Introduction 

This website https://www.mitensaysfitness.com/ along with its pages, features and content (“Website”) and the mobile application named MitenSaysFitness along with any pages or tabs therein (“Application”) are owned and operated by Miten Says Fitness LLP (the “Firm/we/us/our”). The Firm respects your privacy and values the trust you place in us by providing personal information as required, and this Privacy Policy sets out the policies and practices in relation to the collection, use, disclosure and protection of the personal information of the Users of the Website/Application. 

All capitalized terms and terms used in the Terms of Use which are also used herein below shall be ascribed the same meaning as set out in the Terms of Use, unless repugnant to the context herein or otherwise have been specifically defined herein.

Applicability of Privacy Policy

This Privacy Policy shall be applicable only to the use and disclosure of information on the Website and/or the Application or via email for use of Services (as defined in the Terms of Use). This Privacy Policy does not apply to information collected by or through any other medium, collected offline or by any other person and/or entity other than the Website/Application/email or any other website whose link might be present on the Website/Application for example, if you click on a link of another website displayed on the Website/Application/email, it may direct you to the other website in which case this Privacy Policy shall not be applicable. We also collect information through whatsapp messages, Instagram messages and Facebook posts and messages. This Privacy Policy shall be applicable to all such information collected and processed by us. 

Meaning of Personal Information and Sensitive Personal Information

Personal information shall mean any information that relates to a natural person, which either directly or indirectly, in combination with other information available or likely to be available with us through the Website/Application or provided by you on email, is capable of identifying such person or when combined with other information can be used to identify such person. This includes your name, address, mobile or contact numbers, date of birth, gender, email address, location (by geo tracking devices), as well as the username and password created by you for use of the Website/Application. 

“Sensitive personal information” is defined to mean such personal information which consists of information relating to passwords, financial information such as bank account or credit card or debit card or other payment instrument details, physical, physiological and mental health conditions, sexual orientation, medical records and history, biometric information, any detail relating to the above as provided to a body corporate for providing service; and any information received which falls under the abovementioned categories by a body corporate for processing, stored or processed under lawful contract or otherwise. Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force is not regarded as sensitive personal information

User Information 

The Firm may collect several types of information about its Users. Some of this information may be given voluntarily by the User while availing certain Services (as defined in the Terms of Use); while some information may be collected automatically when the User is surfing the Website/Application. 

Information you may provide voluntarily

It may be noted that the Firm may require you to voluntarily provide information about yourself in the following events:  

(a) when you register and subscribe yourself with the Website/Application;

(b) when you fill out a form/ application to avail any of the Services (as defined in the Terms of Use) provided by the Firm;

(c) when you communicate with the Firm or make a request on the Website/Application; via e-mail, phone or SMS;

(d) when you make a request or communicate with us via social media channels including Facebook and Instagram; 

(e) when you subscribe to the newsletter and to receive other offers, promotions and details from the Firm;

(f) when you participate in blogs, chats, forums or write testimonials on the Website/Application or via email; and

(g) when you respond to comments or write any information or post on any of the Platforms. 

In any of the aforesaid events, you may be required to provide the following information:  

(a) your name;

(b) contact details including postal address, pin code, country, email address, phone number, residency status;

(c) identity proofs (e.g. driving license, passport, PAN card, birth certificate, etc.);

(d) personal details such as age, gender, date of birth, lifestyle habits, occupation, interests and hobbies, timezone, etc.; 

(e) financial details for payment such as credit card details, debit card details, bank account details, UPI address, net-banking details;

(f) Weight;

(g) Height;

(h) Body fat (percentage); 

(i) Sleep habits;

(j) Activity level;

(k) Chest, shoulders, arms, hips, legs calves;

(l) Waist;

(m) Dietary preferences;

(n) Goals for body;

(o) Meal preferences (such as allergies, choices, likes and dislikes);

(p) Workout experiences;

(q) Selection of location for exercise; 

(r) availability of any workout equipment 

(s) Injuries;

(t) Medical conditions (if any); and

(u) Workout preferences.

You may note that it is possible that we may collect personal information about you from sources other than yourself, such as from forums, blogs, instant messaging, comments and posts on social media accounts; referral program, other Users of our services and our business partners. However, any such information shall not be considered to be sensitive, if it is freely available in the public domain, or under (Indian) Right to Information Act, 2005 or under any other applicable law for the time being in force. 

(the information collected from you and about you shall hereafter collectively be referred to as “User Personal Data”)

Information retrieved/collected automatically

The Firm may collect a variety of technical, navigational and other non-personal information about you such as your IP address, operating systems and software, types of devices used, types of browsers, usage patterns, geo-location of a browser, address of your server from where the Website/Application is being accessed, URLs visited prior to the use of the Website/Application or URLs visited after use or access to the Website/Application etc. when you visit the Website/Application, through the following:

(a) Cookies: The Website/Application may assign a ‘cookie’ to you, encrypting your information, which may be saved on your computer’s hard drive while you visit the Website/Application. This will help adjust and track your preferential information every time you visit the Website/Application thereafter. You may note that this Privacy Policy includes ‘cookies’ that are placed by the Website/Application and does not cover any ‘cookie’ that may be placed by any third party website. Your internet browser may allow you to not store any cookies on your computer or alternatively you may choose to delete the stored cookies from your computer; however you may note that, in such an event your navigation through the Website/Application or access to certain features/ services of the Website/Application may be restricted.  

(b) Beacons/Bugs: A beacon is a picture file used to keep track of your navigation through a single website or a series of websites. The Firm may use such web beacons to study and analyze the usage of the Website/Application.

(c) Usage Details: The Website/Application may also collect details regarding your visits to and navigation through the Website/Application such as your location data, IP address, operating system, browser type, geo-locations other resources that you access etc. 

Eligibility for providing User Personal Data

You are eligible to register or subscribe and avail the Services (as defined in the Terms of Use) provided on the Website/Application only if you are an Eligible Person (as defined in the Terms of Use). 

In case the Services offered by the Firm on the Website/Application are for and on behalf of a minor or a child or any person who is not an Eligible Person, the Website and/or the Application must be accessed by only the parents/ legal guardians who have to be competent to contract and act on behalf of such minor or child or person who is not an Eligible Person. Such parents/ legal guardians will be responsible adhering to the Terms of Use and this Privacy Policy and for the actions of the minor, child or a person not being an Eligible Person, on whose behalf he/she accesses the Website/Application without any liability whatsoever on the Firm.

