Terms and Condition
1) Introduction
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”).
The Company is committed to protecting the privacy of its Users, in accordance with the provisions of applicable laws and regulations, including the Indian Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (hereinafter referred to as the “Data Privacy Rules”). The purpose of this Privacy Policy (“Policy”) is to explain the manner in which the Company may collect and process such personal information. This Policy applies to personal information collected the Company by any means, including personal information collected through the Platform.
Unless otherwise provided under this Policy, your use of the Platform or the products and/or services offered by the Company, signifies your acceptance of the Terms of Use, terms and conditions and medical waiver posted on our Platform. This Privacy Policy and your agreement to be legally bound by the same.
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
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
2.3) The Company does not collect any other categories of SPDI and asks that you do not share your SPDI with the Company and/or its employees or representatives. The Company may however collect your feedback in relation to its products and/or services availed by you and also request you to provide the reasons / circumstances due to which you availed of such products and/or services. In case you choose to divulge any SPDI such as medical information, information relating to your mental health condition etc. as a part of the feedback provided by you to the Company, you hereby agree to the use and processing of such information by the Company in accordance with
the terms of this Privacy Policy.
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 such employees and representatives who it reasonably believes need that information to fulfil their duties and to provide the products and/or services sought. 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.
5) Membership
5.1) 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.
5.2) 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”).
5.3) 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.
5.4) 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.
5.5) Use of another User’s Account information for availing the Platform Services is expressly prohibited.
5.6) 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.
5.7) Individuals under the age of 18, or the applicable age of majority in their respective province, territory or country (“Minors”), may utilize the membership(s) / sessions / book a class (including free of cost classes) or any activity, only with the involvement and consent of the parent or legal guardian, under the account / membership of such parent or legal guardian and at all times, subject to these Terms of Use. In this regard, the parent or legal guardian of such Minor agrees to indemnify, defend and hold harmless the Company and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses
(including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company and its business partner(s) that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
6) Subscriptions
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.
6.1) 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.
6.2) 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.
6.3) 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.
6.4) 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.
6.5) 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.
7) Polices related to booking/rescheduling/cancellation of classes or membership and In-house Polices
7.1) 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.
7.2) 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.
7.3) 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.
7.4) 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.
7.5) 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.
8) Advertising
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.
9) 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.
10) Access and Accuracy
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.
11) Changes to the privacy policy
The Company may amend or modify the terms of this Policy from time to time, without notice. You should therefore review the Privacy Policy, from time to time. Any changes will be effective immediately upon the posting of the revised Privacy Policy.
12) 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: support@fertilitydost.com
13) Governing Law and Dispute Resolution
13.1) 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.
13.2) 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”).
13.3) 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.
13.4) 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.
13.5) 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.
13.6) 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.
MEDICAL WAIVER
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.
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.
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.