TERMS OF USE

Welcome to www.fitwithpari.com and the FitWithPari mobile application (collectively referred to as the "Platform"). These Terms of Use ("Terms") govern your access and use of our Platform. Please read them carefully.

1. AGREEMENT TO TERMS

1.1. Acceptance of Terms: By accessing, browsing or using our Platform, you agree to these Terms. If you do not agree, you should discontinue your use immediately.

1.2. Modifications: We reserve the right to change these Terms at any time and your continued access or use of the Platform signifies your acceptance of the updated Terms.

1.3. Additional Policies: These Terms incorporate our Privacy Policy, which also governs your use of the Platform.

1.4. Conflict: In the event of any conflict between these Terms and any other policy, these Terms shall prevail.

1.5. Eligibility: By using the Platform, you affirm that you are at least 18 years old, or have received parental consent.

2. REGISTRATION AND ACCOUNT SECURITY

2.1. Account Creation: Some aspects of the Platform require you to create an account. You agree to provide accurate, current, and complete information during registration and all uses of this Platform.

2.2. Account Security: You are responsible for safeguarding the confidentiality of your account information and for all activities that occur under your account.

2.3. Notification: You agree to immediately notify us of any unauthorized use of your account or any other security breaches.

2.4. Responsibility: We will not be liable for any loss that may occur as a result of someone else using your password or account, either with or without your knowledge.

2.5. Usage: You are prohibited from selling, transferring or assigning your account or any account rights.

3. PLATFORM ACCESS AND USE

3.1. License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and use the Platform.

3.2. Restrictions: You may not use the Platform for any purpose that is unlawful or prohibited by these Terms.

3.3. Proprietary Rights: All content on the Platform, including text, graphics, logos, images, and software, is our property or the property of our licensors and is protected under copyright, trademark, and other laws.

3.4. Breach: Any unauthorized use of the Platform may violate these laws and these Terms and can result in termination of your access to the Platform.

3.5. Termination: We have the right to terminate or suspend your access to all or part of the Platform for any or no reason.

4. USER CONDUCT AND INTERACTION

4.1. Conduct: You agree to conduct yourself in a respectful and legal manner when interacting with other users on the Platform.

4.2. User Content: You are solely responsible for any content, including text, images, or other material, you submit, post, or share on the Platform.

4.3. Prohibited Content: You agree not to post or share any content that is unlawful, offensive, defamatory, or infringing on others' rights.

4.4. Monitoring: We reserve the right, but have no obligation, to monitor and review user interactions and content on the Platform.

4.5. Reporting: If you see any content or behavior that violates these Terms, please report it to us immediately.

5. THIRD PARTY LINKS AND SERVICES

5.1. Third Party Links: The Platform may contain links to third-party websites, services, and advertisements (collectively, "Third Party Links").

5.2. Disclaimers: We do not control, endorse, or assume responsibility for any Third Party Links and are not responsible for any damage or loss caused by their use.

5.3. Interaction: Your interaction with any Third Party Links is solely between you and such third party.

5.4. Terms and Privacy: You are responsible for reading the terms of use and privacy policies of any Third Party Links you use.

5.5. Liability: We are not liable for any harm or damages related to the use or reliance on any Third Party Links.

6. DISCLAIMER OF WARRANTIES

6.1. As Is: The Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

6.2. Functionality: We do not warrant that the Platform will be uninterrupted, secure, or free of errors or harmful components.

6.3. Content: We make no representations or warranties regarding the accuracy, reliability, or completeness of any content on the Platform.

6.4. Professional Advice: Any health or fitness advice provided on the Platform is for informational purposes only and is not a substitute for professional medical advice.

6.5. Liability: To the maximum extent permitted by law, we disclaim all liability for any damages or injury resulting from your use of the Platform or any content or services provided therein.

7. LIMITATION OF LIABILITY

7.1. Exclusion: To the maximum extent permitted by law, in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service.

7.2. Access: We are not liable for any unauthorized access to or alterations of your transmissions or data.

7.3. Conduct: We are not liable for any offensive or illegal conduct of any third party, including other users of the Platform.

7.4. Content: We are not liable for any content posted, emailed, transmitted, or otherwise made available through the Platform.

7.5. Jurisdiction: If you are a consumer and resident of a country in the EU, the above disclaimers and liability limitations may not apply to you.

8. INDEMNIFICATION

8.1. Agreement: You agree to defend, indemnify and hold us, our affiliates, and our respective officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Platform.

8.2. Conduct: This indemnification obligation includes any breach of these Terms, violation of any law, regulation, or the rights of a third party, and any content you post on the Platform.

8.3. Liability: You will not hold us responsible for any liability that arises from your use of the Platform.

8.4. Defense: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

8.5. Survival: This indemnification section shall survive any termination or expiration of these Terms.

9. FITNESS AND NUTRITION CONTENT

9.1. General Information: The fitness and nutrition content provided on the Platform is for informational purposes only and is not intended as a substitute for advice from a healthcare professional.

9.2. No Warranty: We do not guarantee any specific results from the fitness or nutrition programs available on the Platform.

9.3. Risks: You understand that participating in any exercise program can result in physical injury and you agree to do so at your own risk.

9.4. Professional Advice: Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or fitness regimen.

9.5. Interpretation: The information and materials provided on the Platform should not be interpreted as a diagnosis of any type of physical condition, or a recommendation for a specific treatment plan, product, or course of action.

