This user agreement (“Agreement”) is an agreement between you and Femtech Fertility Dost Private Limited ("Company" or “FertilityDost’ or "we" or "us" as the context requires) governing your use of Company’s products, software and/or services with the characteristics and features as described on www.fertilitydost.com (“Website”) and the FertilityDost mobile App (“App”) and (referred to collectively as the "Services"). FertilityDost may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"), providing the Services to you on behalf of us. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement.
FertilityDost has created this Website/App to provide Users, the Services which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles and to provide the Users access to healthy and nutritious food products. While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
Femtech Fertility Dost Private Limited (hereinafter referred to as “Company” or “we” or “our” or “us”) is involved in providing products and services that can curate the lifestyle of couples going through infertility through physical fitness including mindful yoga, meditation, proper diet routine and other related training activities. In the course of providing such services, we may collect and/or otherwise gain access to certain personal information about our customers and users of the Platform (hereinafter collectively referred to as “Users” and individually as “User” or “you”, “your” or “yourself”).
2. INFORMATION COLLECTED
2.1 The Company collects your personal information that is reasonably required for providing its services and carrying out its functions. If required, the same will be shared with the medical practitioners/healthcare provider for better consultation and providing of lifestyle services. In particular, the Company may collect the following types of personal information of the Users:
- a) name;
- b) address;
- c) contact details, including email, telephone numbers, employer;
- d) Gender, date of birth;
- e) Spouse details;
- f) location;
- g) Medical information/mental health;
- h) storing cookies to record users preferences and activity
By providing FertilityDost your email address/ phone number you consent to:
1. our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of Service-related communications vide email/mobile number or entirely.
2. Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.
3. Our using on your email address, home address, phone number and other ancillary information to fulfil the orders placed by you; and
4. Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.
5. Grant such permission to contact you through telephone, SMS, e-mail and holds the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do not Call (DNC) database.
2.2 In addition to above, the Company may also collect such personal information which may constitute as Sensitive Personal Data or Information (“SPDI”) under the applicable laws, such as:
a. passwords for accounts created on websites and /or mobile applications maintained by the Company
At any time while availing the services provided by the Company, you will have the option to withdraw your consent to the use/disclosure/retention of such SPDI, provided that the same is communicated to the Company in writing. In such an event, the Company will be entitled to immediately terminate the services offered and/or your access to the Platform.
3. PROCESSING OF PERSONAL INFORMATION
The personal information collected may further be used by the Company-
- a. for providing products or services requested;
- b. to contact you/ sending further communication/recommendations relating to our products/services/new launch/offers/laws
- c. communicating the revised policies or terms and conditions
4. DISCLOSURE AND TRANSFER
The Company discloses your personal information only to those who it reasonably believes need that information to fulfil their duties and to provide the products and/or services sought by users. The Company will not disclose, transfer or share your personal information with any third-parties, other than with:
- a. third parties to perform functions and provide services to the Company, including, without hosting and maintenance, database storage and management, payment transaction services, etc. We will share your personal information with these third parties, but only to the extent necessary to perform their functions and for providing their services;
- b. our affiliates to the extent required for our internal business and/or administrative purposes and/or general operations and for provision of services;
- c. government agencies in limited circumstances, including when complying with legal process, for verification of identity, or for preventing, detecting, investigating and for prosecution and punishment of incidents including cyber incidents, fraud or imminent harm, and ensuring the security of our network and services;
- d. to establish or respond to a legal claim against the Company;
- e. courts, tribunals and other authorities pursuant to orders issued by them or pursuant to mandate under law.
TERMS OF SERVICE
1.1 Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website/ App by notifying the same on our Website/App from time to time without prior notice to you. We will not be liable, if for any reason our Website/App or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website/App, or our entire Website/App, to Users who have registered with us.
1.2 FertilityDost grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without Company’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
1.3 In order to access the Services, you will need to register on the Website/ App and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.
1.5 You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website/ App you expressly consent to such sharing of the information provided by you.
1.6 Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify FertilityDost of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to .