Consent given by User and Option to withdraw Consent

You hereby expressly grant your consent to the Firm through the Website/App to collect, possess, receive, upload, store, deal with, handle and/or use, share, disclose and transfer the User Personal Data in relation to you and such lawful purposes as contained in this Privacy Policy. Further, you also hereby grant your consent to enable the Website/Application and/or its independent service providers to collect non-personal data by placing cookies, etc. Once the User Personal Data is collected, the Firm shall have the right to use the same for the purposes for which the same were collected. 

Prior to collection of the User Personal Data, the Website/Application we may give you an option to withhold the data/ information sought. However, by providing your information and selecting on the fact that you “agree” with the terms and conditions and the privacy policy, you hereby provide your explicit consent to providing the User Personal Data. Further, you may withdraw the consent given to the Firm on the Website/Application, by communicating to the Firm in writing at the email id: [email protected]. However, such withholding of information or withdrawal of consent may result in the Firm being unable to provide Services and facilities and the Firm reserves its right to take appropriate action with respect to any obligations or in relation to any contract under which such personal information (including sensitive information was sought. It being clarified that such withdrawal of consent shall not affect the permission granted prior to such withdrawal and hence the Firm shall not be liable for sharing User Personal Data (as stated herein) in any manner whatsoever.  

Purposes for collection and usage of User Personal Data

User Personal Data and non-personal information collected by us, will be used by the Firm in handling general enquiries concerning its Services, in providing better User interface, making your visit to the Website/Application more user-friendly and without limiting the foregoing, for the following purposes: 

(a) Registering of your account with the Website/Application;

(b) enabling the access of the Website/Application and use of the Services available to Users;

(c) addressing questions, doubts, queries raised, clarifications and information sought and for addressing technical issues which arise on the Website/ Application;

(d) designing or identifying services, data, information or related products for Users;

(e) marketing (including direct marketing) of Services, send information, materials and offers from the Firm;

(f) meeting the requirements to make disclosure under any law binding on the Website/Application, the Firm, its partners, associates or employees, under and for the purposes of complying with any directions or guidelines issued by regulatory or other authorities with which the Website/Application or the Firm or any associated entity is expected to comply;

(g) in connection with any exchange of information and verification and authentication of the information that may be provided by the User, to evaluate the eligibility of the User or minor (as the case may be) for certain types of offers, products and services that may be of interest to you and analyse advertising effectiveness. 

(h) in connection with any system or facility for payment by electronic means or via other communication media in which the Website/Application participates; 

(i) to send you alerts, notices, letters, newsletters, offers, response to request and other customer support queries and/or any other communication which may be relevant and vital to the usage of the Website/Application by you including through text messages, social media posts and messages, phone calls or whatsapp messages/broadcasts; 

(j) to enable the Firm as well as third parties to provide itself or procure from third parties customised information, services, offers and advertisements etc;

(k) to third party contractors that provide services to the Firm or the Website/Application;

(l) to internally analyse the performance of the Website/ Application, Firm’s internal technical systems and data;

(m) to gather demographic data to research, analyse and understand trends and behavioural patterns, to measure and understand the effectiveness of any of the aspects of the services of the Website/Application, to trouble any problems, track your movement, gather broad demographic information for aggregate use and to comply with the applicable law;  

(n) to track your fitness routine, nutritional intake, weight, progress and other update in terms of the Services availed by you;

(o) to alert you about potential software compatibility issues and/or for improvement of the Website/Application;

(p) to post testimonials, videos, photographs and other content provided by you which shall be User Provided Content (as defined in the Terms of Use);

(q) to monitor and administer daily operations and functions of the Website/Application; 

(r) to enforce the “Terms of Use” of this Website/Application; 

(s) for all other purposes as may be disclosed when you provide personally identifiable information/sensitive personal data or the User Personal Data; and 

(t) all other incidental and associated purposes relating to the above and any other purpose which a User may from time to time agree.

Disclosure of User Personal Data

The Firm may disclose/ transfer (whether within or outside India) and/or exchange your User Personal Data and/or your non-personal data collected to and/ or with all such persons and/or entities, as may be required for the aforesaid lawful purposes, including but not limited to: 

(a) any of its partners, associates or employees, or any of its affiliates;

(b) any agent, contractor or third-party service provider who provides administrative, advertising and marketing agencies, telecommunications, computer, financial intermediary, payment or securities clearing or other services to the Firm in connection with the Website/Application/emails or the operation of the Firm’s business and services through the Website/Applications;

(c) Any third party service provider for offers, promotions, merchandise, discounts or for marketing of such third party products on the Website or the Application;

(d) any other person under a duty of confidentiality, including any member which has undertaken to keep such information confidential;

(e) to other Users when you share personal information (for example, by posting comments, contributions or other content to the Services) or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity. If you interact with other users of the Website/Mobile Application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, posting comments, posting reviews;

(f) When you post comments, contributions or other content to the Website/Mobile Application, your posts may be viewed by all Users and may be publicly distributed outside the Website/Mobile Application in perpetuity. The User Personal Data when posted by way of testimonials and other content on Platforms shall be viewed by all other users and shall also be accordingly disclosed to the Platforms; 

(g) any other Users or viewers of the Platform as a part of discussions and forums for support groups on such Platforms; 

(h) any actual or proposed assignee of the Firm or participant or sub-participant or transferee of the Firm’s rights in respect of the User Personal Data;

(i) to any third-party when you choose to avail certain services/ facilities offered on the Website/Application. In such an event, the Firm does not take any responsibility for any misuse or unwarranted disclosure of such information that may be made to such third-party;

(j) any person to whom the Firm is under an obligation to make disclosure under and for the purposes of any guidelines issued by regulatory or other authorities;

(k) as may be required by law or court order or administrative/ government agency or in a situation of national emergency or when the Firm believes that an information disclosure is required to protect the Firm’s rights or those of the Firm’s/ Website’s/Application’s Users or any other aspect of the Website/Application and to comply with the legal process without any restrictions;

(l) in any event where the Firm has reason to believe that you are in violation of any applicable law, rule or regulation, or interfering with the rights of any other person;   

(m) to any potential investor or purchaser of any interest in the Firm or Website/Application or any associated entity or in its business in connection with any potential re-organisation, merger or disposal; and

(n) any lawyer or other professionals for the preparation of any document or professional advice regarding the above.

