe to the Platform and sign up and register an Account on the Platform. A User who is not registered on the Platform will not be entitled to participate in any challenges or win any prizes thereof. Further, all fitness challenges are governed by their own set of rules or conditions. Only such Users who have successfully completed the challenges shall be considered for the relevant prizes. The winners of such challenges shall be determined by Fitmap, in its absolute sole discretion. Further, any prizes announced / given to a User may also be governed by certain terms and conditions and eligibility criteria and Fitmap does not guarantee or promise the announcement / distribution of any such prizes in any manner. The User agrees and acknowledges that no claims or actions shall lie against Fitmap nor shall Fitmap be liable in relation to any challenges or prizes thereof, in any manner whatsoever. The Services provided by Fitmap through the Platform constitutes a technology platform that enables You to access, view use and [download] fitness and training videos, articles, nutritional facts and information, diet charts / plans, recipes, and other fitness and wellness information as uploaded on the Platform by Fitmap or any User, from time to time (“Content”). The Platform and Services enable You to have the ease of accessing such Content whether for informative and / or reference purposes, anytime and anywhere. [For the sake of clarity, the option of downloading the Content shall be available only on the Platform as an “on-website” / “in-application” download only for a User having a registered Account (as defined hereunder) on the Platform. Any or all Content which has been downloaded by a User can be accessed only through the Account.]
4. PAYMENT TERMS Fitmap shall charge such price / fees for the Services, as it may deem fit, in its sole discretion. The details of the price / fees payable for the Services will be provided at the time the User avails or subscribes to the Services. Fitmap also provides various packages and bundles to the User and the prices / fees vary depending on the type of package / bundle purchased or subscribed to by the User. All such prices are exclusive of the applicable taxes which a User shall be required to additionally. Fitmap may raise an invoice for advance payments beforeprovision of Services or raise an invoice after provision of Services, depending on the type of Service and as Fitmap may deem fit. In case of advance payments, the Services will not be made available to the User until such advance payments have been paid by You to Fitmap. Further, Fitmap may also provide certain Services free of charge for a limited time, or as a bundle package or any discounts or promotional offers, as it may deem fit. From time to time, Fitmap may change the price / fees of any Services or charge for use of Services that are available free of charge. [Further, any refunds payable to You shall be in accordance with the terms and conditions and timelines informed to you at the time of any purchase / subscription by You, in accordance with our refund policy in force at that point of time.] [Stoicus Note: The highlighted portion is to be confirmed by Fitmap.] [Stoicus Note: We have not incorporated the specific prices payable for the packages by the customers. It is advisable not to include the prices herein in order to maintain flexibility in pricing of the Services.]
5. ELIGIBILITY A User shall be eligible to use the Platform and Services only by clicking the “I Agree” button. In the event that a User refrains from clicking the “I Agree” button, the User will not be able to access, browse, register on or use the Platform or the Services provided thereon. Person who are competent of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to access, use or register on the Platform to avail the Services. In the event that, as a minor You wish to use the Platform and / or Services, such use shall be made available to You upon the review of these Terms by Your legal guardian or parent(s) and upon them consenting to be bound by the Terms contained herein. Further, in the event that it is discovered that You are below the age of 18 (eighteen) years and the Terms have not been consented to by Your legal guardian or parent(s), or if the details provided by You are false or inaccurate, Fitmap shall not have the responsibility and shall not be held liable if the aforesaid eligibility criteria is not satisfied by You.
6. USER ACCOUNT In order to use certain features of the Platform, You must register on the Platform by creating an online account (“Account”). In the event that You want to register on the Platform and wish to create an Account. You must be of legal age to form a binding contract. If You are not of legal age to form a binding contract or are otherwise incompetent to contract as per the Indian Contract Act, 1872, You shall not be entitled to register or use Our Platform and / or the Services thereon. While creating an Account, You will be required to provide Your personaldetails such as Your name, contact number, e-mail and other details for successfully registering Your Account on the Platform. It is hereby clarified that You will be required to provide a password for Your account and that You shall solely be responsible for maintaining the confidentiality of Your Account and password. It is further clarified that You shall solely be responsible for all the activities in relation to Your Account. You also agree that, at the time of creating Your Account and at any other time, You shall provide true, correct and accurate information and ensure that all such information is up-to-date and accurate at all times.