1.7 You have a right to review, update and correct your personal information that the Company holds. Should you need to update or correct any Personal Information provided by you, please contact the Company's Official mail ID details are provided below and we will make reasonable efforts to incorporate the changes in your personal information that we hold, as soon as practicable.
1.8 You are responsible for making all arrangements necessary for you to have access to our Website/App/Mar and thereby the Services. You are also responsible for ensuring that any persons who access our Website/App and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to Company for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
1.9 FertilityDost reserves the right to refuse access to use the Services offered at the Website/ App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by the Company from using the Website/App or Services for any reason whatsoever.
1.10Subject to these terms and conditions of use, Company grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.
2.1 You must be legally capable of entering into a binding contract and must not be a person barred from receiving Platform Services under the applicable laws, in your province, territory or country, to sign up as a registered user of the Platform Services. You agree that your use of the Platform does not violate any applicable law or regulation of your province, territory or country.
2.2 In order to avail the Platform Services on the Platform, you will be required to register on the Platform by providing details about yourself, including your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”). Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session.
2.3 You shall ensure and confirm that the Account information and Payment Details (as defined below) provided by you is complete, accurate and up-to-date at all times. If there is any change in the Account information or Payment Details, you agree to promptly update such information, as needed, to keep it accurate, complete and up-to-date. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or cancel your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against you at law or in equity, for any misrepresentation of information provided by you.
2.4 You will be responsible for maintaining the confidentiality of the Account information including confidentiality of your password for restricting access to your Account and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify the Company of any unauthorized use of your Account information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential.
2.5 Use of another User's Account information for availing the Platform Services is expressly prohibited.
2.6 You shall not have more than one active Account on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
2.8 Should you choose to upgrade any of the Services provided, through in-app purchases, payment will be charged to your credit/debit card and net banking through your iTunes account or Google Play Billing account at confirmation of purchase. Subscription renews automatically unless cancelled at least 24 (twenty four) hours prior to the end of the subscription period. Please note all in-app purchases in excess of Rs. 2,000 (Rupees Two thousand) per transaction shall be subject to additional factor authentication as mandated by the Reserve Bank of India.
2.9 You must notify FertlityDost about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to Company’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.
3. RESTRICTION ON USE OF SERVICES
3.1 You are not permitted to and shall not do any of the following acts, the breach of which shall entitle Company to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you.
3.2 Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;
3.3 Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website or the App;
3.4 Attempt to copy any software provided to you as part of the Services or the Website or the App and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
3.5 Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
3.6 Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
3.7 Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
3.8 Use any of Company’s domain name as a pseudonymous return email address;
3.9 Access or use the Website/ App in any manner that could damage, disable, overburden, or impair any of the Website/ App servers or the networks connected to any of the servers on which the Website/ App is hosted;
3.10 Access or attempt to access any content that you are not authorized to access by any means;
3.11 Access the Website/ App through any other means other than through the interface that is provided by us;
3.12 Alter or modify any part of the Services; and
3.13 Disrupt or interfere with the security of, or otherwise cause harm to the Website/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated linked sites.
4. RIGHTS RESERVED BY COMPANY
4.1 We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/App constitutes a violation of their intellectual property rights, or of their right to privacy.
4.2 We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
4.4 We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.
4.5 While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/ App and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
4.6 Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the Services, Company may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
4.7 We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Company, its Users and the public. Company shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.
4.8 We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website/App itself.
4.9 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
5. BREACH OF CONTENT STANDARDS
5.1 Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website/App;
5.2 Immediate, temporary or permanent removal of any contribution already posted on the Website/App using the Services, upon your failure to cure the breach that is brought to your notice;
5.3 Issue of a warning to you;
5.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.5 Further legal action against you; and
5.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
Upon such termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers. All licenses granted to you by Company to access the Website/App or the Services will automatically terminate.
6.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which Company may suffer). Company exercises no control over the content posted on the Website/ App using the Services. Your use of the content accessed or displayed using the Services is entirely at your own risk.
6.2 A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you. Company hereby disclaims any and all responsibility and liability associated with the same.
6.3 You acknowledge and agree that Company is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
6.4 You shall be responsible for monitoring your content, documents and other data and shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third party rights. You warrant that you possess such necessary licenses as may be required in order to process your content or use the Services.
