By availing the Services, the User states and confirms to have read, understood and agreed to these Terms, as amended by the Company from time to time at its sole discretion. In the event of a User not agreeing to any or all of the terms and conditions specified herein, such User is requested not to access FitterFly and/ or avail the Services of the Company. Users are expected to review these Terms periodically to ensure that they are aware of all changes or amendments made thereto.If the User does not agree with the amended Terms, he/ she shall not avail themselves of the Services offered by the Company. User’s continued access or use of the Services following such amendments constitutes the User’s acceptance of the amendments.
Permission.The Company grants the User a non-exclusive, revocable, non-transferrable and limited license to access and use the Services on his/her/its personal device as made available through FitterFly provided therein for his/ her personal use. The Company may, from time to time, update or modify features of FitterFly and Fitterfly Products, release new versions and create new models related to FitterFly therein, each of which may, at its discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to the Services through the respective login credentials authenticated for a particular User.
Eligibility. The User confirms that he/she is legally eligible to contract and avail themselves of the Services rendered through FitterFly. The User further confirms that he/she is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian guidance, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Services. On registering with Fitterfly, User shall be entitled to avail Services either through the Site or by means of the FitterFly Products provided therein. FitterFly Products shall mean and include all applications (“Applications”), tools and devices (“Gadgets”) designed to provide the User with a holistic fitness experience. Should the User seek to avail Services by means of Fitterfly, the User shall ensure that he/she provides accurate information, contact details and health related information and keeps such information regularly updated with FitterFly. User understands and acknowledges that all statements, assessment, analysis, reviews and reports (collectively “Reports”) generated on FitterFly based on the medical and health information provided by the User, are for general information purposes only. The User shall not act on or refrain from making any decision on the basis of such information without seeking professional advice from a doctor or qualified healthcare practitioner. The User shall further comply with the additional requirements specified for FitterFly Products as described herein below and as may be amended from time to time:-
Usage of Site. FitterFly allows the User to submit personal information such as, age, gender, height, weight and such other nutritional, medical and/ or health related information as may be required by manually entering the relevant information (“Submissions”). Based on the Submissions of the User, FitterFly will generate the required health, nutritional and fitness Reports. The Reports provided by the Application are a general indicator of health and cannot be used by the User as a substitute for any medically prescribed reports or treatments. The Company shall take care to ensure that all Submissions provided by the User and the reports generated thereon are subject to such confidential measures as may be prescribed by applicable law.
Fitness Assessment Stores. In addition to the Submissions uploaded on FitterFly or without going through the process of registration online on FitterFly, Users can receive the Services of getting the assessment of him/ her or his/her children by visiting the nearby Fitness Assessment Stores of the Company and taking the prescribed fitness assessment test which includes running, hand grip, standing broad jump, curl ups and back saver test, under the guidance and monitoring of a professional fitness instructor/ trainer (“Fitness Assessment Test”). In an unliklely event if the child gets hurt during the assessment, Fitterfly will not be held responsible for the same. The Users visiting the Fitness Assessment Stores will be registered online by the staffs and the Reports based on the Fitness Assessment Test will be provided online to such Users.
Gadget. The use of the Fitterfly Gadgets by the User shall be subject to such terms and conditions as provided on the Gadget. The User can wear the Gadget which tracks the complete activities of the User including the intake of food, steps walked, location etc. and assesses the health/ fitness / location status of the User.
The Parent or Guardian understands that the Fitness Assessment is a set of physical task and will not hold the company responsible or liable in an unlikely event of hurt/injury to the child during assessment.
Users are prohibited from violating or attempting to violate the security of FitterFly, including, without limitation the following activities:
accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with Services to any User, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”.
In addition to the above, the Users shall not:
modify, adapt, translate, or reverse engineer any feature of FitterFly;
remove any copyright, trademark or other proprietary rights contained in FitterFly;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or for crawling FitterFly and scraping content or to circumvent the technological methods adopted by FitterFly to prevent such prohibited use;
reformat or frame any portion of the pages that are part of Fitterfly;
create User accounts by automated means or under false or fraudulent pretenses;
submit any content or material that falsely expresses or implies that such content or material is sponsored or endorsed by FitterFly;
transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
transfer or store illegal material including those that are deemed threatening or obscene;
take any action that imposes, or may impose, in Company’s sole discretion, an unreasonable or disproportionately large load on FitterFlys' IT infrastructure;
use the Services for purposes otherwise than for personal use, or resell and charge others for use of or access to the Services, or in any other manner inconsistent with these Terms.