7. YOUR ROLES AND RESPONSIBILITIES Your use of the Platform, Services and Content is solely for Your personal and non-commercial use. Any use of the Platform, Services and Content other than for personal use is prohibited. During Your use of the Platform and Services, You hereby agree and acknowledge that You shall not: (i) post, publish, upload or distribute any defamatory, libellous or inaccurate content / User Material or other information; (ii) post, publish, upload or distribute any unlawful, objectionable, offensive, indecent, pornographic, threatening, racially offensive, or otherwise inappropriate content / User Material or other information; (iii) provide misleading or false personal details, impersonate any person or entity, or indulge in any other fraudulent activity; (iv) access or use the Platform and / or Services through the Account of other users; (v) defame, harass, abuse or threaten other users of the Platform and / or Services, including Our employees, consultants, trainers, expert panelists, agents, representatives and any other persons involved in the provision of Services; (vi) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform or any part thereof; (vii) damage the operation of the Platform or otherwise interfere with any other user’s or person’s enjoyment of the Platform;(viii) alter or modify any part of the Platform, Services or Content; and (ix) violate any other Terms specified herein.
8. LICENSE TO USER MATERIAL During Your use of the Services, You are permitted to post / upload on the Platform, Your pictures / images / transformations, questions, comments, notes, articles, recipes, and other material (“User Material”). You hereby agree to grant to Us a worldwide, non-exclusive, transferable, perpetual and royalty-free license to use, adapt, display, copy, reproduce, modify, publish and display such User Material, in whole or in part, on the Platform itself or in any and all media or distribution channels. Further, You hereby agree and acknowledge that in lieu of the community / sharing feature of the Platform other users and the public may also have access to Your User Material and that they may also use, adapt, copy, reproduce and modify the User Material. In the event that You delete Your Account, Your User Material or other information may remain available and accessible through the Platform and / or the Services. We provide various privacy tools on the Platform to control the sharing / viewing of your profile, pictures / images or any information by other users / public. We encourage You to adjust the settings of Your Account in line with Your desired experience and privacy. For the sake of clarity, You agree and acknowledge that Fitmap does not guarantee any confidentiality or warrant against any unauthorized access or misuse in relation to the User Material and shall not be liable for damages of any kind arising from the use of such User Material by Fitmap or its users. You agree and undertake that all User Material is uploaded by You on the Platform out of Your own will and at Your own risk.
9. PRIVACY When You use the Services via the Platform, Fitmap will collect certain personally identifiable information from You as set forth in more detail in Our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at [●] [Stoicus Note: Please insert the hyperlink for the Privacy Policy].
10. SUSPENSION AND TERMINATION In the event that You breach these Terms stipulated herein, Fitmap reserves the right to to suspend and/or terminate Your Account and / or Your access to the Platform with or withoutnotice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating Your access to the Platform. Upon suspension or termination, Your right to access, procure or use the Services on the Platform shall immediately cease and We reserve the right to remove or delete Your information that is available with Fitmap, including but not limited to Your login and Account information. Any suspension, termination, or cancellation will not affect Your obligations to Fitmap under these Terms which by their nature are intended to survive such suspension or termination. Upon any such suspension or termination, the provisions of Clause 11 (Ownership of Intellectual Property), Clause 14 (Disclaimer of Warranties), Clause 15 (Limitation of Liability), Clause 16 (Non-Disparagement), Clause 17 (Indemnification) Clause 18 (Governing Law and Dispute Resolution) and Clause 21 (No Waiver) shall survive and remain in full force and effect. However, notwithstanding anything contained herein or in our Privacy Policy, the provisions of Clause 11 (Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be. Further, notwithstanding any such termination, suspension, or cancellation, Fitmap may, in its sole discretion and in accordance with its Privacy Policy, retain such information collected from You through the Platform and / or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and / or applicable laws.
