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Disclaimers

 

THE USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICE, WHETHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE TO USE THE SITE OR SERVICE. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.


DISCLAIMER: PLEASE TAKE NOTE ACCESSING, BROWSING OR OTHERWISE USING THE SITE, www.bodytransformationsystem.fit INDICATES THAT YOU AGREED TO THESE USER TERMS AND CONDITIONS SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

 

User Terms & Conditions

1. ELECTRONIC RECORD

1.1 The present document shall constitute and be deemed to be electronic record as defined and in accordance to the provisions of the Information Technology Act, 2000 and the rules made there under, applicable to electronic record, as well as any amended provisions including but not limited to legislations stipulated in various statues relating to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.2 This document is being published on www.bodytransformationsystem.fit in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.

1.3 IF YOU DO NOT AGREE TO THESE TERMS, THE COMPANY IS UNWILLING TO LICENSE USE OF THE SERVICE TO YOU. YOU AGREE THAT YOUR USE OF THE SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

2. INTRODUCTION

 

2.1 We thank You (“Customer/User/You/Your”) for registering with Body transformation system private limited and/or BTS as its brand, (“We”/”Us”/”Our”/”BTS”) on www.bodytransformationsystem.fit (“Website”) as well as on our Mobile Application (“App”). Your agreement with us includes these User Terms and Conditions of Use (“Terms”) and our Privacy Policy (together the “Policies”). If You don’t agree with these Terms, then please don’t use our services (defined later). Please note that You will not be able to book services offered by BTS, if You have not clicked and accepted these Terms.

 

2.2 That any registration information that You submit to Us is true, accurate and complete, and You agree to keep it that way at all times.

3. MEMBERSHIP ELIGIBILITY

Use of the Website and/or the App as well as other services provided by BTS are available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website/App or place orders telephonically. If You are a minor i.e. under the age of 18 years, You shall not register as a member of the Website/App and shall not transact or use the Website/App or avail any Services. It is however clarified that whilst registering as a member of the website or placing services telephonically, BTS shall solely rely upon the information provided by You and representations made. In the event the information provided is found to be incorrect, You undertake to indemnify BTS and hold BTS harmless against any third party civil or criminal claim.

4. DEFINITIONS

4.1 “Account” means an account created on the Service for a specific User to use the Service.

4.2 A “User” is a user of the Service that has been provided a license to use the Service under this Agreement that has not been terminated.

4.3 An “Individual User” is a User that uses the Service for their own personal use.

4.4 A “Professional User” is a dietician, personal trainer, or similar professional that uses the Service for their clients and has been accepted by the Company as a Professional User.

4.5 An “Authorized Client” is a client of a Professional User that is also a User.

5. USER ACCOUNT, PASSWORD AND SECURITY:

5.1 For any service to be made through the Website/App directly it is mandatory for You to become a member. Upon registering Yourself, You will receive a One Time Password (“OTP”) and account designation upon completing the Website/App’s registration process. You are responsible for maintaining the confidentiality of the OTP and account, and are fully responsible for all activities that occur under Your account. You agree to (a) immediately notify BTS in case of any unauthorized use of Your account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. BTS cannot and will not be liable for any loss or damage arising from Your failure to comply with this clause.

5.2 It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password. The Company will not be liable for any loss that You may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, You shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.

 

6. USE OF OUR SERVICES:

6.1 You understand and agree that by registering with BTS, You will be able to opt for services (“Services”) within the premise and comforts of your home. BTS is only an aggregator/marketplace for nutritionist and mentor of different grades and caliber.

6.2 The rates that apply to our mentor are on basis of their skill and knowledge. The ratings for all our mentors are dynamic and driven by customer feedback, number of likes and are therefore subject to change from time to time.

6.3 At BTS, all appointments booked online are subject to availability of Mentors and service slots. In the event You have booked an appointment, and our mentor fail to reach You on time, every attempt will be made to inform You of such delay. However, our liability under any and all circumstances shall be limited to rescheduling the appointment to the next convenient available time slot.