The Firm will endeavour to ensure that the third party receiving any User Personal Data does not disclose it further and shall observe the same level of data protection as is ensured by the Firm in respect of the Website/Application and in consonance with this Privacy Policy. 

Notwithstanding anything contained elsewhere, any User Personal Data may be disclosed by the Firm to any third party by an order/ direction under the law for the time being in force, without any consent or other obligation. For instance, User Personal Data may be released to an officer making the request if he provides a warrant or a court order requiring such disclosure. Where a government agency makes a request to obtain information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences, the Firm may share the User Personal Data without obtaining any prior consent of the User. You are informed that the Firm’s third party service providers may utilise information relating to your usage of the Website/ Application in order to provide customised services, offers and advertisements to you.

Retention of Information

We will retain the User Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. In addition, we will retain and use the User Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain certain data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.  

Accuracy of and Access to Personal Information

The Firm will not be responsible for the accuracy or authenticity of User Personal Data that is provided by you. It is the responsibility of the User to notify the Firm through the Website/Application of any changes to their User Personal Data. To attain this end, the User may request the Website/Application for reasonable access to, and correction of, their User Personal Data collected by the Website/Application by emailing their request/clarification at [email protected]. The Firm makes good efforts to provide its Users with reasonable access to their respective User Personal Data and shall ensure that any User Personal Data found to be inaccurate and brought to the notice of the Firm by the User is rectified or amended as feasible. The Firm may however before processing such requests, ask the User to identify themselves and the information /data requested to be modified by them in order to avoid repetitive and/or illegitimate requests. The Firm shall not be responsible for any delay in updating such information. 

The User may also request the Firm by writing to us on our email above to delete all User Personal Data and delete the account. It is clarified that, after the deletion of the User Personal Data/User account, the Firm shall maintain records of the same for a period 90 (ninety) days thereafter in a separate restricted and confidential back up after which the same shall be deleted therefrom. It is clarified that even though the Firm may maintain records of deleted data for 90 (ninety) days, once the User Personal Data/ User account of a particular User has been deleted upon his/her request, the same shall not be retrievable by the User in any manner whatsoever and at any time thereafter 

The Firm may, however, withhold or may not be able to provide information to you for valid reasons including if it: 

(a) contains references to another User(s); 

(b) is subject to legal/ contractual privilege or cannot be disclosed for other legal reasons; 

(c) contains confidential commercial/ business information of the Firm; 

(d) was created in the course of a dispute resolution/litigation process; 

(e) could threaten the life or security of another individual/ entity; 

(f) was disclosed under a court order or was disclosed to a government institution as part of an investigation. 

Links to Third Party websites

The Website/Application may display or contain links of third party and applications of interest, including advertisements and external services, that are not affiliated with us. You may note that such links to third party websites are not an endorsement of such third parties, their websites and/or their products/services by us. Once you have used these links to leave the Website/Mobile Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. We do not take any responsibility for their privacy policy, terms of use, content, services and products. They may place independent cookies on your computer or independently contact you, for which the Firm or Website/Application shall not be held responsible or liable in any manner whatsoever. We encourage you to read individual terms of use and privacy policy or such similar terms, as the case maybe, of each of these websites before using them and/or disclosing your personal information.  

Publication

The uploading, dealing, handling and/ or using of any personal information for any lawful purpose by the Website/Application, including for the purposes and in the manner outlined above shall not constitute ‘publication’ in any manner.

Reasonable Security Practices & Procedures

The Firm takes appropriate security measures to protect against unauthorized use, access, alteration and destruction of data; however we do not guarantee that the information provided by you to the Website/Application shall not be intercepted while being transferred over the internet.. The Website/Application is also in compliance with security measures required and follows the best industry practices. 

You are responsible for maintaining the confidentiality of your login ID and password and shall not reveal the same to any third party. In the event you believe that your User information has been stolen or compromised, you must contact us immediately at [email protected]. We shall endeavour to block your account or provide restricted access upon being informed of such an event in order to protect your identity and information. However, we shall not be responsible for any unauthorized use/access to your account or disclosure of any User Personal Data by virtue of such an event. 

Operation of this Website/Application and Servers for storage

This Website/Application may be operated from India as well as outside India. In the event you are located in any place other than in India, you shall ensure that you comply with the applicable laws in India as well as the local laws or regulations of the territory from which you access the Website/Application or the facilities and services provided by the Website/Application. The servers of the Website for storage of data are located in WS (Amazon) and replicated across Australia and Oregon (USA).

Amendments/Changes to Privacy Policy

This Privacy Policy may be revised from time to time at the sole discretion of the Firm without any advance intimation to you. The Firm shall send you and email or a Website on in Application notification, intimating you of the change in the Privacy Policy. Your continued use of the Website/Application following such revision or modification shall constitute your acceptance of the revised Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices and keep yourself informed about the updated Privacy Policies.

Complaints

In the event the you have any grievance with respect to (i) any Service or facility that is provided on the Website/Application; and (ii) any other activity that may take place on the Website/Application or via e-mail, or if you have any questions, comments, concerns or feedback regarding this Privacy Policy and/or this Website/Application, you may bring the same to the notice of our Grievance Officer, whose details are given below and/or lodge a complaint with us. We shall ensure that we take all the necessary steps to address your questions, comments, concerns to the best of our abilities.  

Name: Kalpana Kakaiya

Address: B-603, 6th Floor, Venus Tower, Azad Nagar, Veera Desai Road, Andheri West, Mumbai 400053

Email address: [email protected]

Terms of Use

This website https://www.mitensaysfitness.com/ along with its pages, features and content (“Website”) and the mobile application named MitenSaysFitness <members.mitensayfitness.com> along with any pages or tabs therein (“Application”) are owned and operated by Miten Says Fitness LLP (the “Firm/we/us/our”).