6.5 You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6.6 You hereby acknowledge and understand that as a part of selling products on the Website/App, various vendors may post images, descriptions and other content. We as Company are independent aggregators of these vendors and will have no liability in relation to such content posted by the said vendors, including without limitation, in terms of the authenticity or reliability of such content, in any manner whatsoever.
7. CONTENT LICENSE FROM YOU
7.2 By Posting any User Content on the Website/App, you expressly grant, and you represent and warrant that you have a right to grant, to FertilityDost a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website/App and under this Agreement.
7.3 You understand that the Company, in performing the required technical steps to provide the Services to our users, may: (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit the Company to take these actions.
7.4 You are solely responsible for your contributions to any online forum which Company may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to Company, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to Company a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
7.5 You confirm and warrant to FertilityDost that you have all the rights, power and authority necessary to grant the above license.
8.1 Users may access the Platform Services by subscribing to our packages through a subscription fee-based program. Please read the fine prints of each Subscription Program and the Fitness Services before purchasing or subscribing, as the same provides all the details about the coverage and exclusions of the Subscription Program/the Fitness Services that you purchase.
8.2 Users may access the Platform Services by subscribing to our packages through a subscription fee-based program. Please read the fine prints of each Subscription Program and the Fitness Services before purchasing or subscribing, as the same provides all the details about the coverage and exclusions of the Subscription Program/the Fitness Services that you purchase.
8.3 Users may access the Platform Services by subscribing to our packages through a subscription fee-based program. Please read the fine prints of each Subscription Program and the Fitness Services before purchasing or subscribing, as the same provides all the details about the coverage and exclusions of the Subscription Program/the Fitness Services that you purchase.
8.4 You can become a subscriber to the Subscription Program by purchasing a subscription to the Platform Services from the website or through the mobile application (“Order”). If your Order is acceptable to us, we will confirm your Order and send you an email to confirm your access to the subscription purchased. Our obligation to provide the Platform Services shall arise only once we take receipt of your Order and send a confirmation regarding the same to you by email.
8.5 The Company reserves the right to not process or to cancel your Order in certain circumstances which the Company deems appropriate at its sole discretion. The Company also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Order. You may need to provide additional information to verify your identity before completing your Order. The Company will either not charge you or refund the charges for Orders that we do not process or cancel.
8.6 You will only have access to the Subscription Program while your subscription is active and subsisting. The App-based Products and Services shall be available on the Platform only upon purchase of the Subscription Program and will continue until the end of your current subscription period or till the prescribed number of classes under your Subscription Program gets completed, whichever is earlier.
We may provide our analysis and information relating to the use of the Platform made by you and other users (who may in turn use this information to provide advertisements tailored to your interests). Please note that advertisers that serve advertisements on the Platform may also use their own cookies and other technological tools which are subject to such advertiser's privacy policies, not this Policy.
10. DATA SECURITY
The Company has implemented appropriate security practices and procedures designed to protect your personal information from accidental or unlawful destruction, loss, damage, alteration, unauthorized disclosure, unauthorized access, unauthorized use, etc. in accordance with applicable law. Please ensure that any personal information that you share with the Company is shared securely.
12. ADDITIONAL TERMS FOR THE MOBILE APP
12.1 You are granted a limited, non-sub-licensable right to access the Mobile App, Desktop App, the Services and Data for the purpose of enabling you or other users to access the Website or the App and/or the Services via third party software or website. Any use of the Mobile App, Desktop App, is bound by the terms of this agreement plus the following specific terms:
12.2 You agree that you are solely responsible for (and that we have no responsibility or liability to you or to any third party for) any services and/or products you provide through any third party software;
12.3 You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we has been advised of the possibility of such damages), resulting from your use of the Mobile App and Desktop App;
12.4 You will not use the Mobile App or the Desktop App to create software that sends unsolicited communications (whether commercial or otherwise) to any third party;
12.5 We reserve the right at any time to modify or discontinue, temporarily or permanently the Desktop App and Mobile App by providing a notice of 48 (forty eight) hours with or without notice;
12.6 Abuse or excessively frequent requests to the Services via the Desktop App and Mobile App may result in the temporary or permanent suspension of your account’s access. We, in our sole discretion, will determine abuse or excessive usage;
12.7 We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the Mobile App and the Desktop App by providing a notice of 48 (forty eight) hours;
12.8 We may make available software to access the Service via the App using a mobile device. Company does not warrant that the App will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one Member account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Company may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and Company or its third party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement.
