Welcome to the FiTrees. By accessing and using our website and application, you agree to comply with and be bound by the following Terms of Service. If you do not agree to these terms, please refrain from using our website and our applications.

ACCEPTANCE OF TERMS:

CHANGES OF TERMS:

USE OF SERVICES

1. In order to use Services, a Person will require accessing the Website or application through internet in such form and manner as provided by FiTrees. FiTrees may update the Website and applications from time to time in order to ensure a better User experience and consequently may temporarily cut or restrict Users’ access to the Website, Applications or to the Services.
2. By using our services you agree with below terms as well:
   1. Eligibility: To use the services provided by FiTrees, you must be legally capable of entering into a binding contract. By using our services, you represent and warrant that you meet this eligibility requirement.
   2. Communication: By using our services, you consent to receive communications from FiTrees, including but not limited to newsletters, updates, and promotional materials. You may opt-out of receiving non-essential communications.
   3. Security: FiTrees employs reasonable security measures to protect your personal information. However, we cannot guarantee the security of your data, and you acknowledge and accept the risks involved in transmitting information over the internet.
   4. Changes to Services: FiTrees may modify or discontinue its services, or any part thereof, at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the services.
   5. Accountability for Donations: While FiTrees makes every effort to ensure the responsible use of donated funds, it cannot guarantee the specific allocation of donations. Donors acknowledge that funds may be pooled for general charitable purposes unless expressly designated otherwise.
   6. Volunteer Opportunities: FiTrees may offer volunteer opportunities through its website and applications. By participating, you agree to comply with any additional terms and guidelines provided by FiTrees for volunteer activities.
   7. Third-Party Service Providers: FiTrees may use third-party service providers for certain functions, such as payment processing. By using our services, you agree to be bound by the terms and conditions of these third-party providers.
   8. Notification of Changes: FiTrees will make reasonable efforts to notify users of significant changes to these Terms of Service. However, it is your responsibility to review the terms regularly for updates.
   9. Accessibility: FiTrees is committed to providing accessible services. If you encounter any accessibility issues or have specific accessibility requirements, please contact us, and we will make reasonable efforts to address your needs.
   10. Governing Language: In the event of any discrepancy between translated versions of these Terms of Service and the English version, the English version shall prevail.
   11. Use of Website & Applications: You agree to use the FiTrees website and applications only for lawful purposes and in a way that does not infringe on the rights of, restrict, or inhibit the use and enjoyment of this site by any third party.
   12. Privacy Policy: By using the FiTrees website & application, you agree to the terms of our Privacy Policy . Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
   13. Disclaimer: The content on the FiTrees website is provided "as is" without warranties of any kind. FiTrees makes no representations or warranties about the accuracy, completeness, or suitability of the content for any purpose.
   14. External Links: This website may contain links to external websites that are not operated by FiTrees. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites.
3. Users shall use the Services only for such purposes as is permitted:
   1. by this Agreement;
   2. if User is a natural person, by any law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is a resident or from where User accesses the Services;
   3. if User is a Person other than a natural person, by any law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principle office or from where User accesses the Services.
4. While most parts of the Services are available to Users free of cost, certain parts of Services may be provided to the Users at a cost. FiTrees reserves that right to amend these Terms and impose a cost on free parts of Services in future. FiTrees will use its reasonable efforts to give Users a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, any User access paid parts of Services, cost for such paid Services shall become due and payable by such User to FiTrees and FiTrees shall have the right to recover the cost of provision of such paid Service to the User, from the User.
5. Users agree and acknowledge that with respect to any content that may be created, accessed or uploaded by another User or Seller on the Website and/or through the Services, including any comments and feedbacks on the fitness product and services by the Users and/or fitness blogs posted by the Users (“Content”), Users shall be bound by specific roles and obligations detailed in these Terms, in addition to other obligations contained elsewhere in the Agreement.
6. Users who or which have registered for accessing Registrable Services shall be provided access to an online account on the Website through which such Users may access the Registrable Services. It shall be the sole responsibility of the Users to maintain the privacy and confidentiality their access details (user id, password etc.) with respect to Registrable Services. Any access to or use of Registrable Services from the registered account of a User shall be construed as access to or use of such Registrable Services by such registered User.
7. FiTrees guarantees the lowest/best price for booking of any services of our partner gyms/studios on FiTrees . Should you find a lower price for the same service on any other platform online/offline , FiTrees will match it and give 2X the difference up to INR 1000.