1 User Agreement

1.1 Any person using this Website or the Application being an Eligible Person (as defined below) (the “User”) shall be bound by the terms and conditions herein (“Terms of Use”). By visiting the Website or the Application a User agrees to be bound by the Terms of Use as well as the privacy policy available on the Website https://www.mitensaysfitness.com/pages/privacy-policy (“Privacy Policy”). The Privacy Policy is deemed to be a part of the Terms of Use by reference thereto. These Terms of Use together with the Privacy Policy on the Website and/or the Application, will constitute a binding contract between the Firm and the User or any other person as specified above accessing the Website, the Application, LinkedIn, Facebook page, Instagram, Twitter, Youtube or any other social media account of the Firm or in relation to the Firm (“Platform”); and are applicable to the content and Services offered through the Website and the Application. By using the Website and/or the Application from any electronic device, you agree to abide by these Terms of Use and the Privacy Policy as amended from time to time. Please read these Terms of Use and the Privacy Policy carefully before using or availing the services offered through the Website and/or the Application. If you do not agree to abide by be bound by these Terms of Use and the Privacy Policy, then in that event you should not use the Website/Application.

1.2 All information provided on the Website is subject to the Terms of Use, the Privacy Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the Website.

1.3 The words "we", "us", "our" including all their grammatical connotations as used herein shall unless repugnant to the context or meaning thereof, be and refer to the Firm, partners of the Firm, the employees, affiliates, representative, sub-contractors, agents and associates of the Firm and shall be deemed to mean and include the Firm’s successors and assigns. Any references to the words "you" or "your" (as the case may be) shall mean and include the User.

1.4 You acknowledge and agree that you at your own free will agree to be bound by this User Agreement and the Privacy Policy posted on the Website/Application by virtue of registering yourself on the Website/App and by ticking on the box next to the statement stating that you have read and understood the Terms of Use, Privacy Policy and the Legal Disclaimer. 

1.5 It is clarified that non usage of the Website/ Application for any period of time will not amount to termination of contract under these Terms of Use unless expressly terminated, as provided on the Website/Application and under these Terms of Use. All the rights acquired by the Firm prior to the termination of these Terms of Use including the rights acquired in any User Provided Content (as defined below) shall continue to remain with the Firm even after the termination of the Terms of Use or deletion of the profile or account of the User from the Website/Application. 

1.6 The Firm shall in its sole discretion have the right at any time and without prior notice to restrict, suspend, terminate, delete content or details of any User for any or all Services or this Agreement. Any such cases may be notified to the User as per the Firm's discretion.

1.7 You hereby agree and undertake that you shall use the Website and App strictly in accordance with this User Agreement and the Privacy Policy. Without limiting the generality of the foregoing, you agree that you shall not use the Website/App for any illegal or unauthorized purpose or upload inappropriate content, in any manner whatsoever. 

2 Competency to Contract

2.1 The use of the Website and the Application and availing of Services is only for individuals competent to contract as per applicable Indian laws (i.e. person above 18 years of age, and who is sound mind and is not disqualified from contracting by any law to which he/she is subject (“Eligible Person(s)”). 

2.2 In case the Services offered by the Website and Application are for and on behalf of a minor or a child or for any person who is not an Eligible Person, the Website and Application must be accessed by only the parents/ legal guardians who have to be competent to contract and act on behalf of such minor or child or person who is not an Eligible Person. Such parents/ legal guardians will be responsible for adhering to these Terms of Use and for the actions of the minor, child or the person not being an Eligible Person, on whose behalf he/ she accesses the Website/App without any liability whatsoever on the Firm. 

3 Services provided through the Website

3.1 The Website and the Application are designed to be utilised as a platform enabling the Users to obtain services with respect to workout plans and meal plans and advice of the health goals desired by the Users (“Services”). The Services provided include meal plans and workout plans that are custom made as per user goals of losing fat and/or building muscle, as far as possible. in the plans are focused on weight management. It is clarified that the plans are customised based on the information provided and there is no warranty provided that a particular plan would provide the results desired by the customers as this would depend on case to case basis. The plans provided are will not reverse any disease or medical condition whether hereditary or lifestyle based. 

3.2 The Users subscribed to the Website or the Application shall receive periodical update and information about the products and services provided by the Firm from time to time. 

3.3 The identified habits, cycles, likes, dislikes, meal plans, workout preferences, schedules, description and other relevant details shall be specifically provided in the profile of such User appearing on the Website/Application. The Firm may at its sole discretion modify the aforesaid categories of habits, schedules, plans and description or introduce new categories and forms of or discontinue any services without any advance notice to you. 

4 Registration of the User

4.1 The User agrees that he/ she shall only register once and use a single User account at all times. In case the Firm decides to delete the User profile or debar the User from use of the Website/ Application for any reason whatsoever, the User shall not directly or indirectly enrol with the Website/ Application again.

4.2 In order to register on the Website, a User shall be required to open an account with the Website/Application, for which he/ she may be required to provide information about themselves. The Website reserve the right, with respect to any such registration, to refuse to grant a User, and such User may not use, a user name (or email address) or screen name (a) that is already being used by someone else; (b) that may be construed as impersonating another person; (c) that belongs to another person; (d) that violates the intellectual property or other rights of any person; (d) that is offensive; and/or (e) that is rejected by the Website/Application for any other reason in its sole discretion. 

4.3 By registering with the Website, a User certifies and undertakes that all information provided by him/ her now, is and/or in the future will be true and accurate and also undertake to revise and update the information in a timely manner. The information provided by a User shall be governed by the Privacy Policy of the Website. In the event a User provides information that is found to be or suspected to be untrue or inaccurate, the Website reserves the right to, in its sole discretion suspend or terminate such User’s registration and block current or future access by such User to the Website. We request you to keep your sensitive personal information including the password of your User account or any financial information including but not limited to Payment Options and all meal plans, work out plans, recipes and other information provided by us by email or on our Website/Application strictly confidential. Please note that for any medical information or allergy information or injury information is collected by the Firm solely for the purpose to evaluate the plans provided. The User shall be solely responsible for ensuring that the plans provided as a part of the Service do not affect the health of the User in any manner.

4.4 The User shall not operate the Website/ Application in any manner which will be prejudicial to or detrimental to the interests of the Firm, any other User of the Website/ Application or any other person or generally the public at large by engaging in illegal, inappropriate, unauthorised activities of any manner whatsoever including activities, tactics which may be insulting, offensive, defamatory, slanderous, libellous, vilifying, cause a threat to life or property or intruding the privacy of any other person. Any such prejudicial, detrimental or unauthorised use of the Website/ Application shall immediately terminate the right of such User to use the Website/ Application.