13. GRIEVANCES AND COMPLAINTS
In case of any grievances or complaints in relation to the processing of your personal information by the Company, the same may be addressed to the Company's Officer, at the following address: .com.
14. OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS
14.1 All right, title and interest in usage of the terms fertilitydost.com, Company including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
14.2 All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Company Wellness Products and Services Private Limited and its licensors. Any use of this Website/ App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Company Wellness Products and Services Private Limited.
14.4 By accepting the use of terms hereunder you agree that the Company does not transfer/assign the title to the Website/App to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Company, we retain the full and complete right, title and interest to the Website/App, and all intellectual property, title and interest to the Website/App, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website/App in any manner which is contrary to this Agreement.
14.5 Any usage of Company’s contents, without the written authorization of Company, shall be considered a breach of this Agreement, and you shall be required indemnify Company for all liability incurred in this regard.
15.1 You must not misuse our Website/App by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website/ App, the server on which our Website/ App is stored or any server, computer or database connected to our site. You must not attack our Website/ App via a denial-of-service attack or a distributed denial-of service attack.
15.2 By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ App will cease immediately.
15.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/ App or to your downloading of any material posted on it, or on any Website/App linked to it.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1 Governing Law: These terms shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi.
16.2 Agreement to Arbitration: You and the Company agree that any dispute, claim or controversy arising out of or in connection to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform or Platform Services (“Dispute”) will be settled by a binding arbitration (“Arbitration”).
16.3 Procedure of Arbitration: All Disputes, which you or the Company (“Disputing Party”) wishes to have resolved, shall be referred upon the application of either the Disputing Party or the other party to the Dispute and finally settled under [(Indian) Arbitration and Conciliation Act, 1996 (“Act”) and the rules made thereunder], in force at the date of intimation of such Dispute, which Act and rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be three (3). One (1) arbitrator shall be appointed by the Disputing Party and one (1) arbitrator shall be appointed by the other party to the Dispute and together the two (2) arbitrators so appointed shall appoint the third arbitrator. If within fourteen (14) days of a request from the other party to do so a party fails to nominate an arbitrator, or if the two (2) arbitrators fail to nominate the third arbitrator within fourteen (14) days after the appointment of the second arbitrator, the appointment shall be made in accordance with the Act and the rules. No officer, director, shareholder, employee, representative or relative of any party may be nominated or appointed as an arbitrator. The seat and venue of such arbitration will be [New Delhi]. The language of this arbitration shall be English and any document not in English submitted by any party shall be accompanied by an English translation. A written transcript of the proceedings shall be made and furnished to the parties.
16.4 Binding Award: Any award of the arbitrator or arbitral tribunal, as the case may be, pursuant to this clause shall be in writing and shall be final, conclusive and binding upon the parties, and the parties shall be entitled (but not obliged) to enter judgment thereon in any one or more of the highest courts having jurisdiction.
16.5 Costs of Arbitration: The arbitrator shall be entitled to award costs of the arbitration. Subject to the aforesaid, each party to any arbitration shall bear its own expense in relation thereto, including but not limited to such party's attorney's fees and the expenses and fees of the arbitrators shall be borne equally by the parties to the Dispute.
16.6 Class Action waiver: Where permitted under the applicable law, you and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and the Company agree otherwise, the court may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
1. Users can book their slot in classes only in advance, based on a period as decided by the Company and shown on the website or mobile application which may be changed by the Company over time at its discretion. Users may cancel or reschedule appointments using the Platform, subject to permitted cancellation and rescheduling timelines and availability of a timeslot.
2. The Company reserves the right to cancel or reschedule appointments and the Company shall not be liable for any inconvenience or loss caused to you as a result of such rescheduling, cancellation and delay in performance or failure to meet its obligations.