 

6.4 Without limiting any provision herein, You are responsible for any use of your credit card or other payment instrument by individuals that access your Account;

 

6.5 You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;

6.6 You shall not have an Account or use the Service if You have previously been removed by the Company;

 

6.7 You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;

 

6.8 You shall not use your Account to engage in any illegal conduct;

 

6.9 When creating or updating an Account on the Service, You may be required to provide the Company with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Company’s Privacy Policy. You agree that You will supply accurate and complete information to the Company, and that You will update that information promptly after it changes.

 

6.10 This Site offers health, diet and nutrition related information, but is designed for informational purposes only, and is not intended as a substitute for the advice provided by your physician, nutritionist, dietitian or other healthcare professional. This Site is not a certified weight loss program and does not provide any medical or health advice. If you have any concerns or questions about your health or the content on the Site and/or Service, you should always consult with a physician, nutritionist or other health-care professional. You should not use the information on this Site for diagnosing or treating a health, nutrition or weight loss problem or disease, or prescribing any medication or other treatment. You should always speak with your physician, nutritionist or other healthcare professional before adopting any diet or meal plan for health problems or dietary restrictions.

 

7. USER CONDUCT

 

7.1 By choosing to opt for a service You understand and agree that while our aim is to deliver a great service experience every time, there are certain obligations on You as Customer as well.

 

  1. You shall be liable to make complete payment for all Services availed as per the invoice presented to You after use of Services which shall include service fees, item costs and statutory taxes.
  2. You shall ensure that there is no misuse, soiling and/or damaging of any of the devices/products (technical and/or non-technical) used by the trainer/mentors.

iii. You shall not at any time ask the service provider to commit/omit doing any act that is contrary to the scheme adopted by the trainer/mentors in course of rendering Services. Our mentors have the right to refuse a service request from the Customer for any reason whatsoever. In case of any grievance in this regard, You are advised to kindly contact our customer care for complaints and assistance.

  1. You or any member within Your home premise, shall not at any point misbehave with our service provider, harass or use abusive language or use physical violence and/or behave in any manner that is unlawful. In the event You are unhappy with the Services, You may ask our mentor to leave, followed by lodging a complaint/feedback on our Website/App. We will get back to You with specialized assistance within 24 hours of receipt of the message.

7.2 BTS endeavors to provide a comfortable and flawless experience to all its customers. However, in case of any loss or damage suffered by the Customer arising directly out of the service provider fault and solely attributable to the negligence of the service provider, the total liability of BTS shall in all cases be limited to an amount not exceeding Rs 5,000/- (Rupees Five Thousand Only) subject to a detailed enquiry and inspection by BTS. BTS shall not be liable for any damages of any kind arising from the use of the Services in case such damage is incidental, punitive, and consequential.

 

7.3 BTS encourages all its Customers to take full responsibility of their belongings. In case any items or belongings of the Customer is found to be missing post availing Services, the Customer shall have to notify BTS within twenty four (24) hours from the time of availing such Services. BTS shall try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.

 

7.4 If the Customer suspects any wrongdoing (legal or illegal) or has any complaint in respect of the Services or regarding the service provider, the Customer is encouraged to inform BTS of the same in writing within 24 hours of using the Services of BTS. BTS shall not be liable for the conduct of its service provider if not informed.

7.5 Cancellation of Services – In the event the Customer has booked a service provider on the Website/App and made an online payment for same, BTS shall send a message using Short Messaging Service (SMS)/Whatsapp to the designated contact number of such Customer, confirming such Services and acknowledging such payment. In the event the Customer cancels the appointment, once the payment for the same is made, the Customer shall have the following options for refund:

  1. Refund of entire amount paid, in to the designated bank account of such customer. This may take up to 14 working days depending on the bank of the customer.
  2. Refund of entire amount paid, into the service provider account after deduction of 5%(Transaction charges,Taxes etc.)