4.5 In case you register on behalf of a minor or a child or a person who is not an Eligible Person, your discretion is solicited while giving access of the Website/Application and the User Provided Content posted therein to such minor or child or person who is not an Eligible Person and must ensure that the minor or child or person other than an Eligible Person complies with the Terms of Use. You shall be deemed to be in breach of these Terms of Use in case of any breach of these Terms of Use by the minor or child or person other than an Eligible Person; you register yourself on behalf of and the Firm shall not be held responsible for any such breach in any manner whatsoever. Only the parent or legal guardian registering on the Website or Application on behalf of a minor or child or person who is not an Eligible Person shall interact with the Firm or on the Website/ Application on behalf of such persons. 

4.6 Notwithstanding anything that is stated in these Terms of Use or the Privacy Policy the Firm may at its sole discretion and without assigning any reason whatsoever, de-register or debar or deny registration or access to any person from using the Website and/or Application or any part thereof.

5 Subscription to the Services

5.1 A User may apply for an online subscription of the Services through the Website/Application. 

5.2 The facility of subscription shall be available to Users worldwide, however, the User acknowledges and agrees that the Services shall be online services and shall be provided by the Firm from India.

5.3 Payments for availing the facilities of an online subscription of Services shall be permitted only by electronic means or by deposit to our bank account, if so requested, in which case we shall provide you with our bank account details. Payment methods will vary from offer to offer. Upon availing the subscription of the Services, the User shall be redirected to the payment gateway of the Website/Application and the User shall have to make payment as required. The User hereby agrees and consents to permit the Firm to provide payment details on registration for continued subscription. All payments shall be made in advance depending upon the subscription plan that the User avails. For instance, the payment for a 4 week plan shall be made prior to start/renewal of the four week cycle. 

5.4 No requests for cancellation of a primary subscription shall be entertained once an order has been placed for an online subscription of Services subject to any specific terms regarding any offers, contests, lucky draws etc. Upon placing an order, the User will receive an email acknowledgement of the same. The said email shall be a confirmation/acceptance of the subscription order.  

5.5 The facility of continuous renewal (i.e. continuous renewal of subscriptions) is available on the subscription offers. Unless specifically refused by a User via an email to the Firm at [email protected], subscription availed by a User shall be automatically renewed.  

5.6 A User, however, will have the option to cancel the auto renewal of his/her subscription as well as receive a refund of payment collected for such auto renewal, provided a request for such refund is made prior to the date a User is charged for the same. 

5.7 The Firm shall have the exclusive discretion to cancel any subscription. However, it will ensure that any communication of cancellation is intimated to the User within appropriate time and any applicable refund, will be made in reasonable time.

5.8 The Firm shall introduce various offers, schemes or contest at different times. The terms and conditions for such contests shall be separately available on the Website and shall be applicable in addition to the privacy Policy and the Terms of Use hereof.

5.9 The Firm reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces from time to time. The Firm may at its discretion withdraw a particular scheme if it deems it necessary to do so.

5.10 While participating in any contest organized by the Firm, a User hereby agree to release and hold the Firm (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys' fees, or arising out of or related to a User’s participation in the said contest. 

5.11 In case of any query regarding any schemes, offers and contests etc., on the Website/Application or any subscription terms, please contact the customer care at [email protected]. 

6 User Provided Content

6.1 You are permitted to upload/send via emails audio/ video files, testimonials, data, texts, advises, responses, comments, letters, photos, articles, experiences, messages, posts, blogs, chat room conversations, bulletins, discussions forums, links or other similar form of media content for the purposes of maintain and sharing such content uploaded by Users ("User Provided Content"). You hereby expressly agree and understand intellectual property rights in the User Provided Content shall solely belong to the Firm. The Firm shall, at its sole discretion be entitled to display/ not display it on the Platform (or use it for marketing anytime now or in the future). If the Firm decides to display the User Provided Content on the Platform, it will be in public domain. The Firm will not require any further consent or sign from you for use of the User Provided Content. The Firm will not be required to inform you as regards the use of User Provided Content.

6.2 The User expressly confirms that the User is entitled to upload the User Provided Content and that the User Provided Content does not infringe third party rights in any manner whatsoever. The User hereby expressly indemnifies the Firm in case any violation of a third party right in any manner whatsoever. 

6.3 You expressly agree that in consideration for the efforts and use of resources of the Firm in maintaining, notifying and marinating content and also providing a platform to exchanges videos and other useful information, you grant to the Firm a worldwide, royalty-free, exclusive and perpetual right of the User Provided Content for the rights that are not transferred to the Firm as a part of the User Provided Content. The Firm shall be entitled to assign, license, use, change, distribute, duplicate or deal with any User Provided Content, in whole or in part, or to incorporate it in other works in any manner whatsoever, for such purpose as the Firm deem fit. By virtue of the assignment of the User Provided Content, you agree that the Firm may publish or otherwise disclose your name in connection with your User Provided Content. Your assignment hereunder shall survive even if you delete your account or unsubscribe on the Website/Application or remove the User Provided Content from the Platform or otherwise stop accessing the Website/Application. The Firm is not required to or bound to delete the User Provided Content for any reason whatsoever. 

6.4 You acknowledge that once the User Provided Content is uploaded or posted on the Platform it will be in public domain. The User must at all times refrain from disclosing or posting any personal information such as your contact details, financial information, credit or debit card details, email addresses in your User Provided Content. The Firm shall not be responsible for any misuse of such personal information. 

6.5 You agree and undertake that User Provided Content that you post on the Website/ Application either on behalf of yourself or on behalf of minor or child or anyone who is not an Eligible Person, shall not violate or be detrimental to the rights and interests of any other persons and shall not be unauthorised or an illegal action in any manner whatsoever. 

6.6 The User shall take the entire responsibility for the User Provided Content and the Firm is not liable for any information, data or facts in the User Provided Content. The Firm does not monitor or control the User Provided Content and does not guarantee, support or endorse the truthfulness, accuracy or reliability of the User Provided Content or endorse any experiences or opinions shared or expressed on the Platform.

6.7 The User agrees and acknowledges that the User Provided Content or any information or data uploaded by the Firm is provided or displayed with the understanding that the neither the Firm nor its representatives, employees or agents are doctors, nurses, medical counsellors, medical consultants, nutritionists, physician, therapists, medical experts, of engaged in any sector of medical field, psychology or any other professional field or advisory. The User Provided Content or any other content uploaded by the Firm should not be used for any medical treatment, medical opinion, medical advice, health care advise, medical diagnosis, diet advice or for any other treatment. It does not substitute for advice from a medical professional or any other professional, as the case may be. It is prudent to seek advice of your physician, doctor or any other healthcare expert providing services regarding any medical issues or treatment before taking any health related or medical decision or before beginning the subscription to avoid any adverse reactions of the suggested meal and workout plans.