3. Users shall be permitted to cancel their booking only up to a certain time before the scheduled class, or as mentioned on the Platform while booking a class, post which the option of cancellation shall be disabled from the Platform In the event of cancellation of a scheduled class within 12 hours from such scheduled class, or in the event of excessive/ delayed/ last-minute cancellations, the Company reserves the right to charge such amount for cancellation, as may be determined by the Company.
4. The Company reserves the right to review the usage of the Platform Services by you. In the event the Company, based upon its sole discretion and wisdom, finds the behavior of a User as inappropriate or unbecoming, we reserve the right to deny admission or to suspend/cancel your membership/cancel your subscription.
5. All Subscription Programs purchased by you are non-refundable, non-exchangeable, non-saleable and non-transferrable. In the event, you wish to discontinue with your Subscription Program, you will not receive a refund for the fees you have already paid for your current subscription period, and you will be entitled to receive the Platform Services ordered until the end of your current subscription period or till the prescribed number of classes under your Subscription Program gets completed, whichever is earlier.
You acknowledge that the Platform allows you to avail services / buy products directly from the Company as well as from various trainers engaged by the Company, through online mode. We offer services through-
- a. online mode through our website www.fertilitydost.com; and
- b. the mobile application developed and operated by the us (“App-based Products and Services”) (collectively, “Lifestyle Fitness Services”).
1. In the interest of your physical and mental wellbeing, you understand and acknowledge that you are aware and participate voluntarily for the risks or injuries and/or any kind of loss inherent with fitness services and release the Company from all liabilities arising out of such risks.
2. You will not practice any program/fitness service under the influence of heavy medication, drugs, alcohol or does not practice the exercises offered while driving or working on machineries.
3. You would consult your physician or health care provider before enrolling for the program offered by us. In case you do not consult the physician and later on expected to be pregnant or suffer from some serious illness/disorder or have any other physical/psychological/emotional/medical condition, then we shall not be held liable for any kind of mental/physical/emotional/psychological loss/injury.
4. You would obtain a written approval from physician or health care provider before participating in any of the Company’s program if you are over 60 years of age or if you have any medical history that may put you at risk, including, without limitation, one or more of the following conditions:
- a) Heart disease;
- b) High blood pressure;
- c) Family history of high blood pressure or heart disease;
- d) Chest pain caused by previous exercises;
- e) Dizziness or loss of consciousness caused by previous exercise;
- f) Bone or joint problems;
- g) Diabetes, high cholesterol, obesity; or
- h) arthritis
5. The programs provided by the Company does not claim, represents or guarantees-
- a. pregnancy;
- b. the fitness/lifestyle services would not be a therapeutic benefit to all its users;
- c. exact duration, type, satisfaction from the services provided.
6. The Company is engaged into providing a platform for lifestyle fitness and is not a health care provider or medical practitioner nor a replacement of medical/mental/or any other type of therapy and does not intend to cure, treat or diagnose any medical condition which you may have.
7. All the programs are designed after thorough study of the medical history and current medical issues of the user and differ from user to user. Thus the desired results cannot be guaranteed.
8. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
9. The content of the Website/App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/App. Reliance on any such content is solely at your own risk.
10. The content provided on or through this Website/ App regarding drug or dietary supplements or products for sale on the have not been evaluated or approved by any regulatory authority including the Drug Controller of India.
You, for yourself and for your heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or claims of any nature whatsoever, including but not limited to any claims pertaining to a physical or mental injury or illness, or claims arising out of negligence of any Released Party (as defined below) or anyone else, that you may have now or in the future, against the Company, any of its affiliates, franchisees and their respective representatives, directors, officers, independent contractors, consultants, agents, employees or volunteer staff (“Released Party”), in relation to or in connection with or arising out of the availing of Platform Services by you. Without limiting the foregoing, you further release any recourses which you may, now or hereafter, have resulting from any decision of any Released Party.
You agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any claim made by you or anyone making a claim on your behalf, even if the claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
Please seek advice from your healthcare provider for your personal health concerns prior to taking healthcare advice from this app
Last updated on: 30 Aug 2022