Gympik Terms of Service

IMPORTANT DISCLAIMER

The information provided through this site or sent to you by any trainer or center via gympik platforms is intended to assist you in your fitness efforts. All information is of a general nature and is furnished for educational purposes only. You agree and acknowledge that gympik is not a medical organization, hospital or staffed by medically trained personnel. The information provided through this site is not intended as a substitute for medical counseling, or the professional advice of your personal physician. Before you begin any fitness or nutrition program, consult your physician to determine if the fitness or nutrition program is right for your needs. Do not start a fitness or nutrition program if your physician advises against it. Please note that the trainers and centers displayed in our platforms are mere affiliates. We do not believe that anyone affiliate or employees can provide you with medical advice and nothing that you may read on this site or that is otherwise provided to you by the site's trainers, affiliates or employees should be construed as such. Although gympik and the site's trainers, affiliates and employees makes an effort to provide quality information to you, gympik disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through any of the platforms. For example, health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the information provided through this site or any other platforms will reflect the most recent findings or developments with respect to the particular material. Our platforms are intended for use only by healthy adult individuals. The platforms are not intended for use by minors or individuals with any type of health condition. Such individuals are specifically advised to seek professional medical advice prior to initiating any fitness or nutrition effort or program.

how you may use our materials : We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.

While every attempt has been made to ascertain the authenticity of the Platforms content, Gympik is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.

Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Gympik. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described there in.

Registration

There is no cost to register as a Member of the Site or any other Platforms. However, if you do not register, you may be precluded from using certain features. You must register as a Member in order to obtain to a fitness or nutrition program or apply to be a GYMPIK trainer (a "Trainer") or GYMPIK center (a "Center"). GYMPIK reserves the right, at its sole discretion, to reject any applicants or requests. Members who wish to become a Trainer acknowledge that they will be subject to, and must agree in writing to comply with, additional terms and conditions. In order to obtain a fitness or nutrition program, you must provide the Site or other Platforms with certain personal information. The Platforms privacy policy is expressly incorporated into these Terms by this reference. It is imperative that you provide accurate and truthful information about your health and physical condition during the registration process. In becoming a Member with the intent of using a fitness or nutrition program, you represent and warrant to GYMPIK that all of the personal information you provided during the registration process is true and correct. GYMPIK RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBER STATUS OR USE OF THE SITE IF GYMPIK DETERMINES THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN CONDITIONS. GYMPIK RESERVES THE RIGHT TO CANCEL YOUR MEMBER STATUS SHOULD YOU VIOLATE THESE TERMS AND ANY OTHER POSTED POLICY ON THE SITE.

Fees

Some of our features may require you to pay a subscription fee. You agree to pay the subscription fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested services. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.

Term, Renewal, and Expiration

Your subscription will renew automatically for consecutive periods of the same duration as the subscription term originally selected, unless we terminate it or you notify us by email at contact@gympik.com, and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

Account Security

You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. GYMPIK will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Limitations on Use

GYMPIK grants to you a limited personal, non-exclusive and non-transferable right and license to access the Platforms. Unless otherwise specified in writing, the Platforms are for your personal and non-commercial use. The Platforms including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans and programs and all other protectable intellectual property available through the Platforms (the "Proprietary Materials") are the Platforms property or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by GYMPIK. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials received through the Platforms to anyone. You agree not to rearrange, modify or create derivative works using the Proprietary Materials. You agree not to create, scrape or display our content for use on another web site or service. You agree not to post any content from the Platforms to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

Notice for Claims of Copyright Violations

If you believe that your work has been copied and posted on our Platforms in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information: Please provide:

• A description of the copyrighted work that you believe has been infringed.
• A description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our web site.
• Your address, telephone number, and email address.
• A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to us at the following address:

Gympik Health Solutions Pvt. Ltd.
#1357, 9th main, First Phase, JP Nagar,
Near Rajshekar Hospital, Bangalore- 560078

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.

User Generated Content

We may offer Members and Trainers the opportunity to comment on and engage in discussions and otherwise post content on our Platforms. Any and all information, data, text, photographs, graphics, video, messages, tags, or other materials that Members and Trainers submit in connection with any of the foregoing activities is referred to as "User Generated Content." Members and Trainers are entirely responsible for all User Generated Content that they upload, post, email, transmit or otherwise make available via the Platforms. By posting User Generated Content on our Platforms, you automatically grant, and you represent and warrant that you have the right to grant, to GYMPIK, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that posting and use of your User Generated Content will not infringe or violate the rights of any third party. We retain the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any User Generated Content. Without limiting the foregoing, we retain the right to remove any User Generated Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, your use of any User Generated Content, including any reliance on the accuracy, completeness, or usefulness of such User Generated Content. We do not control the User Generated Content or guarantee the accuracy, integrity or quality of such User Generated Content regardless of who posted it and whether or not the person who posted has been accepted as a Trainer or Member. You understand that by using the Platforms you may be exposed to User Generated Content that is offensive, indecent, and/or objectionable. Under no circumstances will we be liable in any way for any User Generated Content, including, but not limited to, any errors or omissions in any User Generated Content, or any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available via the Platforms. You acknowledge, consent and agree that we may access, preserve and disclose your account information and User Generated Content if required to do so by law or in a good faith belief that it is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms (iii) respond to infringement or other claims; or (iv) protect our rights, property or personal safety of our Members and the public. In addition to the foregoing, you acknowledge and agree that if you send any User Generated Content to GYMPIK or any of its employees or Trainers by email or other method (other than posting through our Platforms), that such User Generated Content becomes the non-exclusive property of GYMPIK. GYMPIK shall have no obligation to return such content to users.