6.8 You, as User shall not host, display, upload, modify, publish, transmit, update or share any information/ content on the Platform or Website/Application or send it vide email, which would call for or require Firm or any other person to upload or share any information/ content that:

(a) belongs to another person and to which the User does not have any right to;

(b) is grossly harmful, harassing, blasphemous defamatory, hurts religious sentiment, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c) harm minors in any way; 

(d) infringes any patent, trademark, copyright or other proprietary rights of any person; 

(e) violates any law for the time being in force; 

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 

(g) impersonates another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation in any manner whatsoever.

6.9 The facility to share the User Provided Content on social networks may be provided through the Website/Application and Platform including but not limited to Facebook, Twitter, Instagram, Pinterest, Youtube etc. from time to time. In the event that you opt to share the User Provided Content on any other social networks, you agree to comply with the terms of use and other policy requirements of such other websites and social networking platforms. 

7 Use of the Website and Restrictions 

7.1 You agree to provide the Firm with any information or documents as may be requested by the Firm or any other authority without any protest for the purpose of enabling the Firm and/or authority to verify the accuracy of the information provided by you and conformity of your use of the Website/ Application with these Terms of Use. 

7.2 The Firm does not guarantee the authenticity, utility or credibility of any User Provided Content or personal information on the Website/Application, and shall not be responsible for any actions that the Users may take as a result of using the Website/ Application or having to access to User Provided Content on the Website/ Application.  

7.3 No advice or information, whether oral or written, obtained from or through the Firm will create any warranty not expressly made herein.

7.4 You acknowledge and agree that the Firm shall not be responsible for any inherent risks of using the Services on the worldwide web or internet generally including phishing, hacking, corruption of data, piracy and the likes. You agree that by using the Website/ Application, you assume all associated risks of using the Website/ Application on the internet. 

7.5 You acknowledge and agree that the Firm may retain and disclose your information and User Provided Content that you provide if the Firm is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary for any reason that the Firm deems fit.  

7.6 Be aware that the Firm does not undertake to pre-screen User Provided Content. However, The Firm may periodically examine the information transmitted or received through the Website/Application and deal with or modify such information transmitted or received through the Website/Application as may be deemed necessary by the Firm in accordance with reasonable security practices from time to time. The User shall be bound by any such actions or decisions of the Firm. 

7.7 The User shall be solely responsible for all information that is made available by them via the Website/Application and shall be liable for any injury, damage and consequences that may arise due to incorrect, wrong or malicious information. The Users are hereby advised to make all inquiries that they may deem necessary prior to availing any Services including obtaining and seeking medical advice. The Firm will not be liable to the User or any other person in any way for any costs or consequences caused due to availing the Services through the Website/Application including injuries and death. 

7.8 You are expressly prohibited from soliciting or engaging in any illegal or immoral acts through the use of the Website/ Application in any manner whatsoever.

7.9 You will not use any part of the Website/ Application for any commercial activity whatsoever, or engage in any business, trade or vocation whether competing in nature in relation to the business of the Firm or not without the prior written consent of the Firm, including, for example, inserting your own or a third party's advertising, branding or promotional content, promoting a political party/ agenda, promoting a religion/ religious group, promoting a website or application competing with the Website/ Application into the Website's/ Application’s contents, materials or services, in any manner whatsoever.

7.10 The manner of arrangement, working, operation of the Website/Application its graphics, displays, interactive platforms, windows as available on the Website/Application are the property and proprietary information of the technology partners of the Firm and their operation, display shall be at the sole discretion of the Firm and their technology partners. 

7.11 You shall not hack or render useless or try to illegitimately gain admission into or corrupt any part of the Website/ Application or any other records, computer, de\ice, network, storage, system of the Firm or any other of any other person (natural or artificial) through any means whatsoever. 

7.12 The Firm shall in its sole discretion be entitled to restrict/ limit the number of messages, emails to be sent to the User in order to ensure that the Website/ Application is not misused for bulk/ spam messages in any manner whatsoever. 

8 Information on the Website or Meal Plan

8.1 Whilst every effort is made to update the information contained on the Website/Application, neither the Firm nor any third party or data or content provider, if any, make any representations or warranties, whether express, implied, in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data, information posted by Users and/or content contained on the Website/Application (including but not limited to any information which may be provided by any third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on the Website/Application. The Firm reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website/Application. 

8.2 Information offered on the Website/Application is only for information purposes and shall not be construed as advice. A User relies on the Information contained on this Website at his/her/its own risk. If the User finds an error or omission on the Website/Application it may inform the Firm about the same. The Firm may take into consideration such input by a User but is under no obligation to act on such input. 

8.3 The personal meal plan is generated based on recommended daily energy intake recommendations based on your height, weight, gender, and age. The recommendation is based on the following:

The ingredients used in our meal plans are based on the following food databases,

1. The Food and Nutrition Database for Dietary Studies (FNDDS) – [https://data.nal.usda.gov/dataset/food-and-nutrient-database-dietary-studies-fndds] 

2. The USDA National Nutrient Database for Standard Reference (SR) – [https://fdc.nal.usda.gov/]

3. Nutrition Packaging Label of food recommended – This is based on the information contained on the carton, package, box or label or provided by such third party service provider or based on information available generally online for a food item or product recommended. Such as, if a product A is recommended, we may provide you certain information based on the information that is contained on its packet.

9 Intellectual property and proprietary information

9.1 The Firm is legally entitled to use of trademarks, word marks, logos applied or registered in the name of the Firm. The Firm or its licensor/technology partners (as the case may be) are the owner of the Website/ Application, including but not limited to the, source code, object code, scripts, logos, design, graphics, button icons, arrangement and software. All content posted on the Website/Application is either owned by the Firm or irrevocably assigned to the Firm. The User is not entitled to use the name, trademarks, proprietary information, logos or the intellectual property of the Firm in any manner whatsoever. 

9.2 Nothing contained on the Website/Application should be construed as granting any licence or right to any User, to use any intellectual property belonging either to the Firm and/or its technology partner or third party service provider associated with Website/Application, in any manner whatsoever. Subject to what is stated in the paragraph above, any other material displayed on the Website/Application that is capable of being protected as intellectual property shall be the property of the Firm or its licensors and nothing contained therein should be construed as granting any licence or right to the User to use any such material without the prior written permission of the Firm.