RESTRICTION ON USE OF SERVICES

1. Users will not use the Services or any Content for any purpose that is illegal, unlawful or prohibited by this Agreement.
2. Users will not access (or attempt to access) the Services or Content provided through the Services by any means other than in the form and manner provided by FiTrees, unless such User has been specifically allowed to do so in a separate written agreement with FiTrees.
3. Users will not avoid or disable any digital rights management, usage rules, or other security features of the Website and applications; remove, alter, or obscure any proprietary notices on any portion of the Website & applications; and not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of Services.
4. Users will not attempt to or engage in any activity that may:
   1. reverse engineer, decompile or otherwise extract the source code(s) related to the Services or any part thereof, unless it is expressly permitted by FiTrees  in writing or is required by applicable law;
   2. use any robot, spider, retrieval application, or other device to retrieve or index any portion of Services or Content;
   3. collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purpose;
   4. register on the Website & applications to access Registrable Services or create any online accounts by automated means or under false or fraudulent pretences for using the Services;
   5. transmit any viruses, worms, defects, trojan, or any items of a destructive nature through Services;
   6. use Services in any manner that can or could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services, or interfere with any other third party's access to and enjoyment of Services;
   7. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Website and applications or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to Services or any part of Services or any User;
   8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website & Applications;
   9. obtain any materials or information through any means not intentionally made available, in the opinion of FiTrees , through Services.
5. Users agree and undertake not to impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent its own affiliation with any Person, including, but not limited to FiTrees, FiTrees ’s officials, employees, agents, partners, affiliates, dealers and/or franchisees.

TERMINATION

1. Each User is bound by the Agreement from the time such User commences using the Services till the time such User ceases to use Services. Notwithstanding anything else contained herein, all the rights and obligations asurvive the termination of this Agreement, will not be extinguished by termination of this Agreement.
2. User may terminate this Agreement by ceasing access to Services in any manner, including disabling access to Registered Services. FiTrees  may terminate this Agreement with respect to any User by suspending or permanently barring access to Services.
3. FiTrees reserves the right to terminate Users’ access to Services or any part of Services, at any time if:
   1. such User, knowingly or unknowingly, causes direct or indirect breach, as ascertained by FiTrees , of these Terms or Privacy Policy or any part of the Agreement;
   2. such User does not pay the requisite cost of using such part of Services which is not provided by FiTrees  free of cost and is paid in nature;
   3. a third party (if any) with whom FiTrees  offers Services has terminated its relationship with FiTrees  or ceased to offer the related services to FiTrees  or to such User;
   4. provision of Services or any part of Services is no longer commercially viable or feasible for FiTrees;
   5. FiTrees  believes that such User is a repeat infringer of the terms of this Agreement;
   6. FiTrees  is required to terminate this Agreement by applicable law, government order or order of a court with requisite jurisdiction.
4. Upon termination of this Agreement with respect to a User, all the legal rights, obligations and liabilities that such User and FiTrees  have benefited from, been subject to (or which have arised over period of time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to all of  such rights, obligations and liabilities indefinitely theron.

INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP

All content, trademarks, logos, and intellectual property on this website and our application are the property of FiTrees or its content suppliers. You may not use, reproduce, modify, distribute, or display any of the content without the prior written consent of FiTrees.

Use of Services shall, at all times, be governed by and subject to the applicable laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and Users agree to abide by such laws. A User shall solely be responsible for any violation of any law or for any infringement of any intellectual property rights caused by such User’s use of Services.

When a User uploads, submits, stores or sends any Content to or through the Services, such User grants the Content License to FiTrees  including, FiTrees ’s employees, agents, consultants (as the case may be) to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat and distribute such Content. The rights Users grant in this license are for the limited purpose of operating, promoting, and improving Services, and to develop new services. This license shall continue to operate even if a User stops using Services or terminates this Agreement.

Unless specified to the contrary and subject to applicable law, ownership of all intangible and/or intellectual property developed or existing (including any data generated as a result of Services) shall ab initio rest with FiTrees . Nothing in these Terms shall be construed as granting of any implied licenses by FiTrees  and all rights not expressly granted to a User are reserved solely by FiTrees  unless specified otherwise.

Notwithstanding anything else contained herein and subject to applicable law, ownership of any data generated pursuant to FiTrees ’s engagement with Users and/or provision of Services shall rest solely with FiTrees  and FiTrees  may use such data for any purpose in accordance with its Privacy Policy.

FiTrees respects the intellectual property rights of Persons and does not hold any responsibility for any violations of any intellectual property rights by Users.