11. OWNERSHIP OF INTELLECTUAL PROPERTY “Intellectual Property” shall mean all of the following and all legal rights or interest in, under or in respect of the following arising under law, whether or not filed, perfected, registered or recorded and whether now or later existing, filed, issued or acquired by the Company or owned by the Company: (a) all copyrights, copyrightable works and all other corresponding rights; (b) patents; (c) all trademarks, logos, designs, marks, service marks, so on and so forth; (d) the Platform, the Services including know-how, technical know-how, process know-how, technical data / information, technology, source code, programming code, algorithm, software, software development process, programs, interface, application programming interface (APIs) internet domain names, internet and world wide web URLs or addresses, any and all Content including but not limited to videos, graphics, visual interface, photos, sounds or music (if any), workout / fitness programs including but not limited to kick boxing, zumba or yoga programs, functional training, core strength trading, high intensity interval training (HIIT), warm-up / exercise routines, any techniques in relation to any of the foregoing or any other content in relation to fitness / wellness, nutrition and diets plans or charts, fitness trackers, fitness challenges, any other features or other content available on the Platform or through the Services or any improvements, enhancements, customizations or updates thereof; (e) products, services,processes, techniques, trade secrets, confidential business information, pricing and cost information, business plans, business strategies, employee / customer / vendor / third party supplier lists and information, records, and other proprietary documentation and information;(f) any documents, notes, reports, files, training material or modules, learning videos, power point presentations, manuals, guides, technical specifications and other printed, recorded, electronic materials and/or other information or material whether or not made available to the Consultant; (g); any data and any other databases or compilations of the any of the foregoing hereof; (h) marketing / promotional / advertising strategies or materials; (i) all other proprietary rights; (j) all copies and tangible embodiments of any of the foregoing (in whatever form or medium); and (k) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained The Platform, Services and all information and / or Content that You see, hear, or otherwise experience on the Platform (are protected by the Indian and international intellectual property laws. We own or have the license to use all of the intellectual property rights relating to Fitmap, the Platform, the Services and the Content. The User hereby agrees and acknowledges that its use of the Intellectual Property shall in no way mean or be construed as an assignment by Fitmap to the User, of any ownership, rights or interests of Fitmap in such Intellectual Property. All Intellectual Property and other related items, products, materials or services provided or made available to the User by Fitmap or its, employees, consultants, representatives, affiliates or suppliers is and remains, at all times, the exclusive property of Fitmap. The User hereby agrees and acknowledges that infringement of any Intellectual Property for any purpose, whether commercial or otherwise, shall be a violation of Fitmap’s intellectual property rights and Fitmap reserves all its rights and remedies in law in relation to such violation. Further, any breach by the User of any provision or obligation under this Clause will cause to Fitmap immediate, material and irreparable injury, and there is no adequate remedy at law for such breach. In such event, Fitmap shall be entitled to seek injunctive relief to enforce this Agreement in a court of competent jurisdiction. This provision shall not be a waiver of any other rights which Fitmap may have under this Agreement, including the right to receive monetary damages.
12. YOUR LICENSE TO USE THE SERVICES When You use the Platform or Our Services, You may access Our Intellectual Property and rights thereto that We or Our licensors own or license. Subject to Your compliance with the terms and conditions of these Terms, Fitmap grants You a limited, non-exclusive,non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Fitmap solely for Your personal use. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms, without Fitmap’s express prior written consent. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Fitmap or its licensors, except for the licenses and rights expressly granted in these Terms.
13. ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on the Platform or in the Services that contains typographical errors, inaccuracies or omissions that may relate to the Content, courses and other study material being offered as Services, including the pricing of Services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform and / or in the Services or on any related website is inaccurate at any time without prior notice. We reserve the right to update the Content and other information available on the Platform and / or in the Services and are in no manner obligated to update such Content and other information on a regular basis. Further, We undertake no obligation to update, amend or clarify information available on the Platform or in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated. It is further clarified that, We reserve the right to correct any errors, inaccuracies or omissions, and to change any updated information if any such updated information on the Platform and / or in the Services or on any related website is inaccurate at any time without prior notice.
14. DISCLAIMER OF WARRANTIES You expressly agree that use of the Platform and the Services thereon is at Your sole risk. Both the Platform and Services are provided on an “as is” and “as available” basis. Fitmap expressly disclaims any and all warranties and liabilities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of Content and other data and system integration.Fitmap and / or its affiliates disclaim any liabilities and warranties regarding the accuracy, reliability, authenticity and security of the Platform and the Services or that the Services will be free from errors or that any errors will be corrected. No Content, or other information provided to You, as being a part of the Services or otherwise, will create any liability or warranty that is not expressly stated in these Terms. We make no representations concerning, and do not guarantee, the accuracy of the Services, including, but not limited to, any information provided through the Services or their applicability to Your individual circumstances. [Our Services, Platform and Content are developed for use in India and] Fitmap and/or its officers, directors, employees, consultants, agents, representatives or affiliates make no representation or warranty concerning the Services or Platform or Content when they are used in any other country. [Stoicus Note: The highlighted portion is to be confirmed by Fitmap.]
15. LIMITATION OF LIABILITY The Platform and the Services thereon are provided digitally and virtually. The User is advised that any and all exercises, workouts, warm-ups, techniques and any other physical activities are to be performed by the User in accordance with his / her own ability, endurance levels and overall fitness and health. Fitmap shall not be liable for any accidents, injuries of any nature or any health deterioration or health problems that may be suffered or sustained by any User, in any manner whatsoever. Fitmap provides the Platform and the Services as an information sharing tool and does not track or check the manner in which a User may undertake or perform any exercises, workouts, warm-ups, techniques and any other physical activities. The User avails the Services at his / her own risk and discretion and shall not be entitled to bring any claims or actions against Fitmap in relation to any of the foregoing, in any manner whatsoever. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, THE SERVICES, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND / OR WHETHER OR NOT FITMAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE PLATFORM, THE SERVICES OR THE CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAWS, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, THE SERVICES OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, MUST BE BROUGHT WITHIN 30 (THIRTY) DAYS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR THE SAME WILL BE DEEMED TO BE FOREVER BARRED. [TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE(S), WILL BE LIMITED TO THE AMOUNT PAID BY THE USER FOR THESERVICES SO AVAILED]. [Stoicus Note: The highlighted portion is to be confirmed by Fitmap.] WE AND / OR OUR AFFILIATES SHALL, UNDER NO CIRCUMSTANCE WHATSOEVER, BE LIABLE FOR ANY DELAY OR DEFAULT IN THE PROVISION OF SERVICES UNDER THIS AGREEMENT CAUSED BY AN EVENT BEYOUND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITIED TO ANY FORCE MAJEURE EVENTS, ACT OF GOD, EPIDEMICS, PANDEMICS, WAR, CYBER TERRORISM, GOVERNMENT ACTIONS, DELAY IN PROVISION OF SERVICES, FAILURE OR DEFAULT BY YOU, YOUR WIRLESS CARRIER / NETWORK PROVIDER, OR ANY OTHER SUPPLIER OF GOODS OR SERVICES TO YOU OR TO US. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAY PROVIDE AND / OR MAKE AVAILABLE AND / OR OTHERWISE REPRODUCE THIRD PARTY PRODUTCS, SERVICES OR CONTENT AND / OR ANY PART THEREOF ON THE PLATFORM AND / OR MAY PROVIDE LINKS TO WEB PAGES, PRODUCTS, SERVICES AND CONTENT OF THIRD PARTIES (COLLECTIVELY, "THIRD PARTY CONTENT") AS PART OF THE SERVICES TO THOSE INTERESTED IN THIS INFORMATION. WE DO NOT MONITOR OR HAVE ANY CONTROL OVER ANY THIRD PARTY CONTENT OR THIRD PARTY WEB SITES. WE DO NOT ENDORSE OR ADOPT ANY THIRD PARTY CONTENT AND CAN MAKE NO GUARANTEE WHATSOEVER AS TO ITS ACCURACY, RELIABILITY OR COMPLETENESS. WE DO NOT REPRESENT OR WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED THEREIN, AND WE UNDERTAKE NO RESPONSIBILITY TO UPDATE OR REVIEW ANY THIRD PARTY CONTENT. YOUR USE OF SUCH THIRD PARTY CONTENT CONTAINED THEREIN IS SOLELY AND ENTIRELY AT YOUR OWN RISK.