9.3 The User agrees that they shall not, in any manner whatsoever – 

• design, develop or engineer a website or application deceptively similar to the Website/ Application; 

• download, duplicate, copy, alter, modify any content or intellectual property on the Website/ Application; 

• publicise or use for commercial gain any content or intellectual property on the Website/ Application; and

• any content or intellectual property on the Website/ Application.

• Reverse engineer the website/application 

10 Pop-up - third party applications

10.1 There may be links contained on the Website/Application or pop-up advertisements to other applications/ websites/ web pages/blogs etc. which will give a User access to such other applications/websites/web pages/blogs etc. (“Linked Website”). The applications/ websites/ web pages/blogs etc. accessible by such Linked Website are not under the control of the Firm. The Firm has not reviewed, nor approved the content, services, material, other links etc. available on such Linked Website and shall not be held responsible in any manner whatsoever for any contents, services, other links etc. (or lack thereof) on any such applications/websites/web pages/blogs etc. The inclusion of any such applications does not imply endorsement by the Firm of such other Linked Website. When visiting such Linked Website, the User must refer to the external application/websites terms and conditions of use. No hypertext links/ links to third applications shall be created from any application/ website controlled by the User or otherwise to the Website/Application, without the express prior written permission of the Firm. The User is to contact the Firm if it would like to link to the Website/Application or would like to request a link to its application/website. 

11 Fees

11.1 The charge/fee for the subscription of the Services shall be as provided in the offer terms detailed on the Website/Application and opted for by a User for the use of the Website/Application. Further, in the event, the Firm is required to charge any additional fee/applicable tax by virtue of any provisions of any law, rules or regulations that are either applicable or may be applicable in future, the User expressly agrees to pay such fee/charge that may be levied by the Firm under the relevant provisions of such law/rules/regulation. 

11.2 The Firm may offer such promotional codes (“Coupons”) to the Users or to the potential users or subscribers of the Website/Application as it deems fit from time to time for promotion for offering any specific benefits, offers, discounts, services. The Firm reserves the right to offer or discontinue such Coupons subject to any additional terms and conditions as the Firm may require with respect to each Coupon offered or discontinued at any time without any prior intimation of any sort for any or no reason without any liability on the Firm whatsoever. Unless otherwise specified in the terms of conditions of the respective Coupon(s), the Coupons shall be (i) non-transferable, non-assignable, (ii) used only for the purpose specified. The Coupons shall not be sold, disposed, copied, circulated, exchanged for cash or redeemed for any purpose, other than the specified/ intended purpose. The Coupons may be valid for a specified time and restrictions on the number and manner of use. The Firm may deny /withdraw/ cancel/ suspend any benefits/features/ services offered through the use of any Coupons at its sole discretion with any prior notice to any person.

11.3 You will be required to make payments to the Firm pursuant to the debit card/ credit card/ wallets/ gateways/ net-banking or similar means (“Payment Options”) available on the Website/ App. All the payment obligations shall not be cancellable and all payments made by the User shall not be refundable for any reason whatsoever.

11.4 The Firm shall be entitled to change its pricing policies from time to time, without any prior notice to you. 

11.5 The User hereby expressly states that he/ she is validly entitled to make payment to the Firm via the Payment Options. 

11.6 You agree and undertake to comply with the exchange control laws, foreign exchange control and any similar laws and regulations applicable to you while dealing with and making payments for availing the Services of the Firm.  

11.7 Please be aware that all Payment Options are provided and maintained by third party service providers and the Firm. Hence the Firm is not liable or responsible for misuse of any information provided by the User at the time of making payment for the use of the Services on the Website/ App. 

12 Disclaimers and Limitation of Liability 

12.1 You acknowledge that the Services provided on the Website/Application. The Firm does not assure or guarantee that they would necessarily secure an optimum result or the advice be equivalent to a doctor’s advice/dietician’s advise.

12.2 You acknowledge and agree that the Website/ Application is not intended to substitute nutritionists/doctors or dieticians. The Users shall solely be responsible for any decisions made by them in regards Services and the plans and the steps taken by the User to follow these plans. The Firm hereby states that any decisions regarding following of the workout plans or meal plans should not be made solely on the basis of the information available on the Website/Applications. Each workout plan and meal plans may affect each customer and individually differently and there may be instances of weight gain or weight loss which may not be according to the requirement of the customer. We cannot be held liable in such cases and we recommend consulting your doctor/nutritionist before starting any plan. 

12.3 The Firm shall not be held liable for any and costs, claims, damages or injuries suffered by the User owing to use the Website/ Application, in any manner whatsoever (including death).

12.4 The Firm shall endeavor to provide accurate and hassle free information to the Users of the Website/ Application in an uninterrupted and secured manner, but the accuracy, reliability and security of the services, any descriptions, qualifications, abilities, performance or other attributes provided by any User Provided Content cannot be guaranteed and the you acknowledge that User Provided Content and other data/information on the Website /Application could have errors or may not be up to date, for which the Firm cannot be held accountable or liable at any time.

12.5 The Firm may undertake maintenance of the Application or the Website, undertake actions interrupting use of the Website/ Application, upgrade software, repair technical issues, modify the Website/ Application, deal with any other circumstances beyond the Firm’s control or delete, modify, or add any accounts on social media platforms from time to time, without any notification to the User. The User acknowledges and agrees that the aforestated circumstances may result in interruption of Services on the Platform/ Application/Website. The User agrees to co-operate with the Firm during such times.

12.6 The User agrees and understands that the Firm shall not be held responsible, liable for the disruption of services or non-performance of the terms of these Terms of Use and Privacy Policy or the costs and consequences arising from disruption of services or the non-performance of the terms of these Terms of Use and Privacy Policy, owing to a force majeure event such as national emergency, war, riots, insurrections, acts of terrorism/ public enemies, pandemics, epidemics, civil disturbances, prohibitive governmental regulations or the orders of any judicial / legislative authority, strikes, lockouts or other industrial disturbances, fire, floods, lightning, violent winds, cyclones, severe rains, earthquake or other acts of God, hardware or software crashing or failures, or any other cause beyond the reasonable control of the Firm that renders use of the Website/ Application impossible.