8. SUBSCRIPTIONS AND PAYMENT

8.1 You may access and use the Site and/or Service by either a free-of-charge service, or a monthly or annual fee-based subscription (“Paid Subscription”).

8.2 If You are using a Paid Subscription, your online credit or debit card payments to the Company will be handled and processed by third party service (“Third-party Provider”) and none of the sensitive data in relation to your payment will be stored on or used by the Site and/or the Service. Notwithstanding the foregoing, only the last 4 digits of Your credit/debit card will be stored on the Site to let You know which card you are using towards your Paid Subscription. The Company shall not be liable for any payment or similar issues that arise due to the Third-party Provider. The Company may change the Third-party Provider from time to time. The current Third-party Provider used by the Company is Stripe.

8.3 The Company may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. By continuing to use the Site and/or Service after the price change takes effect, you accept the new price.

8.4 If you sign up for the free trial, your credit card will not be charged until after your free trial is over. Subscriptions continue automatically after the free trial is over, but You can cancel your membership beforehand and still use the full duration of the free trial.

 

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, BTS owns all Intellectual Property Rights to and in the Website/App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that You shall not use, reproduce or distribute any content from the Website/App belonging to BTS without obtaining an express authorization from BTS.

9.2 Notwithstanding the foregoing, it is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which You may upload, transmit or store when making use of our Services. However, with regard to the product customization Service (as against other Services like blogs and forums) You expressly agree that by uploading and posting content on to the Website/App for public viewing and reproduction/use of Your content by third party users, You accept as the User whereby You grant a non-exclusive license for the use of the same.

9.3 By transmitting or submitting any User Content while using the Service, You affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code.

9.4 You hereby grant Company a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content (except for User Trademarks) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless BTS from and against any and You shall indemnify and hold harmless BTS, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights of a third party.

11. PRICING

Prices for products and Services are described on our Website/App and are incorporated into these Terms by reference. All prices are in Indian rupees and are subject to change at the sole discretion of BTS without prior notice to the Customer.

12. TERMINATION

12.1 BTS may de-register You from its platform and/or terminate Your use of the Website/App or its Services if it believes, in its sole and absolute discretion that You have breached, violated, abused, or unethically manipulated or exploited any of these Terms.

12.2 Notwithstanding anything mentioned in 9.1 above, these Terms will survive indefinitely unless and until BTS chooses to terminate them.

12.3 If You or BTS terminates Your use of the Website/App or any Service, BTS may delete any content or other materials relating to Your use of the Service and BTS will have no liability to You or any third party for doing so.

12.4 You shall be liable to pay for any Service or product that You have already ordered / used till the time of Termination by either party whatsoever.

13. GOVERNING LAW

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. In the event of dispute between the parties pertaining to these Terms as well as for any Service/product sold by BTS through the Website/App or for bookings made telephonically, the same shall be subject to the exclusive jurisdiction of the of the court of India

14. SEVERABILITY

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

15. AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time without any prior notification to user(s) and the amended and revised Terms shall be effective forthwith. Your continued use of our Services will signify Your deemed acceptance of the revised Terms.

All amended terms automatically take effect 10 days after they are initially posted on this site. Your use of the Website following the effective date of any modifications to this agreement will constitute your acceptance of the agreement, as modified. You agree that notice on the Site of modifications is adequate notice.

16. PROVISION OF SERVICE

Subject to the terms of our Privacy Policy, we reserve the right to monitor the Service for purposes of determining that your usage is in compliance with this Agreement and applicable laws. In addition, and as described elsewhere in this Agreement, we maintain an absolute and unconditional right to review and remove material accessible by or transmitted through the Service that, in our sole discretion, we believe is in violation of the law or this Agreement or is unacceptable to us in our sole discretion.

From time to time and without prior notice to you, we may change, expand and improve the Site and Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service or portions of the Site. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to You, and Your use of the Site and/or Service do not entitle you to the continued provision or availability of the Site and Service.

BY USING THE SERVICE OR ACCESSING THE SITE OR SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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