Conduct

We reserve the right to terminate your Member status if you misuse the Platforms or violate these Terms including, without limitation, the following rules of conduct:

You may not:

• Upload, post, transmit to other Members by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
• Impersonate any person or entity, including another Member, Trainer, or other employee of GYMPIK, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted.
• Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships.
• Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• Upload, post, transmit to other Member by any means, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Upload, post, email, transmit to other Members by any means, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Attempt to interfere with or disrupt our servers or networks.
• Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
• "Stalk" or otherwise harass another; Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including user names or passwords; or access or attempt to access another user's account without his or her consent and/or
• Post, disseminate, transmit or otherwise distribute your personal data or plan data on any website or through other digital, electronic or printed forum.

DISCLAIMERS OF WARRANTIES

You use the platforms at your own risk. Gympik expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the site or other platforms and assumes no liability or responsibility for any errors, mistakes, or inaccuracies in such content. You agree that your access to, and use of, the site and the content and services available through the platforms is on an "as-is", "as available" basis and gympik specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement. Gympik does not warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in our platforms. If any applicable authority holds any portion of this section to be unenforceable, then gympik will be limited to the fullest possible extent permitted by applicable law.

Limitation of Liability

You acknowledge and agree that gympik shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if gympik has been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use the platforms; (b) the use of any content or other material on the platforms or any websites linked to the platforms, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or site purchased or obtained or messages received or transactions entered into through or from the platforms; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on the platforms; or (f) any other matter relating to the platforms. In no event shall gympik's total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], or otherwise) exceed the amount paid by you to gympik. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.

Trainers

Gympik does not endorse or recommend any trainer or cetner on the site. Any statements, programs, opinions, or other information that may be provided to you by a trainer or center are solely attributable to the trainer or center respectively- not gympik or the platforms. Reliance on any information provided by a trainer or center on or through the platforms is solely at your own risk. Before you begin any fitness or nutrition programs, consult your physician to determine if the fitness or nutrition programs are right for your needs. Gympik makes no representations or warranties as to the conduct, ability or the efficacy, accuracy, completeness, timeliness or relevance of the information provided by the trainers and/or the services provided by said trainer or by third parties featured on the platforms including but not limited to, celebrity trainers. In no event shall gympik be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the platforms, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from your use of any information, program or suggestion provided to you by a trainer, center or communications or meetings between trainers and members of or any other persons you meet through the platforms. You agree to take reasonable precautions in all interactions with trainers, centers, celebrity trainers, third parties and other members, particularly if you decide to meet offline or in person. In the event the platforms chooses to promote the services of any third party, including but not limited to, a celebrity trainer, you agree and acknowledge that the celebrity trainer will not personally be providing the fitness or nutrition programs, nor communicating with individual members directly or personally.

Indemnification

You agree to defend, indemnify, and to hold Gympik harmless, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) arising, resulting from or relating to: (a) your use of the platforms or your inability to use the platforms; or (b) an allegation that you violated any representation, warranty, covenant or condition in these terms. Your agreement to defend, to indemnify, and to hold Gympik (and its officers and directors) harmless applies whether a claim against Gympik is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the site caused damage to you or to any third party and/or your use and access to the site. This indemnification section shall survive your termination of or cessation of use of the platforms.

Third Party Web Sites

We may link to, or promote platforms or services from other companies or offer you the ability to download software from other companies. You agree that GYMPIK is not responsible for, and does not control, those websites. GYMPIK encourages you to be aware of this when you leave the Platforms, and to read the legal notices and privacy policies of each and every website or media you visit. Your use of a third-party website will be subject to such third-party's terms of use and privacy policy.

Governing Law and Choice of Forum

These Terms contains the final and entire agreement between us regarding your use of the Platforms and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Platforms. We may discontinue or change the Platforms, or its availability to you, at any time. These Terms are personal to you, which mean that you may not assign your rights or obligations under this Agreement to anyone. You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of the State of Karnataka, India applicable to contracts made entirely within Bangalore and wholly performed in Bangalore, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Platforms will be an appropriate state court located in Bangalore.

Miscellaneous Terms

GYMPIK may assign its rights and obligations under these Terms. These Terms will inure to the benefit of GYMPIK's successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Promotions and Offers

We may, as part of our services to users, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. The Platforms reserves the right to send particular promotions to particular Members, Trainers, and other individuals. Price discounts cannot be used together or combined with other discount offers, unless specified explicitly. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. Unless you have elected not to receive promotional information, we may also use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.

© 2016 - 2017 Gympik Health Solutions Pvt. Ltd. All rights reserved.