12.7 The Firm shall not be responsible for any loss of data or deletion of any User Provided Content or data that may have been provided by the User resulting from such interruption of any service. 

12.8 The Firm shall not be responsible or liable for any loss or deficiency of any services availed through the Website/ Application. The Users shall use the Website/ Application at their own risk. 

12.9 In no event shall the Firm be liable to the Users for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Website/Application.

13 Limitation of Liability

13.1 THE WARRANTIES EXPRESSLY STATED IN THESE TERMS OF USE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY FIRM. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS OR GUARANTEE FOR A PARTICULAR PURPOSE. THE SERVICE AND FIRM INFORMATION ARE PROVIDED TO USER ON AN "AS IS" AND "AS AVAILABLE" BASIS. USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR USER'S PURPOSES.  

13.2 Except with regard to User’s payment obligations and with regard to either Party's indemnification obligations, in no event will the Firm’s aggregate liability exceed the fees paid by the User for the 6 month period prior to the time of the event or circumstance giving rise to such claim. In no event will the Firm be liable in an action in negligence, contract, tort or based on a warranty or other legal theory, in any way to the User or any other person for any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or for any punitive, indirect, remote, exemplary, special, incidental, consequential or similar damages of any nature, whether foreseeable or not arising out of or resulting from these Terms of Use. The foregoing limitation applies to all causes of action in the aggregate including without limitation to breach of contract, breach of warranty, negligence, strict liability and any other torts. 

14 Indemnity

14.1 You shall indemnify and hold safe harmless indemnified the Firm, partners of the Firm, the employees, affiliates, representative, sub-contractors, agents and associates of the Firm from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (i) your access and use of the Website and Application, (ii) Your uploading User Content on the Website/ Application, (iii) your breach of these Terms of Use / Privacy Policy; (iv) your misrepresentation, negligence, misconduct, non-compliance or violation of any applicable laws, violation of a third party right; (v) any wrong or incorrect information provided by you to us, in any manner whatsoever.;.

14.2 This indemnity shall survive the termination of these Terms of Use and Privacy Policy. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of or by us and/or our suppliers, licensors, affiliates, partners, subsidiaries, employees, representatives, agents and/or members.

15 Equipment and Operation

You shall provide and maintain all telephone/ internet and other equipment necessary to access the Website/App and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website/Application.

16 General

16.1 Entire Agreement. 

These Terms of Use along with the Privacy Policy (“Website Terms & Conditions”) constitute a record of the agreement between the User and the Firm in relation to the User’s use of the Website/Application. Unless otherwise specifically stated, these Website Terms & Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the User and the Firm in respect of the User’s use of the Website/Application. These Website Terms & Conditions are in addition to and are to be read in conjunction with any special terms and conditions that may be applicable to services availed of by a User. 

16.2 Amendment

We may at any time as we think it is fit, change the terms and conditions of these Terms of Use and/or the Privacy Policy without advance notice to you. Your continued use of the Website/Application after such change in these Terms of Use and/or the Privacy Policy will mean and imply that you accept the new and/or modified terms and conditions of these Terms of Use and/or the Privacy Policy. Kindly re-visit the ‘Terms of Use’ link at our site from time to time to keep yourself familiarised with any changes that may be made to these Terms of Use or Privacy Policy to enable you to adhere to the same. It is clarified that any amendments or modifications to these Website Terms & Conditions shall be effective immediately upon posting.

16.3 Conflict 

If there is any conflict between the Website Terms & Conditions and any other document, the Website Terms & Conditions shall govern the arrangement between the User and the Firm, whether such orders or other documents are prior to or subsequent to the Website Terms & Conditions, or are signed or acknowledged by any partner, officer, employee, representative or agent of the Firm, except for use of User Personal Date of Users, in which case the Privacy Policy shall prevail. 

16.4 Waiver

Any delay, failure, forbearance or indulgence by the Firm in exercising, enforcing at any time any of the provisions of the Website Terms & Conditions shall not constitute or be construed to be a waiver of such provisions or of the right of the Firm to enforce any such provisions. No single or partial exercise of any rights under the Website Terms & Conditions shall preclude any other or further exercise of such rights or the exercise of any other rights under the Website Terms & Conditions.

16.5 Severability

If any provision of the Website Terms & Conditions or the application thereof become invalid or unenforceable, to any extent and for any reason including by reason of any applicable law, the remainder of the Website Terms & Conditions and the application of such provision shall not be affected thereby, and each provision of the Website Terms & Conditions shall be valid and enforceable to the fullest extent permitted by the applicable law. 

16.6 Governing law and Jurisdiction and Dispute Resolution

All the Website Terms & Conditions shall be governed by and construed in accordance with the laws of India. 

All disputes and differences between any User and the Firm regarding the interpretation, scope or effect of any of the Website Terms & Conditions contained herein shall be referred to an arbitral tribunal consisting of a sole arbitrator appointed in accordance with the terms as may be mutually agreed between them. The language of proceedings shall be English and arbitration shall be held at Mumbai. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996.

Subject to the paragraph above, the User hereby consents to the exclusive jurisdiction of the courts of Mumbai, India in respect of any disputes arising in connection with the use of the Website/Application, the Website Terms & Conditions or any other relevant terms and conditions, policies and notices or any matter related to or in connection therewith. 

16.7 Assignment

Any rights, benefits or obligations arising out of these Website Terms and Conditions shall not be assigned by you to any person. Any such assignment shall be null and void. However, the Firm may assign the terms of these Website Terms and Conditions, in whole or in part, to any third-party or any User Provided Content uploaded on the Website/Application at any point in time to any person at its sole discretion.

16.8 Contact Details

If the User (i) has any questions, comments or concerns arising from the Website Terms & Conditions; (ii) desires to provide input on the Information on the Website/Application or the material provided by another User; (iii) who desires to send in any requests/concerns/suggestions/feedback with respect to the Website/Application; (iv) is desirous of discontinuing /cancelling his registration/subscription; (v) the use of the Website/Application by another User; or (vi) if the User wishes to lodge any complaints regarding the Website/Application for example misuse or abuse of the facilities/Services by another User, technical snag in the software etc., such User may write to or contact the Firm at

For general questions/ support: [email protected]

For Grievance: 

Name: Miten Kakaiya

Company: Miten Says Fitness LLP

Address: B-603, 6th Floor, Venus Tower, Azad Nagar, Veera Desai Road, Andheri West, Mumbai 400053