10. COPYRIGHT AND INTELLECTUAL PROPERTY

10.1. Ownership: All content, designs, graphics, pictures, information, applications, software, music, sound and other files, and their selection and arrangement (the "Content"), are our proprietary property or the proprietary property of our licensors or users with all rights reserved.

10.2. Use: No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.

10.3. Infringement: If you believe that any material on the Platform infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent.

10.4. Rights: All rights, title, and interest in and to the Platform (excluding Content provided by users) are and will remain the exclusive property of FitWithPari and its licensors.

10.5. Feedback: Any feedback, comments, or suggestions you may provide regarding the Platform is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

11. GOVERNING LAW AND JURISDICTION

11.1. Law: These Terms shall be governed by the laws of the jurisdiction in which our company is located, without regard to its conflict of law provisions.

11.2. Jurisdiction: Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the jurisdiction of our company and the parties irrevocably consent to the personal jurisdiction and venue therein.

11.3. Disputes: You agree to resolve any disputes through binding arbitration in the jurisdiction of our company, unless otherwise specified in these Terms.

11.4. Class Action Waiver: You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity.

11.5. Injunctive Relief: Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.

12. TERMINATION

12.1. Termination by Us: We may terminate or suspend your access to and use of the Platform, at our sole discretion, at any time and without notice to you.

12.2. Termination by You: You may cancel your account at any time by contacting us through the Platform.

12.3. Effect of Termination: Upon termination of your access to or use of the Platform, your right to use or access the Platform and Content will immediately cease.

12.4. Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

12.5. No Liability: We are not liable for any costs, damages, or consequences as a result of termination.

13. PRIVACY

13.1. Privacy Policy: Our collection and use of personal information in connection with your use of the Platform is described in our Privacy Policy.

13.2. Consent: By using our Platform, you consent to the collection and use of your information as outlined in our Privacy Policy.

13.3. Changes: We may amend our Privacy Policy at any time, and your use of the Platform following any such modification constitutes your agreement to follow and be bound by the Privacy Policy as amended.

13.4. Security: We take reasonable measures to protect your personal information, but we cannot guarantee its absolute security.

13.5. Communications: By creating an account on our Platform, you agree to receive certain communications in connection with the Platform.

14. DISPUTE RESOLUTION

14.1. Contact: If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation before resorting to arbitration.

14.2. Mediation: The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration.

14.3. Arbitration: The arbitration shall be conducted in the same city as our principal business place, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

14.4. Governing Rules: The arbitration will be governed by the rules of a recognized arbitration body chosen at our discretion.

14.5. Costs: Unless otherwise determined by the arbitrator(s), each party will bear its own costs of arbitration.

15. ENTIRE AGREEMENT

15.1. Agreement: These Terms constitute the entire agreement between you and us regarding the use of the Platform, superseding any prior agreements between you and us relating to your use of the Platform.

15.2. Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect.

15.3. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15.5. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

16. LINKS TO OTHER SITES

16.1. Third-party Sites: Our Platform may contain links to third-party websites or services that are not owned or controlled by us.

16.2. Responsibility: We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

16.3. Endorsement: You acknowledge and agree that we are not responsible and do not endorse such external sites or resources.

16.4. Loss or Damage: We are not responsible for any loss or damage incurred as a result of the use of any third-party websites or services.

16.5. Terms and Privacy Policies: You should review the terms and conditions and privacy policies of any third-party websites or services that you visit.

17. INDEMNITY

17.1. Indemnification: You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Platform.

17.2. Cooperation: You agree to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

17.3. Settlement: You shall not in any event settle any matter without the written consent of the company.

17.4. Survival: This clause of indemnity shall survive the termination or expiration of these Terms.

17.5. Limitation of Liability: In no event will we, or our suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability, or other legal or equitable theory.

18. HEALTH DISCLAIMER

18.1.  Medical Disclaimer : We do not provide Medical Advice of any kind. The information included in this application are for informational purposes only. No information present in this application is intended to substitute for a substitute for advice from a healthcare professional. Always seek Doctor’s advice in addition to using this app and before making any medical decisions. 

18.2. Health Consultation: You should consult your physician or other healthcare professional before starting this or any other fitness program to determine if it is right for your needs.

18.3. No Assurance: We do not assure that the use of our Platform will generate any particular results or health benefits.

18.4. Errors: The Platform could include technical or other mistakes, inaccuracies, or typographical errors.

18.5. Changes: We may make changes to the Content and services at any time without notice.

18.6. Fitness Level: You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury.

19. CONTACT INFORMATION

19.1. Queries: If you have any questions about these Terms, please contact us.

19.2. Contact Method: Contact methods can be found in the 'Contact Us' section of our website.

19.3. Communication: Any communication relating to your use of the Platform should be in writing.

19.4. Notices: All notices given by you to us must be given in writing and sent to our contact address specified in the 'Contact Us' section of our website.

19.5. Acknowledgement: We may give notice to you at either the e-mail or postal address you provide to us when registering with us.

20. FORCE MAJEURE

20.1. Event: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

20.2. Continuance: Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues.

20.3. Effort: We will make every effort to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20.4. Termination: If the Force Majeure Event continues for more than 30 days, we may terminate this Agreement.

20.5. Notice: We will notify you if a Force Majeure Event occurs.

By using the Platform, you are agreeing to all the terms mentioned above. We recommend that you print a copy of these terms for your reference.

 

By using the Platform, you are agreeing to all the terms mentioned above. We recommend that you print a copy of these terms for your reference.