PROVISION OF THE SERVICES

1. Services provided to Users by FiTrees are subject to Users’ acceptance and approval of this Agreement. FiTrees reserves the right to modify, at any time, the nature of Services or any part of Services and the terms of this Agreement. Users are requested to regularly visit and review these Terms and Privacy Policy, as may be updated from time to time.
2. The purpose of provision of Services is to facilitate an online market place for the Buyers and Sellers for display, marketing and/or sale of fitness related services and products. The Website and applications are also engaged in various activities for promoting a healthy lifestyle, including providing fitness and lifestyle related blogs, expert approvals of fitness blogs, listing of nearest fitness centres etc.
3. The Services may be availed by the Users by:
   1. booking trials and appointments through the Website and applications for fitness related services;
   2. purchasing a memberhsip offered by Sellers on the platform
   3. placing an order through the Website and applications for delivery of a fitness related product;
   4. accessing (either though itself or through another Person) the Website or applications or any Content thereof;
   5. simply surfing and/or browsing the Website and applications
4. In order to provide certain parts of Services to the Users FiTrees may require the Users to register on the Website and applications by providing certain information (“Registrable Services”). Users agree and understand that Registrable Services shall not be provided by FiTrees to a User unless such User registers on the website & applications in the form and manner required by FiTrees .
5. Users agree and acknowledge that provision of Registrable Services is depended on the information provided by a User to access such Registrable Services and ensure that all such information provided by the User to FiTrees in order to access the Registrable Services shall always be true, accurate, complete and updated.
6. The Website and applications may include links to other online platforms which may contain materials that are objectionable, unlawful, or inaccurate. FiTrees does not endorse or support these links or the products and services they provide; these links are provided for Users’ convenience only. FiTrees is not responsible or liable for the content or accuracy of such links.
7. Subject to applicable law, FiTrees may stop provision of Services (or any part of Services), permanently or temporarily, to a User or to Users generally or may modify or change the nature of Services and/or these Terms at its sole discretion, without any prior notice to the Users. Use of Services by a Person following any such modification constitutes such Person’s deemed acceptance to be bound by this Agreement (or as it may be modified).

ROLES AND OBLIGATIONS OF FITREES AND USERS

1. Marketplace of fitness product and services: Subject to other provisions of this Agreement, Buyers may purchase and Sellers may sell any fitness products and services through the Website or applications. For such purchase of any products and services, in addition to other applicable terms of the Agreement by the website and applications , Users specifically agrees to the roles, duties and obligations of the Buyers set out in these Terms. For marketing, sale and/or promotion of fitness products and services through the website and applications, in addition to other applicable terms of the Agreement, Sellers will be required to enter into a separate written agreement with FiTrees . Any sale of fitness products and services through the website and applications will constitute a contract of sale between the Buyer of such fitness products and services and the Seller of such fitness products and services and all products and services shall be delivered by such Seller to such Buyer directly. FiTrees  shall not be responsible for delivery, merchantability, quality, suitability and aptness of any product or service sold or delivered or accessed using the website & applications.
2. Content in relation to Services: Users may create and/or display Content (including information regarding the offerings of Sellers, pictures, comments, ratings and feedbacks) on the website & applications. By displaying any Content on the Website and applications, unless agreed to and provided for to the contrary, Users grants FiTrees  a right to use such content in any manner.
3. Content Responsibility: Users acknowledge and understand that FiTrees  shall not review, and cannot review, all of the Content displayed on the Website & applications, and cannot therefore be responsible for such Content (unless such Content has been created by FiTrees  itself). Each User is entirely responsible for any Content displayed or accessed by such User through the Website & applications, and any harm resulting from display or use of such Content.
4. Removal of Content: Users understand and acknowledge that if a User deletes or removes any Content from display, FiTrees will use reasonable efforts to facilitate removal of such Content from the Website & applications, but cache, cookies, back up files or references to such deleted Content may not be immediately removed and/or disposed off.
5. Commercial Use: Unless agreed to the contrary in writing, Services provided by FiTrees  are for non-commercial and personal use of the Users only. Users are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any Services or any part thereof without a prior written consent of FiTrees.

1. Purchase of fitness products and services: Buyers may purchase fitness products and services from Sellers through the Website & applications at the price provided therein. Buyers acknowledge that such purchase of fitness products and services is being made directly from the Seller through the Website & applications and FiTrees  is only providing a platform for the Buyers and Sellers to interact online with respect to such sale and transactions taking place through the Website & applications.
2. Registration: Buyers will need to register with FiTrees  through the Website & Applications by providing such information as may be requested by FiTrees  from the Buyer. The information provided by the Buyer while registering or at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the fitness product and/or service.
3. Adequacy of Information: The Buyer represents and warrants that all the information furnished by such Buyer at the time of registration will be true, complete, correct and updated and any change in such information will be updated by the Buyer and intimated to FiTrees  immediately. FiTrees  is entitled to act on the basis of the information provided by the Buyer and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled if FiTrees  is of the view that any of such information may be fake, incomplete, false, redundant or inaccurate.
4. Confirmations and Invoicing: All order confirmations and invoices will be raised by FiTrees  based on the registration information provided by the Buyer and available with FiTrees  at the time of making a purchase and accordingly payments will be accepted by FiTrees only from the Buyer so registered.
5. Payments: Once Buyer has placed an order on the Website & Applications for purchasing any fitness product or service; Buyer is required to make advance payment of the price of the fitness product or services in such form and manner as permissible by the Website & Applications. FiTrees  may use third party platforms in order to facilitate such payment by the Buyers and will not be responsible for any loss or damage caused to the Buyer by any such third parties.
6. Acceptance of Delivery: Buyers acknowledges that placing an order for purchase through FiTrees  constitutes an irrevocable acceptance of the purchase and accept delivery/use of such fitness product and/or services once such order has been delivered/used, unless rescinded/cancelled by FiTrees  within a reasonable time on account of a default by the Seller or any prior or continuing breach by the Buyer.
7. Limitation of Liability: Buyer acknowledges that Seller (and not FiTrees ) will be responsible for adequacy and accuracy of information displayed with respect to fitness products and services, the entire process of sale of fitness related products and services including pricing of products and services, delivery/use, return, packaging and authenticity of the fitness products and services. FiTrees ’s limited responsibility in terms of provision of Services is dependent on the information provided by the Buyer. In case of any inaccuracies in any information provided by a Buyer, FiTrees  shall not be responsible for any consequences thereof.