The Users will be required to select a username and password when completing the registration process with FitterFly. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password. The User agrees to: (a) immediately notify FItterFly of any unauthorized use of his/her username and password or any other breach of security; and (b) ensures that the User has logged off from his/her account at the end of each session. FitterFly will not be liable for any loss or damage arising from your failure to comply with this paragraph.
FitterFly acknowledges that it employs industry standard security protocol to ensure that the information which Users store in the Application is protected. The Application is hosted on a secure server. Access to data is protected by password by the database server, which only accepts connections from the web server, and all the information transmitted from the User’s account to the web server are secured by industry standard transport layer security, specifically server-side SSL. However, the Company shall not be held responsible for the loss of content or the information that is being transmitted through the Application due to any technical issues from other sources.
User may be able to access certain third-party links, applications or content via accounts related to our Services. Company shall not be liable for the information security practices or other actions of such third-party applications. Company shall also not be responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any third-party applications, or any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party applications.
User understands and agrees that any violation of the Terms by the User, especially Clause8,entitles FitterFly to take such actions as may be required to prevent such violation, including and up to, termination of the Users registration and/or blocking their use of the Services.
Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
The User acknowledges that in no event shall Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the Services, including without limitation, ill health, bodily injury, mental and emotional distress and any other damages resulting from use of the Services.
Both FitterFly and FitterFly Products provided therein, including all the information, images, source code, web layout, logos, trade names, domain names, service marks and other materials on it, including the look and feel of the site, the health and fitness reports generated by FitterFly (collectively “Web Content”), are the exclusive intellectual property of the Company and/or its affiliates. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of such Web Content, without express and written approval of the Company shall be violation of the relevant intellectual property laws.
The Company respects the intellectual property rights of others (the “Claimant”) whose work might allegedly be infringed by the Company. If the Claimant believes that any material on FitterFly infringes upon their copyright, they may notify the Company through an email at email@example.com
User may deactivate his/ her account at any time, for any reason by sending an email to firstname.lastname@example.org. The Company may also suspend or terminate your use of FitterFly, your account and/or registration for any reason at any time. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications, materials and reports posted or uploaded to FitterFly pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide the Services.
EXCEPT WHERE PROHIBITED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. It is hereby reiterated that, to the maximum extent permitted by applicable law, the Company does not make any warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or the Web Content. To the maximum extent permitted by applicable law, the Company do not warrant that (i) the Services will meet your requirements, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) such errors will be corrected.
Any oral or written advice provided by the Company or agents/employees/associates/affiliates of the Company does not and will not create any warranty. To the maximum extent permitted by applicable law, Company does not make any representations or warranties of any kind with respect to the Web Content provided by the Company. Further no advice or information, whether oral or written, obtained from Website and the Software therein, will create any warranty not expressly made herein. User therefore expressly acknowledges and agrees that use of the Services is at the User’s sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with the User.
Neither the Company nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use FitterFly or the Software including, but not limited to,
(a) damages caused by use or misuse of any information provided as a result of use of Fitterfly,
(b) damages caused by any action taken (or refrained from being taken) as a result of the information provided by the Application or Gadget,
(c) damages caused by viruses, malfunctions, or harmful components accessed through FitterFly,
(d) damages by ill health, loss of life, or any other physical or medical ill consequence whether foreseeable or unforeseeable cause as a result of the use of information provided by Fitterfly and the Software therein and
(e) damages caused by any failure or delay due to causes beyond reasonable control of the Company, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns, or the inability to procure supplies or materials
To the maximum extent permitted by applicable law, the User agrees to indemnify and hold the Company, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of
(a) the User’ access to and use of the Services;
(b)any health advise or activities acted on in connection with the Services (including, but not limited to, any health related activities in connection with any contests, races, group activities, or events that the Company may sponsor, organize, participate in, or where the Services are employed),
(c) User’s connection to the Services,
(d) User’s violation of these Terms,
(e) User’s use or misuse of any health related information or tracking information obtained through the Software,
(f) Users employment of the Services to advise or locate any third party etc. The Company reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify us under these Terms, and User agrees to cooperate with our defense of these claims.
These Terms shall be governed by, interpreted and construed in accordance with the laws of Republic of India. User will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law at Hyderabad, Telangana.
The Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for mere convenience of the User.