Terms of Use

Terms of Service

 

By using www.profitnessindia.com (hereinafter referred to as “Pro Fitness”) its products, software, services application or web sites and/or purchasing any products sold on Pro Fitness ("Services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms"). We may update the Terms in the future and you will be able to find the most current version of this agreement at www.profitnessindia.com/terms.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT.

 

1.      Use Of Services

Pro Fitness its subsidiaries and affiliated companies, offer Services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under any applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact and other information as part of the registration process and/or continued use of the Services. You are responsible for maintaining the confidentiality of your account password and are also responsible for all activities that occur under your account. You agree to immediately notify Pro Fitness of any unauthorised use of your password or account or any other breach of security. Pro Fitness cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

 

2.      Appropriate Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from whom such Content originated. Pro Fitness reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable and that you use Services at your own risk. For some services there are commercially available services and software to limit access to material that you may find objectionable.

 

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Pro Fitness services or servers or networks connected to the Services. To report any activity or Content that may violate the Terms, please contact info@profitnessindia.com.

 

3.      Privacy Policy

For information about our data protection practices, please see our Privacy Policy at www.profitnessindia.com/privacy. By using the Services, you acknowledge and agree that Pro Fitness may access, preserve and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Pro Fitness, its users or the public as required or permitted by law.

 

You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.

 

You also understand and agree that your service provider may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.

4.      Proprietary Rights

Pro Fitness's Rights

You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through the Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Pro Fitness or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, the Services  or Software, in whole or in part except as specifically authorised in a separate written agreement.


Except as expressly authorised by Pro Fitness, you agree not to use, copy, imitate or incorporate any trademark, service mark, trade dress, company name or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure or alter Pro Fitness's or any third party's copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services or Software.

Your Rights

Pro Fitness claims no ownership or control over any Content submitted, posted or displayed by you on or through the Services . You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Services and are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Services which are intended to be available to the members of the public, you grant Pro Fitness a worldwide, non-exclusive, royalty-free licence to reproduce, adapt, modify, publish and distribute such Content on the Services for the purpose of displaying, distributing and promoting the Services. Pro Fitness reserves the right to syndicate Content submitted, posted or displayed by you on or through the Services and use that Content in connection with any service offered by Pro Fitness. Furthermore Pro Fitness reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.


You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

 

5.      Software And Automatic Updates

Your use of any Software provided by Pro Fitness will be governed by the Terms and any additional terms and conditions of the end user licence agreement accompanying such Software. Pro Fitness Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop the Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

 

6.      Personal Non-Commercial Use

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services except as otherwise expressly provided in the Terms or as specifically authorised in a separate written agreement.

 

7.      Modifications To Service

Pro Fitness reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Pro Fitness will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

8.      Termination

You may discontinue your use of the Services at any time. You agree that Pro Fitness may at any time and for any reason, including a period of account inactivity, terminate your access to the Services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to the Services, your account or any files or other content contained in your account. Sections 8 (Termination), 11 (Indemnity), 12 (Disclaimer of Warranties), 13 (Limitations of Liability), 14 (Exclusions and Limitations) and 17 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.

 

9.      Advertisements

Some of the Services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Pro Fitness on its services are subject to change. As consideration for your use of the Services, you agree that Pro Fitness may place such advertising and that Pro Fitness shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on the Services or your subsequent dealings with advertisers.

 

10.   Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Pro Fitness may have no control over such sites and resources and you acknowledge and agree that Pro Fitness is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Pro Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

11.   Indemnity

 

You agree to hold harmless and indemnify Pro Fitness, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Pro Fitness and Partners") from and against any third party claim arising from or in any way related to your use of the Services, violation of the Terms or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers' fees, of every kind and nature. In such a case, Pro Fitness will provide you with written notice of such claim, suit or action.

 

12.   DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:


YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRO FITNESS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

PRO FITNESS AND PARTNERS DO NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRO FITNESS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

13.   LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRO FITNESS AND PARTNERS SHALL NOT BE LIABLE TO YOU 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 PRO FITNESS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

 

14.   EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

15.   No Third PArty Beneficiaries

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

 

16.   NOTICE

You agree that Pro Fitness may provide you with notices, including those regarding changes to the Terms, by email, regular mail or postings on the Services.

 

17.   GENERAL INFORMATION

17.1  Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Pro Fitness and govern your use of the Services, superseding any prior agreements between you and Pro Fitness for the use of the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content or third-party software.

 

17.2  Choice of Law and Forum. The Terms and the relationship between you and Pro Fitness will be governed by the laws of India, without regard to its conflict of law provisions. You and Pro Fitness agree to submit to the personal and exclusive jurisdiction of the courts located at Bangalore, Karnataka.

 

17.3  Waiver and Severability of Terms. The failure of Pro Fitness to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

17.4  Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.