16.NON-DISPARAGEMENT The User hereby agrees, undertakes and covenants not to make any disparaging public statements with respect to: (i) Fitmap, its employees, consultants, agents, representatives,affiliates or subsidiaries; (ii) the business of Fitmap; (iii) the Platform, the Services or any other products or services offered by Fitmap; or (iv) the terms of this Agreement and the arrangements made pursuant hereto, at any time during the subsistence or the termination of this Agreement hereof.
17. INDEMNIFICATION The User hereby agrees, acknowledges and undertakes to indemnify and hold harmless Fitmap, its officers, directors, employees, consultants, agents, representatives, affiliates, vendors and suppliers from and against any losses, damages, actions, fines and expenses (including reasonable attorney’s fees and costs) arising out of: (i) any breach of this Agreement; (ii) Your use of the Platform and / or the Services in violation of any other user’s or third party’s rights;(iii) Your use of the Platform and / or the Services in violation of any applicable laws; or (iv) or any other claims or actions related to Your use of the Platform and / or the Services.
18. GOVERNING LAW AND DISPUTE RESOLUTION
(a) Governing Law This Agreement shall be governed by and construed in accordance with the laws of India and. Subject to Clause 18 (b) (Dispute Resolution) below, You consent to the exclusive jurisdiction of the courts at Hyderabad, India for any and all disputes arising under or in connection with this Agreement, without regard to the principles of conflicts of laws.
(b) Dispute Resolution Any dispute, claim or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this Agreement to arbitrate, or Your use of the Platform or the Services or information to which it gives access, shall be determined by arbitration, before a sole arbitrator to be appointed by Fitmap and the User mutually. In the event that no consensus is reached on the appointment of the sole arbitrator, Fitmap and the User shall appoint 1 (one) arbitrator each, and the 2 (two) such appointed arbitrators shall mutually appoint a third arbitrator who shall act as the chairperson for the arbitration proceedings. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be Hyderabad, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
19. CHANGES TO THESE TERMS You are encouraged to periodically visit this page to review these Terms and any amendments or changes thereto. Fitmap reserves, in its absolute sole discretion, the right to amend or change these Terms at any time, as it may deem fit, without notice. Any such amendments or changes will be effective immediately and will be deemed to be a part Our Agreement. Your continued use of the Platform or the Services after any such amendment or change signifies Your acceptance and consent to such amendment or change. Discontinuing Your use of the Platform or the Services will not affect the applicability of these Terms to Your prior uses of the Platform and the Services, in any manner.
20. SEVERABILITY In the event that one or more provisions of the Agreement are be found to be or become unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and / or enforceability of the remaining provisions of the Agreement which will continue to remain in full force and effect.
21. NO WAIVER Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect Our right to later enforce or exercise it. If We do waive a failure or breach by You, We will only do so in writing and that will not mean that we automatically waive any future failure of breach by You.
22. CONTACT If You have any queries regarding these Terms or Our Services, please contact Us at [●] [Stoicus Note: Please insert the email id for correspondence with the User] or call Us on the numbers provided on the Our Platform.