1. Use of Services and/or Content is entirely at User’s own risk and FiTrees  shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to a User’s use of Services or Content.
2. FiTrees shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the website & applications or its content.
3. FiTrees shall make reasonable efforts to make the Services available to Users in the best possible manner. However, a User may cease from accessing the Services if such User is not satisfied with Services.
4. Users acknowledge that Services only include providing an online platform for displaying, marketing, buying, selling and promoting fitness related product and services. Any sale transaction made between a Buyer and a Seller shall constitute an agreement of sale between such Buyer and Seller and FiTrees  shall have no liability with respect to quality, appropriateness, merchantability, authenticity and accuracy of the goods or services sold or provided, the delivery, delivery condition, packaging and insurance costs associated with the goods or services sold through the Website and applications. FiTrees , by providing the Website and applications, does not constitute an institution of agency with any of its Users and FiTrees ’s relationship with each and every individual User shall be on a principal to principal basis. Please refer above to access and understand the roles and obligations of Users and FiTrees  in relation to provision of Services by FiTrees.
5. Users shall defend, indemnify and hold FiTrees, and FiTrees ’s officers, directors, employees, representatives, consultants and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from:
   1. such User’s access to or use of the Services;
   2. such User’s breach of any rules, regulations and/or orders under any applicable law;
   3. such User’s breach of any obligation under this Agreement.
6. Each User is responsible for any breach of its obligations under the Agreement and/or for the consequences of any such breach.

LIMITATION OF LIABILITY AND INDEMNIFICATION

1. FiTrees shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the website or its content.
2. Buyer acknowledges that Seller (and not FiTrees ) will be responsible for adequacy and accuracy of information displayed with respect to fitness products and services, the entire process of sale of fitness related products and services including pricing of products and services, delivery/use, return, packaging and authenticity of the fitness products and services. FiTrees ’s limited responsibility in terms of provision of Services is dependent on the information provided by the Buyer. In case of any inaccuracies in any information provided by a Buyer, FiTrees  shall not be responsible for any consequences thereof.
3. FiTrees shall play the following role and have the following rights with respect to provision of Services:
   1. Content License: Users hereby grant to FiTrees  and FiTrees  hereby accepts a worldwide, non-exclusive, sub licensable, limited license to use any Content uploaded by the User on Website for using the Services or otherwise. For avoidance of any doubt, ownership of all Content uploaded by the User on the Website shall rest with such User and FiTrees shall use such Content only for limited purposes as agreed herein (“Content License”).
   2. Promotion of Content: FiTrees may feature any Users or any Content in any curation, assortment, marketing story or other social media content on the Website by giving due credit to the Users.
   3. Non-Exclusivity: FiTrees  has a right to engage with multiple Users at the same time for provision of Services or same part of Services or for engagement in same or similar activity.
   4. Prohibit Access: FiTrees  reserves the right to, at its sole and absolute discretion, deactivate any User’s account on the Website & applications and block any User’s access to Website and applications upon a material violation of this Agreement by such User. FiTrees  also reserves the right to block or suspend the use of Website and applications, Content, or Services at any time for any reason. FiTrees  shall use best efforts to give a reasonable notice of such prohibition to the concerned User.

GOVERNING LAW AND DISPUTE RESOLUTION

The Services may be provided from the Website & Applications may be controlled and operated from and through any country and may be subject to the laws of that country. When a User accesses the Services from any location, then, the User is responsible for compliance with the local laws applicable to such User.

This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Mumbai, India.

Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after (a) when such cause of action accrues; or (b) such User becomes aware or when it comes to its notice, of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.

CONTACT INFORMATION